The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-07
Supreme Court Decides That
Law LIS Not Good.
Opinion of the Judges Is IMAM
imOus.
ADOPTED WRONG PLAN.
Governor Hoch Says His Advice
Wasn't Followed.
Would Have Had Refinery at
Lansing Prison.
TEXT OF THE DECISION
Public Disaster for State to
Embark in Business.
Violates a Provision of the State
Constitution.

By a unanimous decision. the su-
preme court today declared unconsti-
tutional the state oil refinery law, and
refused to grant a writ of lnandanux
to compel the warden of the peniten-
tlary and the state treasurer to issue
the oil refinery bonds.
The opinion was written by Justice
Greene, and comprises about 80 large
typewriter pages. The substance is
compactly stated in the syllabus. which
is as follows:
In the Interpretation of an am
biguous statute, courts should examine
1t IN the light of the history of its en-
actment as disclosed by the Journals
OF the legislature, the contemporary
history of the conditions and situation
OF the people, the economic and so-
Geologic policy of the state, its consti-
tutIon ana laws. and all other matters
OF common knowledge within the Urn-
its of their jurisdiction.
z-Ihe construction, operation. and
maintenance of an oil refinery for the
purpose OF receiving, manufacturing.
oii a,.s ang ano nandilng crude and refined
,ta.iad oll ana rs by-products, and the mar
ketlng OF the same, constitute a work
OF internal Improvement
5-Senate bill No. 80 Claws 1eo6-
-, = =, 70 an act appropriating
money for works of internal irnprove-
ment It contravenes section 8 OF
article IL of the constitution. ana
hence is void ---s-
above syllabus and some extracts from
the opinion by State Journal reporfer
lew minutes after the opinion was
given out. He said:
Of course We will have 70 accent
the mandate of the court. If the ler
lslalure had adopted the plan which
proposed. and. voted $4,000 for an ex-
per1n1ental refinery at Lansing. there
would have been no trouble I do To+
peheve that this decision will have the
slghtest effect on the operation of the
state binding twine plant That is q
perfectly proper enterprise, put there
Ior the purpose of furnishing employ
ment for the convicts 1t will con.
tnue to do business
warden E. B. Jewett of the state
penItentiary was here today and said.
about two months that tn estate woI1Id
aoout two months that the state wouId
the law would be sustained. However
the decision will take a great load of
responsibility off from the shoulders
OF the man who gets the Job of
warden of the penitentiary. don,f
nave the slightest idea how this will
a1rect my chances for reappoinfrnent
II the legislature had made two Nif
Ierent laws, one establishing a branch
penltentlary, and one putting an oj1
refinery In the penitentiary. the s11-
preme court would have sustained IL >.
Justice Greene's Reasons.
After stating the case fully. Justice
greene discusses the right of the court,
IN constituting a statute, to rnake~1se ~
It's familiarity with the history and
condltlon of the people at the time Of
tne passage OF the law. In view of the
Iact tnat the only hope of the support
ers of the refinery scheme that the bill
would be held valid, was based I1non
the claim that the court would not take
INTO consideration the true object and
aims of such legislation, the court dis
cusses fully the fact that many of these
| conditions are matters of s'tudiciai
notice." and cites and quotes much an
thority. It says:
The history and conditions of tha
people within the jurisdiction of a court
at the time of the passage of an act.
which it is called upon to construe for.
the purpose of determining it's validity
are familiar to a court and its IxnowI-
edge of the same should aid it in as
suning the proper viewpoint from
which to discover the object of the law
particularly a law of the nature of
the one under consideration. The his
! tory of state, which should include
the facts surrounding the enactments eff
its legislature and the questions therein
raised upon the passage of every law of
an economic nature, as we'll as the do
lngs of its people and the public oues-
tlOLS WHICH nave dSlLdLeQ their minds.
is known by a court. If the act under
consideration be one passed Immediate
| ly before court is called upon to con-
strue it, it is familiar with the con-
ditions of the people as any well inform
| ed citizen of the state. It knows that
| in certain portions of the state large
| areas are devoted to the growing of
wheat, while in other portions the
| farming of that cereal is not practicable.
| 1t knows that the same is true of corn
and other crops. 1t knows that certain
parts of the state require irrigation to
make farming profitable, while in other
parts the precipitation is generally suf-
| ficient. It knows that in certain coun-
ties large deposits of coal are found and
in others large fields of oil and gas
have been discovered. It knows the en-
terprises of the people of the state in
a business way quite as well as it un-
derstands the agricultural conditions. It
also knows those general facts concern
ing the public aims and interests OF
the state in social and economic ways
which all well informed people know.
| including the questions that agitated
| the public mind at the time this certain
law was enacted, and knows the his
| tory of the constitution and the reason
for the adoption of certain provisions
and the rejection of others.
| Statutes are but public sentiments