Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1901-03-14
THE KANSAS LEGISLATURE.

Topeka, Kas., March 9-Attorney
| General GODDARD, Thursday, expressed
the opinion that the clause of the BIZ
enniaI election law which authorizes
| the governor to appoint district judges
| for the period from January, 1902, to
| January, 1903, to succeed those whose
terms of office expire this year is I'M
constitutional, and may invalidate the
entire act, on the ground that the
| legislature can not create a vacancy
The opinion was given to members of
the legislature interested in the mat
ter. Mr. GODDARD will make a careful
examination of the law and give a
written opinion at an early date.
The clause in question was added
to the bill as a rider just before the
| legislature ceased to transact bust
ness, and in the hurry few members
noticed it. Politicians in judicial DIS
tricts where the fusionists are in the
majority are responsible for the rider.
Unable to elect republican, they fix
ed the law so as to enable the govern
or to appoint a republican, but their
| efforts seem to have been fruitless.
And they perhaps have killed one of
the few good laws enacted by this
| legislature.
1t is likely that a test case will be
made IL the near future by a demo-
cratic Or populist candidate from some
anti-republican district bringing
mandamus proceeding to compel the
secretary of state to certify his name
for publication on the official ballot.
In this manner the question of the
legality of the act could be raised and
decided without delay.
The biennial election law, If held to
| no valid will aWav with nff-voar
elections, saving hundreds of thous-
ands of dollars to the taxpayers, as
| we'll as much valuable time spent in
campaign work.
Governor Stanley has vetoed
the bill allowing the secretary
Of the state board Of health
| Stanley vetoed the bill allowing the
secretary of the state board of health
| to audit his own expense account. The
| bill was rai1roaded through the legis-
Iature last Saturday with explanation
that it simply changed the law so that
! the secretary could draw mis- pay
monthly instead of quarterly. The
section about auditing his own claims
was not explained In his veto mes
| sage the governor said
This is a privilege not allowed to
any other appointive office in the
|
! other instances vouchers for expenses
must be approved by some one other
| than the person mourning the expense.
! [ do not know why an exception
should be made in this instance, and
The secretary should be the sole judge
! Of either the reasonabIeness or neces-
sity of items of expense incurred by
him and be given the authority to ap-
! prove his own bills. There being no
reason for the exception in this in
| stance, l hereby return the bill with
out my approval
DR.. Swan, secretary of the board.
! has had considerable trouble with
Auditor Cole over expense accounts,
and the bill was prepared for the pur-
pose of avoiding trouble in the future,
| Lieutenant Governor H. E. Richter
and Speaker of the House George ].
Barker will be in no hurry to appoint
a commission to revise the tax laws
Of the state. The legislature passed
! bill giving them authority to name
commission. The lieutenant governor
will appoint two senators and the
speaker will name three representa-
tives. The bill did not require them
| to name the commission during the
session, so they will take their time
to it. The commissioners will each
draw SO a day, but shall not draw
pay for more than fifty days. They
I are each given 5000 expenses. Thus
they can get 500 out Of the deal. The
sum of $500 is set apart for fees for
the clerk and stenographer. The leg
tslature appropriated $4,000 to cover
the entire expense.
Governor Stanley will in a few days
announce the appointment Of the COM
mission provided for by the legisla-
ture to arrange for a Kansas exhibit
at the ST. Louis exposition. It is I'M
ierstood that Senator John G. Carpen-
ter father of the ST. Louis bill, will
be chairman of the commission. 1t
has been suggested that the governor
name for commissioners some of those
who were on the Buffalo and 1904
commissions, but it is not known
whether he will do so.
The st. Louis commission will have
BIS, 900 to work on. It is expected
hat most of this money will be spent
IN buildings, and that the legislature
Of 1903 will be asked to make another
appropriation. The Carpenter bill
called for 5000, but as the appro-
priation already had reached four and
half million dollars, tue amount was
cut. The bill calls for commission
Of seven members.
The law that will create more dis
cussion among the politicians Of the
state than any other law enacted at
his session is the Hallett biennial
election law. Already the attorney
general is beginning to get inquiries
about it. From every section the
cal leaders are wanting to know
5out the provisions of the new act