The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-08
Asylum Case Decided in
Favor of Parsons.
Keen DITCH COMPANY
Given the Right to Condemn
Lands.


said that limit to the duration of terms
IS prescribed and it is not in the power
OF the legislature either to abridge or ex-
tend terms, but that the legislature has q
right TO fix the commencement Of terms
and to avoid the expense, agitation and
other disadvantages Of frequent elections,
that the postponement Of elections for
year is reasonable, and the only practi-
cable method OF accomplishing TIE pur-
pose Of the legislature, and holds that If
II mad postponed elections an unreason-
able length OF time, so long as TO indicate
an intention to make the oces appointive
and prevent the people from choosing
their officers for regular terms, II might
be bad. Attention is also called to the
fact that the right to postpone elections
End secure uniformity In the commence
Inent Of official terms is not new in the
state. II was done in the case Of JUS
tees OF the peace by which their election
was postponed from spring until fail. and
the incumbents were authorized to hold
Dver until the next election. This act
was approved by the supreme court in
two case. Then at another time the cleo
ton Of county treasurers was postponed
and the commencement Of the term was
changed and authority given to appoint
county treasureFs for tbs vacansy, OF
interval between the regular terms as
read5usted. and that this act was approx
ed by the supreme court. The power OF
the legislature 70 read5ust the electoral
system and fix the time for tho beginning
CT the regular term IS fully sustained. and
Il lsfor the filing of the Offices during the
exceptional term, or interresnums arising
from the changes in the time Of elections.
So It is held that while the legislature
cannot expand or abridgs the terms OF
OF once fixed by the constitution or post
pone elections 50 long a time as to de-
prive the Offices OF their elective charac-
ter, the pOstponenent for one year for
the purpose stated is not an unreasonable
nor unnecessary time and does not indi-
cate e legislative purpose to make the
Offices aDpointive rather than elective
The court did not pass On the question
as to whether the present officers affected
by the new law viii hold over until an
other year, or whether their successors
shall bea5jointed by the governor to serve
during me pear. one OF the justices
said the reason that this was not decided
was that it could not come before tn
court properly at this time; that the
court would settle that when it came up;
that 1T was not deciding cases that were
70 come Up IN the future. This question
will not be decided until the terms Of the
present oficers expire. Then Governor
Stanley VIII appoint some one to make
2 rest case Of it, There viii be no gen
eral county elections in snsas this year.
only one county commissioner VIII be
elected in each county.
In the Parsons asylum casse Justice
Smith wrote q very brief opinion revers-
ing Judge Glass Of the Clay county dis
trict court in enjoining the board Of
charities from buying a site for the asy-
Jun at Parsons. Glass ruled that the
board had no legal right 70 buy a site;
that that was the duty OF a state board
OF public works, which Kansas has not
at this time. The supreme court held
that the board did have the power to
make the purchase. This ends the asy-
lum litigation for good and Parsons win
now get the new institution. The board
win proceed at once to build the asylum.
Judge Clark Of the Barton county dis
trict court declared the law giving the
Keen Ditch company, backed by the still
well syndicate Of Kansas City, the right
70 condemn the land fer a lake in Barton
county. unconstitutional The supreme
court reversed Judge Clark. The compa-
ny can now proceed to condemn the rest
OF the land necessary and establish the
lake. However. under another decision,
It must maintain bridges across the ditch
leading to the lake on the public high
ways.
The legislature last winter passed a
faw giving countlse and municipalities the
right to refund outstanding bonds with
attached coupons. Kelly & Co., bond
agents. WORKING under that law, entered
into contracts with Chase county to fund
its old bonds with att ched coupons. This
Increased the bonaed debt on the face
several thousand dollars although in the
long run the county would save little
by having the rate CT interest cut down.
Auditor Cole refused TO register the
bonds. claiming that no law could be
passed that would add to the face Of the
bonded debt by a refunding process. KEEL
IL q CO. filed mandamus proceedings in
the supreme court TO compel him 10 reg
ister the new bonds The court held that
interest coupons not due could not be re-
funded. This prevents possible jobs IN
the refundiHg bond business.
George II Dobbs and Mrs. New. the
Greenwood county murderers. now in
prison. tried to get a new trial on n wTit
Of habeas corpus. This was denied. Their
! only chance Tor getting out OF prison now
Is to break OUT OF be pardoned-
In a case from Russell county the court
held that barber was professional
man. This Is probably the first time that
chs has been recobnized by the courts.
Il. c. Pohiman. q barbre in Russell kan,
sol6 his shop 90 c. #. Dawson. and en-
tered into contract that be would not
engage in the barber business In the town
after that. But he did
AFTER the sale he went right across the
street and hired out 20 another barber
s,,oe and took his old customers with
hin, Dawson filed suit in the Russell
county district court 70 en5oiu him from
p~acticing his trace in Russell. The dis
tricr court enj0ined him from working
,l,e-a- lie appealed and the supren court
affirmed the lower court Tbs is the urst
teat q man has ever been sntoiaed from
working II ec sablishes loading by IN
s,,nction'' The interesting point Of the
decision is that making barber pro
feesional man. 1t was written by Jas
tee smith II reads;
..r-nsaEing himself as al em2ioye N