The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-04-11
KELLY HITS REFINERY.
His Attorneys Claim That the Law Is
Unconstitutional.

The firm of Gleed. Ware & GIeed,
representative State Treasurer Kelly,
fled an answer in h state oil refinery
case in the supreme court Monday
afternoon They contend tina the
law creating the branch penitentiary
and oil refinery is unconstitutional.
There seems to have been a mlsun-
d-erstanding about the employment of
Gleed, Ware & Gleed. Treasurer Kelly
was quoted in the morning papers as
saying that he knew nothing about
their employment, and neither Gov
anything about it. Both of the G1eeds
were out of town this morning, but
John L.. Hunt, who filed the answer in
the supreme court for the firm, stated
hat the misunderstanding had been
Strengthened out.
There seems to have been some
sort of a misunderstanding about it"
said Nj. Hun 1T is all right now.
though"
The filing of the answer was all
right then - he was asked.
Yes" he replied.
you represent both Jewett and
Kelly or just Kelly in the suit?" Mr..
Hunt was asked.
"Just Mr.. Kelly" he said.
The answer is to the mandamus
suit brought by the attorney general to
compel Warden Jewett and Treasurer
Kelly to sign the oil refinery bonds.
1t Is c~ontended that the law creating
h branch penitentiary and oil re-
hnery is void because it would be an
internal improvement; because only
one penitentiary is contemplated by
the constitution; because there is more
than one subject in the law, and be-
the appropriation is for longer
than two years. After the in
PRODUCTION the answer says.
This defendant further states that
there is nc power or authority in this
defendant or in said warden authoriz-
ing or empowering this defendant and
the said warden or either of them to
sign and execute the said pretended
bonds or to cause the same to be is
sued and sold or to cause the funds
arising from the sale of said pretend
ed to be applied nj used for
the benefit of said plaintiff as provided
for IN said pretended statute, except
as such power and authority may be
vested in this defendant and aid
warden by said pretended act of the
legislature; that said pretended act is
unconstitutional and void and vests
no such power and authority in this
defendant or in said warden for the
following reasons:
"Said act is in contravention of sec
tons 5 and s of article II of the con-
stitution of the state of Kansas in that
the debt thereby authorized to be Gre
ated and contracted and which viii be
evidenced by said pretended bonds
will be a public debt not contracted
LOT the p4IR pose u AAAE GALIdOI-
binary expenses or making public inn
provements; and that said pretended
act or law creating and authorizing
the creation of such debt was not first
submitted to a direct vote of the cleo
tors of the state at any general cleo
ton, nor was said law ever at any
time submitted to a vote of the cleo
tors of the state.
said act is in cOntraVentiOn of sec
ton 3 of article II of the constitution
of the state of Kansas in that it pro
vides for the construction by the state
of an oil refinery which is a work of
internal improvement within the
meaning of said section and the effect
of said act, If carried out. VIII be to
make the state a party in carrying on
a work of internal Improvement.
said act is in ~contravention of sec
ton 2 Of article Z IF the constitution
of the state of Kansas IN thai a peni
Tertiary a already been established
by the state and is now used by the
state at the city of Lansing, in the
county of Leavenworth and said act
provides for the establishment of a
second penitentiary, which is unau-
thorized and forbidden by said section
of the constitution.
said act is in contravention of sec
ton l6 of article 2 of the constitution
of the state of Kansas in that it con-
tains more than one subject and con-
tains subjects that r. not expressed
in its title.
said act is in contraventoin of sec
ton "a of article 2 of the constitution
of the state of Kansas in that it makes
an appropriation for a longer term
than two years"