The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-01
Attorney General Coleman ON
Constitutional Amendments.
Holds ThatState PrinterChange
Nay Be Submitted.
THEY WERE CARELESS
Little Care Is Exercised About
the Publication.
Must Be Printed in Every County
in State.

At the request of Secretary of State
Burrow, Attorney General Coleman
has rendered a lengthy opinion regard
ing the regularity of the passage of the
three constitutional amendments which
the last legislature voted to submit to
the people. He declares that the Fran
els proposition to amend the constitu-
ton so as to give the governor the
power to veto any item or item in
miscellaneous appropriation bill with
out vetoing the entire bill. and the
Smith proposition to amend the bill of
rights SO that the state may take a
change of venue in criminal cases when
an impartial jury cannot be secured in
the county in which the crime is COM
mitted, were not passed in accordance
with the constitutional requirements
and therefore cannot lie submitted to
the voters at the coming election. The
state printer amendment, Mr.. Coleman
decides, is ali right and must be sub
mitted.
According to the constitution, propo-
sitions to submit constitutional amend
ments must be published in at least one
newspaper in every county in the staTS
for three months prior to election. This
would neceSsitate the sending out OF
these propositions to the newspapers
by the first of August, only a month
away. Mr.. Burrow desired to know
whether any or all of the amendments
are to be submitted, since grave Dues
tionS regarding their validity have
been raised, and hence be submitted the
matter to Attorney General Coleman.
AS the State Journal pointed out
few days ago, the constitution pro-
vides that when propositions to amend
the constitution pass each house by a
two thirds vote, "such proposed amer l.
ments together with the yeas and :.
shall be entered on the journal.
Mr Coleman from
nails of the two houses that the Fran
els proposition was published IN the
house journal upon its first and sec
ond readings in the house, but that 1T
was not published upon its final pas
sage, and that it was never published
III the senate Journal at all. This, he
decides, eliminate the Francis propo-
sition.
The Smith proposition to amend the
bill of rights he finds was published in
the senate journal at the time it was
introduced t-t wards an7t-l
resolution - l. stltueed r
which was ol1shed, ar ls
substitute N.aL e.mended, ..la the
amended substitute was not published
In the house journal the original
Smith resolution, with the amend
ments, was published, but not the sub
stitute. Mr.. Coleman therefore con-
cludes that the resolution which was
from the one which passed the senate.
and this, he decides, eliminates that
as a legal proposed amendment.
The Kennedy proposition to make
the state printer elective by popular
vote instead of by the legislature Mr..
Coleman finds was published in the
senate journal when introduced but
not when finally passed. In the house
journal he finds it published upon it's
final adoption, and as it is exactly as
published in the senate journal when
introduced, he gives it as his opinion
that this fulfills the requirements of
the constitution and that this amend
ment is therefore valid and must be
submitted to the voters at the coming
election
Mr.. Coleman does not touch upon
the question of the necessity of the
publication of the propositions in the
statute book to make them legal, in
his written opinion, but he gave an
offhand opinion today that this was
not necessary Each resolution pro-
vides that it shall go into effect upon
publication in the statute book, but
Mr. Coleman says the legislature can
not by resolution or otherwise. add to
the provisions necessary to submit a.
constitutional amendment. He says
if the propositions come up to the
constitutional requirements that is all
that is necessary.