The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1905-07-14
OIL REFINERY Law is INVALID
KNOCKED OUT BY DECISION OF
STATE SUPREME COURT.
The State May Not Garry on Works
OF Internal Improvement, Is the
Argument.

| Greene today cOncurreu IN BY the en-
tire court, declared that the law pass
/ ed last winter establishing an indie
| pendent oil refinery in Peru is un-
| constitutional
! The decision is based on section 8
/ Of article II, which is as follows
The state shall never be a party in
| carrying on any works OF internal i'm
/ prOyement."
The court holds that the institution
/ would be an internal Improvement
and not a state penitentiary. Public
/ policy demands that the state shall
not enter into competition with pri-
vate individuals. The court holds
that the refinery would compete with
private interests. The states conten-
ton was that the institution would
be a branch penitentiaTy and as such
could be built by the state with state
funds
In the Interpretation Of an ambig-
uOus statute courts should examine it
in the light OF the history OF its en-
actment as disclosed by the journals
Of the legislature, the contemporary
history Of the conditions AMI situa-
tons Of the people, the economic and
sOcioIOgic policy Of the state, its con-
stitutiOn and laws, and all other mat
tiers Of common knowledge within the
limit OF their 1ur1Sd1cuOn-
The construction, operation and
maintenance Of an oil refinery for the
purpose Of receiving, manufacturing,
storing and handling crude and re-
fined oil and its by-prOducts, and the
marketing Of the same, constitute a
work Of internal Improvement
Senate bill No. 80 Claws 1905, CHI
47s), is an act apprOpriating money
for works Of internal Improvement
It contravenes section s OF article II
Of the constitution and hence Is
void"
After stating the case fully, Justice
Greene discusses the right of the
court, in constituting a statue, to make
use Of its familiarity with the history
and condition Of the people at the
time Of the passage OF the law. In
view OF the fact Of the only hope Of
the supporters Of the refinery scheme
that the bill would be held valid was
based upon the claim that the court
would not take into consideration the
true object and aims Of such legisla-
ton, the court discusses fully the fact
that many Of these conditions are
matters Of judicial notice. and cites
and quotes much authority.
It states that the real reason for
the measure and the circumstances
surrounding the inception Of the plan,
together with the public discussion
Of the matter must be taken into con-
sideratiOn-
The opinion continues:
"In common with all other well in
formed persons, this court knows of
the great quantities Of crude oil that
were discovered in a part Of the state;
the rapid development Of this field Of
industry; the general public COM
plant that a particular corporation
was unjustly manipulating the mar
ket Of this product so that the pro-
Queer was being deprived of what
rightfUlly belonged to him; that
public demand was made upon the
legislature Of 1905 to enact some law
which would protect the producer
from the further encroachments Of
this corporation upon his rights
Was a Popular Demand
The executive sustains a more di-
rect and intimate relation to the peO-
pie than any other official He knows
and understands the coalitions, de-
sires, aspirations and aims of each
community. The bill in question hav-
ing originated, as expressed in the
message, in a popular demand for re-
lief against a powerful commercial
combatant,' against which the indivi-
dual was unable to cope, it met the
hearty and enthusiastic approval Of
the governor, not as an apprOpria-
ton to build a branch penitentiary,
but as an appropriation for the con-
structiOn and operation Of an oil re-
1nery; and inasmuch as no reference
is made to the branch penitentiary,
it may be said that the governor did
not understand that there we're any
IL
contemplated the building Of a branch
Of the state penitentiary-"
Not a Branch Penitentiary.
IF as contended- the state the
object Of the bill is the construction
Of a branch penitentiary, it seems
strange that the governor in approx
ing it should feel called upon to say
that il is such a radical departure
from governmental precedent that IT
seems wise to put upon the records
clear statement Of the provOcatiOn
and the purpose Of this undertaking
that our action is clearly defined and
thoroughly understood at home and
abroad The construction of penal
institutions is not a radical departure
from governmental precedent. The
'provocation' for maintaining such in
stitudons is known to all persons
A Scarecrow OF the Law.
Besides what interests have the
people abroad on the subject Of our
penal institutions that for their bene-
| nj our action should be clearly de-
fined The indictment Of the Stand
] ard Oil company is no doubt true and
/ the prOTOcatiOn was very great but
we must not make a scarecrOw Of the
| law The consideration Of the bill in
/ the light Of public conditions under
which IL was conceived, the title un-
der which IL was introduced in the
| senate. the bill Itself and its reference
L By the senate TO its committee on oil
and gas. instead OF its committee on
/ penal Institutions. the passage OF the
/ bill by the senate under its original
Il title the purpose OF the bill and the
reasons for its passage as expressed
/ by the governor IN his special mes
/ sage Of approval, leave no doubt in
our minds that the object Of the bill
IS to secure a site wherein the state
/ should construct, operate and main
| tain an oil refinery and that in 50
far as the warden and the board OF
/ directors Of the state penitentiary
might think It advisable they could
| employ in the construction OF the
I building and maintaining and Oper-
sting the refinery inmates Of the state
! penitsutiary, and for this reason pro-
visions were made for housing feed
ing. guarding and overseeing such