The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-07
NO KANSAS OIL REFINERY
Continued from Page one.)

enacted into laws, and frequently the
policy OF such legislation is the subject
of much public discussion, both before
and at the time of it's enactment. In
constituting it courts may not shut their
eyes to these public discussions. They
are proper matters of consideration in
determining the legislative intent and
should be considered for that purpose
in the construction of an act growing
out of such discussion.
I'm common with all other well in
formed persons, this court knows of the
great quantities of crude oil that were
discovered in part of the state; the
rapid development of this field of in
dustry; the general public complaint
that particular corporation was I'M
justly manipulating the market of this
product so that the producer was being
deprived of what rightfully belonged
to him. that a public demand was
made upon the legislature of 1905 tS
enact some law which would protect
the producer from the further encroach-
ments of this corporation upon his
rights
Used Hoch's Message.
The executive sustains a more direct
and intimate relation to the people
than any other official. He knows and
understands the conditions, desires,
aspirations and aims of each commu-
nifty. The bill in question having
originated, as expressed in the mes
sage, IN a popular Q9n1dHQ lot T0H0I
against a powerful commercial COM
Blatant" against which the individual
was unable to cope, it met the hearty
and enthusiastic approval of the gov
ernOr, not as an appropriation to build
a branch penitentiary, but as an ap-
preparation for the construction and
operation of an oil refinery; and, in
aSmuch as no reference is made to tn e
branch penitentiary, it may be said
that the governor did not understand
hot mr. ~ ne
bill which seriously contemplated the
building of branch of the state peni-
tertiary. The governor discloseS- his
apprehension of the constitutionality
feasibility of the many plans which
had been suggested for the repression
of the greed of this "rapacious corpor-
ation,'' with his own, which was to ap-
refinery at Lansing. He said: 81 be-
lieve that the expenditure of that sum
for the establishment of an expert
mental refinery at Lansing would have
eliminated the constitutional question
and subserved all the possible pur-
poses to be Subserved by the larger
appropriation"
This constitutional provision is a
limitation placed by the people in their
paramount law upon the power of the
legislature, preventing it from divert
ing the energies of the state from pub
lie and governmental functions into
private and business enterprises No
circumstances can arise which will
justify its violation by any govern
mental department. 1t is a protection
against a particular class of i'll advised
or rash legislation, resulting from a
distempered public spirit which re-
quires only cooling time for its proper
adjustment.
Real Object of the Bill.
If as contended by the state the OBJ
ject of the bill is the construction of a
branch penitentiary, it seems strange
that the governor in approving it should
feel called upon to say that it is, such
radical departure from governmental
precedent that it seems wise to put
upon the records a clear statement of
the provocation and the purpose OF this