The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-22
FLAW is FOUND.
State Printer Resolution Is Ir.
regular After All.
Mr.. Clark May Not Hold Over
Till 1907.
MISTAKE WAS MADE
Records Show House "NOn Con-
cOncurred' in Measure.
known, However. That ResOlu-
tiOn Passed Both Houses.

printer resolution, about which there has
been SO much controversy. may yet be
invalid because of irregularities In its
passage. or rather in the record of its
adoption.
1t has long been known that the reso-
luton was not printed in the statute
book, and it was this particular feature
that G. C. Clemens passed on IN the
opinion which he rendered for George A.
Clark. Mr.. Clemens decided that it is
not necessary to have a resolution to
submit a constitutional amendment
published in the statute book. even
though the resolution itself provides
that it shall be. Incidentally Mr.. Glenn
ems also brought out the fact that Clark
will hold the job of state printer until
1907 if the state printer amendment
should be adopted.
The reason why the amendment was
not published in the statute book has
just been discovered. 1t is recorded in
the senate journal that the house non
concurred" in the resolution. thereby
placing it among the dead bills In the
senate records. 1t was accordingly
treated as such. No engrossed copy was
ever made of it, and it was never signen
by the presiding officers of the two
houses. The only official copy of the
resolution is the original one as intro
duced by Senator Kennedy.
1t cannot be definitely ascertained who
is to blame for the mistake. AS mat
ter of fact the house concurred in the
resolution almost unanimously-the vote
stood "a to 5. But the published senate
journal shows message from the
house, duly signed by w. p. Mason, as
chief clerk, which says the house mon
concurred" in the resolution. On the
face of it it would appear that the fault
belongs to Chief Clerk Mason or some
me hoT of hi oil f<o1 I@,,k h.
extra syllable may have been inserted
in making up the senate journal. AT
any rate the resolution is dead accord
ing to the senate journal and no copy
signed by the officers of either body is
in existence to prove that it passed.
1t is, of course, common knowledge
that the resolution did pass both houses,
and the record of its passage is duly
recorded in the house journal. so that it
is possible the courts may decide that
the constitutional requirements have
been complied with.
The history of the resolution as at
tached to the original draft, also shows
its passage. This history shows that
it was introduced in the senate by Sena-
tor Kennedy on February 2, as senate
concurrent resolution No. 20. 1t was read
the first time that date and. printed the
next day. On February lott was read
the third time and passed the senate by
vote of 33 to 0. 1t was messaged to
the house on February IL, read the first
time and referred to the Judiciary COM
mittee, of which B. p. Waggener was
chairman. 1t was about this time that
George A. Clark and Cyrus Leland were
accused of trying to smother the reso-
luton, but the house was overwhelm-
ingly for its passage. and it was re-
ported favOrably by the committee read
the second time February 16, and
adopted on February 10 by a vote of "a
to 3. 1t was messaged back to the SEN
ate on the same day, and this is where
the first bobble seems to have occurred.
The record of the message, stating that
the house had ''non-concurred" is re-
corded on page 492 of the published SEN
ate journal
A search was made in the vaults of
the office of the secretary of state Mon
day afternoon for the original copy of
the senate Journal but it could not be
found. The house journal was found
and also the journals of several preced-
ing legislatures, but not the senate jour-
nal of the last legislature.
Little care is taken of these original
copies, as they are scarcely ever refer
red to- Those of old legislatures are
rolled up in little bundles of manuscript
and put in waste baskets, but the jour
nails of the legislature of 1901 and the
house journal of the last legislature are
wrapped in bundles about the size of
half buShel basket. The last house
journal makes three such bundles. 1t is
possible that the senate journal has
been put away in some out or the way
place and may be 1OunQ IN time. In6
proba bility is that it will show the same
as the published journal.
It will probably be passed up to Sec
retary of State Burrow to decide
whether he will send out the resolution
for publication in the country papers. |
as required by the constitution. or not.
If he does not, those who want the |
amendment passed, thereby making
the state printer elected by the peO- |
pie, can mandamus him in the supreme
court to compel him to send out the |
resolution, thereby securing court de- |
cision on the validity of the resolution. |
1t is a question now as to how many |
friends the measure has. When it was |
introduced the friends of E. w. Hoch. |
who had Just been defeated for state |
printer, were enthusiastic for it and de- |
manded its passage, because, they al |
legged. the members of the legislature |
had not been loyal to Hoch and that |
the people ought to have a chance to |
elect their officers. Now it has deVel- |
Oped that if the amendment carries |
there is no doubt but what there will /
be no possible chance for Hoch to be |
elected in 1905, as the adoption of the |
amendment in 1904 would abolish the |
election by the legislature and would |
positively leave Clark in possession of !
the office until 1907. OF course Clark |
would like this sort of an arrangement |
but it may not suit his opponents who !
were extremely enthusiastic for the |
adoption of the amendment last winter |
1t is announced that William Murdock
of Clifton will be a candidate for state |
senator in Washington county, to sue |
ceed Senator J. c. Morrow, who says he |
has had enough. Murdock represented |
Washington county in the lower house !
last winter and now wants promor1on
August Jaedeke, jr., of Hanover will be |
a candidate for representative
Senator r. B. Ward of Republic |
county was in Topeka Monday evening. |
= r. - - g.