The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-19
HITS JOINTISTS.
Bill to Legalizs Search and
Seizure Is Passed.
Goes Through Lower House
Without a Hitch.
CURES AN OLD DEFECT.
Judge Hazen Held That Present
Law Is Not Good.
New Primary Election Law Sees
the Light.
CURES AN OLD DEFECT.

Robert Stones curative bilT' for the
recent decision by Judge Hazen in the
search and seizure case was on We'd
nesday afternoon considered in the
committee of the whole house, and
showed through without material
amendment. 1t will probably be passed
by the senate. and then the city coun-
ell of Topeka can reenact its search
and seizure ordinance, and Chief Stahl
can continue to do business without the
Inconvenience of going out to the JUS
fice court in Oakland to bring his cases.
Judge Hazen held that the law gave
the city council no right to pass a
search and seizure ordinance. This is
the defect which the Stone bill cures.
Section of the bill says:
Where any city of either class shall
have provided by ordinance for the
seizure and destruction of gambling ia
bles and other gambling devices, intox-
fcating liquors and other property kept
and used for purposes prohibited by the
ordinances of such city, and has also
made provision for trial by the police
court of any claims of ownership or
right to possession of, or OF the right
TO destroy any property seized under
and by virtue of a warrant Issued Dy
the police judge, the remedy or RENE
dies provided by ordinance shall be held
to be exclusive. for the recovery Of pos
session, and in no case where Sucn
special remedy in police court is pro-
Fided, shall any claimant to such pro-
perty maintain an action in replevin for
the same, nor shall any court or oh1-
Ger issue a writ of replevin in such
case"
The only amendment made to the bill
as originally prepared was the extern
from p hours to 10 days.
The first real spirited debate in the
house this session occurred over the
Clark bill for the vacation of uniID-
proved property by the county commits
gfoners of the county where the propoS-
ed vacation is desired, instead of bring
ing the matter up to the legislature for
remedy. An effort was made to make
the bill include improved property as
well as unimproved.
''city crowd led by Judge Clark, W.
"A S. Bird of Shawnee, ALBANIAN of
Atchison and Seaver of Ellsworth and
the country crowd led by Lupfer of
Fawnee, and Stone of Shawnee.
The country crowd wanted it fixed so
that the county commissioners might
reach over into the corporate limits OF
q city and Vacate property, whether II
had houses on it or not, while the city
crowd thought that the county COM
nnissioners should have their authority
curtailed to unimprOved property which
is OF no special value 70 city Ine
country crowd urged that the object
of the BILL to relieve the legislature of
local legislation, would be only half &C
should be included, as it would still be
necessary to come to the legislature for
the vacation of improved real estate.
The question was well thraShed out
in committee of the whole, and result
ed in a victory for the city crowd The
test vote was 81 to Al. Mr.. Lupter made
an effort to get the bill referred back
to the house subject to amendment and
debate. but this was also thwarted by
the city crowd, who had it sent back
with the recommendation that it be
passed
W. P. Hackney, of Cowley, introduce
ed a primary election bill which con-
Jains some decidedly unique provisions
The voter must be a qualified voter
which in cities means a registered vO-
ter-and he must also come up to the
following standard of craftsmanship:
The bill provides that on the first
Tuesday in June 1905, and on the
first Tuesday in February of each odd
numbered year thereafter. the party
casting the most votes in the previous
election shall hold its election of a
county central committee, and that on
the next succeeding days, the other
parties, in the order of the votes cast
shall hold their elections of commit
tees. The committee shall meet and
elect its chairman on the seventh day
after election. The members who are
elected from the city precincts shall
also comprise the city central COM
1nfttee.
All the primary elections shall be
held on the same day, and the polls
shall be open from to 4 o'clock in
the afternoon Each committeeman
shall be the supervisor for his pre-
cinct. and the chairman shall appoint
a Judge and clerk for each precinct.
The chairmen OF, the various county
commissioners in each congressional
district shall comprise the congress
siona1 committee, and the chairman,
vice chairman and secretary of the
congressional committees shall COM
prise the state committee. The dele
gates to the state and congressional
conventions shall be elected by county
delegate conventions. The bill also
provides the method of contesting an