The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-14
Mr.. STUBS GIVES IT UP


by the Creator beneath our soil, am
inclined to waive my objection to the
socialistic phase of this subject ana
recommend the establishment of an oil
refinery of our own in our state for the
preser walton of our wealth and the pro-
lection of our people A respected cor
respondent objecting to this proposition
says that Every kansan has always
wished that our corn might be con-
verted into beef and pork before it was
shipped, but no one thinks it would be
a good idea for the state to go into the
business of feeding corn in order to
bring about that result This is
plausible, but not a sound argument.
The cases are not analogous. If a trust
should become able to universally con-
troll the price of corn, and should do it
to the continual detriment OF its pro-
ducers, then, the cases would be sim
liar, and i apprehend my friend can
now see the fallacy of his argument.
Our producers are now compelled to
sell their crude oil entirely too cheap
while the consumers of the final pro
duct are compelled to pay too much for
It. Thus, are we being ground beneath
the upper and the neither mill stones
of monopoly. and the people are right
fully demanding relief
1t Is Legal.
One by one the props have been
knocked cut from under the arguments
set up by the men opposing the plan
for state Oil refinery which is pending
III the AanSaS the
cry OF socialism was set up, but it
didn't scare any one and was soon
dropped.
They have since been busy trying to
spread a feeling that the establishment
of a state refinery is unconstitutional.
Those who have not had the opportuai-
ty for the study of the legal phases pre-
sented of course have no means of in
diligently judging this question. The
mass of the people, however, are in IA
vor Of. the oil refinery and they believe
that the plan is feasible, and that it
presents a means for the people of Kan
sas to get out from under the tyranny
of the Standard Oil company.
Lawyers who have not taken occa-
sion to look up the legal phases OF. the
propositions presented in the establish
initial on the subject. Those who have
taken up the matter and who have
given it study and thought are of the
opinion that the establishment of the
refinery is perfectly constitutional. In
fact the belief that there are no un-
constitutional features to the measure
is now almost unanimous, and only the
few who are opposing the measure still
stick tenaciously to the scare talk of
'.unconstitutionality.
Major A. NJ. Harvey, formerly lieu
tenant governor, and one of the able
lawyers of Topeka, has looked up the
features Of the proposition which are
presented by the state refinery meas
ure, and he says that the legality and
constitutionality of the plan can not be
attacked. 1t is in his judgment
question of eXpediency. If the mem
bers of the legislature believe that the
situation warrants the esta bIishmeIlt
OF the refinery, he gives it as his opin-
ion that there can be no question as to
the constitutionality of the esta blish-
ment of the state refinery along the
lines provided for.
Major Harvey has given the State
Journal 4 very clear. concise and com
statement o.
position. Major Harvey says:
The constitution provides for the
establishment of a state penitentia~y
as one of the public institutions of the
state, and the construction put upon
this section has permitted the estab-
lishment of the reformatory at Hutch
inson. the reform school for boys at
Topeka, and the reform school for
girls at Beloit.
THE supreme court has sustained
this construction of the constitution.
tonal to esta blish branch peniten-
tiary.
IF the foregoing proposition is cor
rect then the improvements connected
with the branch penitentiary are pub
lie improvements, and the legislature
has the power under section 5, article
II of the constitution to contract 4
debt for the making of such public
imprOvemen ents. This section gives
definite power to contract debts for
public improvements.
1T can make no difference in this
case because the convicts to be held
at the branch penitentiary are to be
engaged in labor having to do with
the oil industry Convicts have been
employed to quarry stone. and put it
in shape for commercial purposes, to
mine coal and put it upon the market.
and to manufacture all kinds Of
articles of commerce including
wagons. farm machinery, boots and
shoes, harness. and binding twine.
PiT Ia no
should interfere with the business of
the Standard Oil company I can see
no reason why that fact alone should
dfscredit the nea sure"
Judson s. West of the law firm OF
Rossington. Smith & West, has
looked into the legal phases of
the proposition and he gives it as his
opinion that there can be no question
of uncOnstitutionality raised. Mr..
West says:
1T is true that the constitution pro-
hibits the state from being a party in
carrying on a work of internal i'm
the constitution itself provides for u
penitentiary. There is in the consti-
tuition no limit or restriction as to the
legislative power over the penitentiary
or the cOnvicts therein; and under the
authorities the legislature has, with
out question, full discretion to provide
for the Incarceration and employment
of convicts in any way it sees fit. so
long as neither cruel nor unusual
punishment is inflicted.
The legislature creates the crimes
act and provides the penalties for its
violation, and may even create courts
with power to try and sentence Grim
inals. Doubtless the original idea of
the constitution was to have one uni
versity at one place with several de-
partments- But the result has been
university at Lawrence, an agFicul-
tural college at Manhattan and nor
mai school at EmDOria, with branches
at Pittsburg and Hays City The su-
preme court has upheld the power of
the legislature to provide for the
Hutchinson reformatory and has also
upheld the power of the refOrmatory
hoard to transfer inmates to the state