The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-05-04
MAY BRANCH OUT
Senator Fitzpatrick Talks Of
State Brick Plant.
Would Have One With Oil Re-
finery at Peru.
WILL BE WORK TO DO.
Says That the Convicts Need Not
Be Idle.
State Refinery Necessary to
Fight on the Standard.
WILL BE WORK TO DO.

| Senator W. S. Fitzpatrick of Sedan,
author of the maximum oil freight
rate bill, and one of the leaders in the
fight on the Standard Oil company in
the last legislature, says that in addi-
ton to refining oil, the state may go
into the brick making business at the
new branch penitentiary at Peru.
1.-THE time may come" said Senator
Fitzpatrick, when it will seem advis-
able for the state to shut down its oil
refinery, temporarily at sleaSt. Under
such conditions, the convicts at Peru
can be given profitable employment in
making brick for the state institutions.
This idea. that we will have only fif-
teen convicts working at Peru is all
mistake. There will be something
there for the convicts to do.
Il consider that the chief value of
the state refinery will be as sort of
standing menace to the Standard OIL
Standard takes a notion it can under
sell the state refinery on crude oil If
it attempts to do this, I believe that
the state should simply grease the
machinery, let it lay idle, and set the
convicts to work making brick. There
are splendid deposits Of brick shale
there, and unlimited natural gas. 1t
is much more practicable to make
brick there than at Lansing. If the
Standard sets the price up again, start
up the refinery.
"Just think what a saving it means
to the people Of this state even if the
state oil refinery never makes a pint
of oil, provided it can force the Stand
ard to sell at a. cheaper price than the
state can operate its plant The state
will save the whole value of the plant
every year; it will be the most profit
able investment of $500, 600 the state
ever made in its whole history.
"Under the state refinery bill as it
t~~N.-
which prohibits the state from using
the branch penitentiary just as it
would any penitentiary. It can give
the convicts any kind of employment
It likes; the refinery is merely a Ger
tain form of employment which was
deemed satisfactory, and for which
special provision was made. But this
bill was for the erection of a branch
penitentiary."
How viii this be of any benefit to
the producers of oil?" was asked Of
Mr.. Fitzpatrick.
Il am one of the people who live in
the oil country" replied Mr.. FitZpat
rick, "and I will say that we are will
ing to take our chances on finding
market for our oil provided we can get
this refinery started. and give cheap
kerosene and gasoline to the people Of
the state. I think that things viii
work out al right for the producers.
THE state oil refinery is a very nee
essary part of this fight against the
Standard Oil trust. It viii enable the
state to know the exact conditions
which exist. 1t will give it a chance
to see that the maximum freight rate
bill, the anti-discrimination bill and the
other bills are enforced. The legislation
which was enacted last winter is only
a starter. We propose to keep this thing
up and give the state all the laws on
the subject it needs. If what we have
done is not enough, we will go further
I believe that there is a great future
for crude oil as a substitute for coal
Government tests show that three bar
rels of low grade crude oil is equiva-
lent to one ton of Kansas coal. The
use of this oil is practicable in furnaces
and it is likely to be generally adopted.
Nothing has been done to indicate
what the Standard Oil proposed to do
about the anti-discriminatiOn law and
common carrier law. I don't know
whether they will contest the enforce
ment of these laws. It is probably true
that if the Standard takes notion to
drive the independent Tefiners out of
business in this state, they can do it.
They have done it in other states by
cutting the price; they can probably do
it here. But the consumers of the state
will get the benefit of low prices"
Senator Fitzpatrick stated that he
/ had not yet decided what he would do
about taking hand in the trial of the
oil refinery case. He is being urged to
assist at the trial of this case.
Facts Are Agreed Upon.
AS was stated in Wednesdays State
Journal. the attorneys in the oil refine
ry case have agreed upon statement
Of facts. This statement of facts is as
follows:
TT is by the parties hereto agreed
/ that the following facts shall be con-
sidered by the court on the final or any
preliminary hearing of this cause with
the same effect as if they had been
/ duly and regularly proven by Compel
! ent testimony in the usual and regular
! mode of procedure, subject, however to
objection by either party on the ground
/ of incompetency, irrelevancy or imma-
teriality.
THAT on June 80, 1904, the state of
Kansas had a penitentiary in actual
use and operation at Lansing, near the
city of Leavenworth, on the eastern
I border OF the state. That on June 30
4 1904, as correctly and truthfully shown
1 by the last official report of the warden
of the Kansas state penitentiary there
were incarcerated in said penitentiary
! seven hundred and ninety-eight C9S)
prisoners sentenced by Kansas courts
and three hundred and eighty $500
prisoners sentenced by the courts of
Oklahoma, said Oklahoma prisoners be-
ing detained and cared for in the Kan
sas penitentiary by the state of Kansas
under contract with the authorities of
the territory of Oklahoma. That during
the two years ending July /, 1894 the
total number of prisoners received into
/ the penitentiary was nine hundred and
eighteen C91S) and the total number dis
charged eight hundred and twentv-
seven CPD. That the number of pris-
oners in custody on the Both day of
June. 1902, was one thousand and eigh-
| ty-nine 1,0S9). The number in custody
on the Both of June. 1904, was eleven
hundred and seventy-eight Q,178l.
THAT on said 30th day of June 1904
the fact was (and said last official re-
port so showed), that said penitentiarv
was complete in all its details and was
OF ample size and fully equipped to care
for all the prisoners then incarcerated
THAT on said 10th day of June Cas
correctly and truthfully shown bv said
last annual report) the said state Of
Kansas had at its said penitentiarv
ample and suitable means az e-,,,,i@I-
nent for all those prisoners confined