The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-06-13
WHO is TO BLAME
Purposes Of Important Legisla-
tive Enactments Are Defeated.
Resolutions Not Published in
the Statute Book.
WILL HELP DEWEYS.
May Be No Change of Venue in
Murder Trials.
Representative CampbeIl's ResO-
luton Among the "Lost.'
WILL HELP DEWEYS.

Only one of three resolutions provid-
ing for the submission of amendments
to the state constitution. which passed
the last legislature, appears in the stat
ute book. The one which is published
is the resolution by Representative
Francis providing for the submission of
the amendment to allow the governor 10
veto any item or items in the mscel-
laneous appropriation bill without kill
ing the entire bill.
The two resolutions which are omit
ted are Senator Kennedy's proposition
to make the state pri elective by the
people at general q and Repre-
sentative Campbell sition to al
low the state to take a change of venue
in criminal cases where it is impossible
to secure a jury in a criminal case in
the county in which the crime was
committed.
The omission Of these two resolutions
from the statute book has created
furore but it seems likely that it will
have no effect upon them after all The
trouble seems TO have been caused by
the fact that they We're not enrolled by
the enrolling committees, and nothing
but enrolled bills and resolutions appear
in the statute book.
We have the original resolutions with
their history attached" said Assistant
Secretary OF State FIN p. Wilson today
4 hose show that the resolutions Wee
passed and We're messaged from house
to house all right The journals OF the
house and senate viii snow wheth n
these resolutions were passed in due
form. and if they are, as l underStal I'D
it, all that is necessary for their submis-
sion is 10 have them published in the
papers OF each county as provided By
law. I do not think IT makes any dli-
ference whether they are published in
the statute book or not.
THE trouble seems 10 have been,
continued MI Wilson. that these reso-
buttons were not enrolled. That is some
thing which this office has nothing TO
do WITH as the enrolling committees OF
the two houses look after that 1t they
were enrolled the enrolled copies evil
IDENTIFY did not reach this office for all
the bills and resolutions. which We're en-
rolled went into the statute book
Attorney General Coleman has also
given an Offhand opinion that the res0-
lutions do not need to be published III
the statute book in order to have the
propositions submitted to the people.
Only three constitutional amendments
can be submitted at any one generai
election 1t was generally known that
the limit was reached by the last legis-
lature and that resolutions were passed
providing for the submission of three
There are when only one
of them appeared in the statute book a
there had been some crooked work some
where or that there had been extreme
carelessness.
1t was difficult to see how anyone
would be benefited by the suppression of
the resolutions. and this largely coun-
teracted the suspicion taht they had
been purposely suppressed. II the stare
printer amendment should be adopted,
is it probably will be it would not be-
come effective until the popular election
of 1906 so it would in no wise interfere
with the reelection of George A Clark
by the next legislature
The other resolution, that by Camp
bell OF Meade. might be very useful In
the trials of the Dewey murder case
in Cheyenne county. If the amendment
it provides for were already adopted Ii
allows the state TO take a change OF
venue in criminal cases where an i'm
partial jury cannot be secured in the
county where the crime was com
mitted James Brennan, the slayer OF
Sam Wood, escaped punishment because
of the present provisions of the consti~
tuition providing that the criminal must
be tried in the county where the crime
was committed, unless he wishes *
change of venue. The murder of WOOI
was the result of the Stevens county
seat fight. and it was impossible to ger
a jury in Stevens county who was not
either for or against Brennan. Bren~
mans attorney could object, of course.
to every man who was prejudlceft
against his client, and the state on the
other hand did not want any Jurors
who were sure to hang for the acduittal
of Brennan. Consequently every avail
able man in the county was examined
without securing jury
The same thing may happen in
Cheyenne county in the Dewey trial.
BY the time the case comes to triai
it is likely that every man in the county
viii have so thoroughly discussed the
murder that every one will have a pos
tive opinion as to the guilt or inno