The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-18
over THE SHOALS
Land Forfeiture Bill Passes
Senate Committee Of Whole.
f, DumOnt Smith Tries in Vain
for Amendment.
YOUNG THE CHAMPION.
W orsts Brilliant Edwards Sena-
tor in Debate.
Bachelor Senators Get Passes TO
Floor for "Sisters."

Consideration of the western school
lands forfeiture bill, which was lntro-
duced by Senator Buschow, was 'he
first matter of Importance to occupy
the attention of the senate today. II
was a special order in general orders
and after the usual routine pusln 80
had been transacted committee OF llle
whole was formed to consider II Win
Senator E. F. Porter, of Montgomery,
in the chair.
There we're no important amend
ments offered to the first section of the
bill. But when the second section was
read Senator Smith introduced an
amendment in the form of new second
section. Senator Smith declared tha1
sections two and three of the Dill III
validated the measure. His amendmcht
he said would correct 80 per cent OF the
forfeitures.
A brief on this bill was placed on
the desks of all the senators. 1t was
prepared for those who are back of the
measure, by Frank DoSter ana L. T
Carver, and in it was this statement;
''In our opinion this bill contains noih
ing that is not clearly within the ies-
islative powers and provides the pSst
way in which adequate relief to these
settlers can be given by law"
Senator Smith made long legal ar
gument in support of his amendment
He was answered by Senator 4ourS,
who had taken charge of the bill on the
floor. Senator Young doubted the pro-
priety of the amendment onered py
Senator Smith. He said that the sec
tion as it stood in the bill had been
most carefully considered and that 1t
should not be changed by an amend
ment such as was offered by Senator
Smith, because this amendment had
not been considered as carefully as the
original section had.
Senator Young expressed the opinion
that the section as it stood was per-
fectly valid and he offered as an amend
ment an addition to the section which
he said covered the important objection
raised by Senator Smith. Senator
Young afterwards withdrew the amend |
ment he offered
A long legal and technical argument |
followed on the merits Of the section |
and the amendments. 1t was the opin- |
ion of Senator Getty that the differ |
ences over the validity of the second |
section of the bill was one of opinion |
between two classes of lawyers. His /
C~vn Judgment as a legal proposition /
wa against section but he did not |
consider himself infallible on questions
of law and he proposed to vote for the |
bill as it was drawn by the eminent /
lawyers who had been engaged by those |
promoting the measure.
Senator Fitzpatrick was opposed to |
the measure but said that if the bill |
VS. passed the amendment offered by |
Senator SnOulQ take the pldCG /
OF the second section of the bill. He |
did not see why the legislature had a |
right Ito butt I'M on proposition over |
the validity of property rights. This |
was a question that the courts alone |
should determine
Senators Porter of Montgomery,
Simons, Noftzger, Smith and Young in |
dulged in a further discussion of the |
original second section and the Smith |
amendment.
After the discussion of an hour and /
half a vote was taken on the Smith |
amendment and 1t was lost by an over |
whelming majority.
Senator Smith moved that the COM /
mittee of the whole rise and ask leave |
to sit again on the measure. This mo-
tion was lost and the consideration of /
the bill was proceeded with. All the /
sections of the bill were then read. No |
amendments were offered to these sec |
tions and on a motion of Senator Young |
which prevailed, the committee of the |
whole decided to report the bill to the |
senate with the recommendation that |
1t be passed.
Senator Porter, of Crawford, who
was chairman of the committee of the |
whole, reported the action of the COM
mittee and the senate adopted the re-
port.
The bill will probably come up for
final passage some time this afternoon,
and it will undoubtedly pass.
Senator Young handled the fight for
the bill in a skillful manner and al
though there was lots of debate on
the proposition there was never any
doubt after the first skirmish that
the senators would act favorably on
the bill.
For the committee on cities of the
second and third class, Senator Quincy
reported the bill introduced by Sena-
tor Simons regarding the filing of
vacancies in councils in cities of the
second class with the recommendation
from the committee that the bill be
not passed. This bill proposed to per.
init the remaining members in a
council of city of the second class tc
fill any vacancies in the council bv a
majority vote. Senator Quincy's com
mittee thought that the present svs-
tenn of holding special elections for
vacancies in councils is far preferable
to the plan proposed.
This committee also reported favor
ably on a bill making some minor
amendments to the laws regarding the
sewerage systems in cities of the third
class.
Senator Porter, of Montgomerv.
called up his joint resolution request
Ing the board of railroad commission
ers to investigate and report to the
senate on the cost of passenger trans
portation in order that the members
of the legislature may act iSteIlfgentlv
on the measures pending relating to |
the reduction of passenger fares.
Senator Tucker suggested that a /
time be specified in the resolution
within which the railroad commission
ers shall report.
A point OF order was raised by SEN
atoT Smith that the resolution was
properly a concurrent one and not a
joiAt resolution
II "'as decided to send the resolution