The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1905-06-02
UPROLDS OIL REFINERY Law
ATTORNEY GENERALS BRIEF
IN KANSAS OIL CASE.
Contends That 1t Is Legislatures
Province to Decide States Need
Question Of Convict Labor
Also Discussed.


c c. Coleman, attorney general OF
Kansas, has Just finished his brief IN
the oil refinery case.
In Il he contends that the lay es-
tablishfng the refinery Is valid and
that the bonds TO pay for the plant
should be issued BY I T Kelly state
treasurer, and E B. JeWett, warden
OF the peRttentiary- The case grew
urer and the warden 10 issue the
bonds out OF the proceeds Of which
the refinery was TO be established.
The attorney general has asked that
the supreme court compel them to
comply with the provisions Of tbs
In the brief Mr.. Coleman recites
the history Of the case and gives the
substance Of the answer fled by the
attorneys for the treasurer and war
den
He asserts that the attorneys for the
treasurer and warden have admitted
that the law was properly passed and
that the bonds were properly prepared
Mr.. Coleman contends that the de-
Tense that the present penitentiary IS
ample for the needs Of the state, that
the new institution would give en-
plOyment to only a few cOnTicts, that
the means proposed are not appTOpri-
ate or proper, and that the legislature
resorted to subteTfuge to hide an IL
legal purpose, which have been set up
by the attorneys for the treasurer and
the MdEQenf are not SuHlClG4lL EGdSOAl1
on which TO base a refusal to comply
with the law. Continuing, the RttOr-
ney general says:
The determination as to what the
needs Of the state are. IN the cary
ing on Of its public purposes, Is not a
judicial question. 1t Is not a field into
which the courts can enter. It Is
the exclusive domain Of the legisla-
tive branch OF the state government"
The attorney general cites a num-
rrT
court is not required BY the Constitu-
ton to read into the statute a mean
Ing not written there BY the law
makers. He also asserts that the
enactment for what it declares 1t
means The brief holds that the es-
Enlistment Of penal, educational and
charitable Institutions and their man
agement are wholly in the hands Of
the legislature and that it is not for
the courts to say whether or not the
action Of the legislature has been
taken properly
The decision OF the supreme court
in the case brought 70 test the cOnsti-
utiOnality Of the extra session Of the
legislature called by Governor Leedy
Is quoted In that case the court held
that IL would be unseemly and unpre-
cedented for the court to inquire into
the motives OF the governor in calling
the legislature together.
1T is plain that there rs a present
need" the brief continues, "Of better
and more improved facilities for
handling and caring for the states
prisoners The evidence OF Mr. Jew
EFT disclOSeS that the prison contains
500 prisoners from Kansas and about
400 from Oklahoma with a constant
" growing population from both
fields, that in order TO safely house.
guard and keep them, at least 800 Of
them and often more, must be COM
PEELED to sleep two in a, cell seven feet
by four and One-half feet in size. It
further appears that from $50 to 200
OF the present cOnvlctS can only be
kept employed by hiring them out to
manufacturing concerns"
The attorney general tnumateS that
the branch penitentiary at Peru IS just
a beginning and that employment for
the other surplus cOnvicts will be
found by the legislature at future
sessions. He mentions brick making
cement making and tile manufactur-
ing as some OF the trades which may
be undertaken by the state in branch
Denitentiaries.
Discussing the point Of giving en-
pigment to the cOnvicts in the non
itSntiary' Mr.. COlman further says:
Suppose it (the law does require
the employment Of machinery and
produce on the market an article OF
trade and commerce So well any
other useful pursuit in which the IN
fOrtunates are employed. Suppose it
does require some skilled labor? The
better qualified viii these men be when
compelled to turn to citizenship and
useful lives. And surely that is far
more important to the state than any
corporation or monopoly shall have
under its single sway the wkOle IN
divided industry Of producing oil"