The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-16
Not Necessary to Have Repeal
ing Clause In Law.
ASKED HIS OPINION.
Tells How lie Was Requested to
Examine Bill.
Senator Smith Didn't Know of
And 4 - Clause.

law which simply amends another is un-
necessary.
The supreme court made a ruling of
this kind, Mr.. GODDARD says in the case
of the state against Countryman, 57th
Kansas. page 1913. Mr. GODDARD says that
where the new specifically states that
the old law lis amended to read as fol-
lows" the repeating clause is of no
force or effect.
Mr.. GODDARD thinks too, that the doc
toring'' of the new law, if there was
any, consisted in inserting the and T.
in the repeating section of the bill in
stead of taking It out. He says that
parties came to him on Thursday of last
week with the information that the title
and the body of the bill did not agree, and
asked him for an opinion as to the va
hdity of the bill He looked up the rec
ords of the passage of the bill, includ-
ing the deliberation of the final con-
ference committee, and he says the and
4" appeared in the title of the bill but
not in the repeating section at that time.
Mr. GOdard's opinion, however, is that it
made no difference one way or another
/ There is no denial of the fact that the
and 4" was inserted after the first en-
rolled copy of the bill was made. Ky
eryOne agrees as to that. Lieutenant
/ Governor Hanna says that when the bill
was presented to him for his signature,
! Representative Billings, chairman Of the
/ house enrolling committee, called his at
tention to the discrepancy between the
/ title and body of the bill. and that he
sent for both c. NJ. Sheldon. secretary
of the senate, and W. p. Mason. chief
clerk of the house, and asked them what
the record showed regarding the body
/ of the bill. Both agreed that the and
4" should go in the body of the bill,
and it was therefore inserted anu new
enrolled copy made.
Senator Smith chairman of the con
+ ference committee which fixed up the
amendments to the bill. was Just start
4 ing for Chicago, but Lieutenant Go@er-
nor Hanna says he caught him by tele-
phone and asked him about the matter,
and Senator Smith replied that he did
/ not think the - was in the bill. but
that in his opinion it made no difference
whether it was or not.
A boom has already been started for
4 W. r. Stubs. of Lawrence, for speaker
two years hence. Stubs was an anti
administration man to start with. but he
rode III the administration band wagon Il
number of times towards the close of the
session
The new city charter act for cities of
the first class was finally passed as the
temperance people wanted it-with the
clause stricken out providing that police
court prosecutions barred prosecutions
for the same Offense in state courts. ana
allowing the city to appeal under GER
tain conditions.
George H Lamb. ex-state senator
from Woodson county believes the law
creating a new judicial district of Allen
and WOodsOn counties is unconstitu-
tionaI, because it provides that the judge
for the new district shall be elected at a
special election, while the constitution
provides that all vacancies in district
judgeships shall be filed by appoint
ment by the governor. AS soon as the
law is published and becomes effective
Governor Bailey will issue a proclama-
ton calling the special election for
May >
The new plumbers law gives the
mayor Of each city of over 1000 DoDula-
ton some new patronage. 1t Will be two
members Of the local plumbers board.
The chairman of the city board of
health becomes one Of the members. and
lie is chairman Of the plumbers board
One of the other members must be a
master plumber and the third journey
man plumber. Within three months
after the law becomes effective each city
must pass an ordinance prescribing rules
for plumbing, and no plumbing can then
be done, except repairing leaks, without
a permit from the plumbers board.
Dozens of applications are coming in
to the governors Office for places on the
state barbers's board. The law will NOT
become effective until published in the
statute book, which viii probably be
+ Governor Bailey says he will consider no
+ applications for the jobs until that time
H. E Richter. of Council Grove. ex-
/ lieutenant governor is an applicant for
! J. n. Fixes place on the state board OF
railroad commissioners since it has been
decided that the place will go to a Re-
Dublican-if one can be elected.
Since Governor Bailey has denied the
rumor that he has selected Speaker
Pringle as special attorney to assist in
i the Kansas Colorado water litigation
and says that he has not considced the
matter at all, it is quite possible that ex-
Attorney General GODDARD win be select
+ ed for the job. Mr. Godard's selection
would be the logical one, for he and
Pension Commissioner Ware know more
about the matter than any other law
4 yers in the United States, and they al
ready have the litigation well in hand.
Sam Amidon, of Wichita. has joined in
the race for the Democratic nomina ton
/ for congress in the Seventh district. This
makes four candidates at least. The
convention Will be held at Dodge City
on April 9, just a week after the Re
/ publican convention. The action o. the
! Republicans may have some bearing on
i the Democratic nomination.
John w Breidenthal has bought c.
! w Trickett's place in Kansas City,
Kas.. paying $500 for it. Trickett is
deputy internal revenue collector at
1 Kansas City, but it is reported that he
! intends leaving there
Atchison Globe: The Globe lately
stated that Charley Finch, after his de-
feat for postmaster of Lawrence, said
there were no sore spots on him. Mr..
Finch says he never said any such
thing. THE sore spots on me- he says.
ere sore as boils, and as big as water
melons"
Reed Smcot. United States senator
from Utah. has written personal let
ter to Senator MOrehouse of Morris
county. thanking the Morris county
statesman for defending his good name