The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-28
Refuses to Pass the: House Con.
current Resolution.
TALK OF BANK BILLS.
Senator Waggener Questions Va
lidity OF Proposed Measure.
Upper House Passes Bill Aimed
at Magnetic Healers.

Adonoay afternoon on reconvening after
It's adjournment over Saturday and
sunday was to non-concur in house con-
current resolution No. 6. providing for
the nnal adjournment of the Legislature
at noon on Saturday. February l.
Ii was objected that it was too early
to take such action, in view of the many
bills Of Importance remaining to be !
acted upon, which include those cover
ing the very subjects for which this
extraordinary session was convened by
the governor. Such a resolution can
be adopted at any time, within twenty
minutes said Senator Noftzger. eve
are here to do business and we should
do it. no matter how long it takes
And the senator is among those anxious
to conclude the business of the session
at the earliest date possible
There seemed to be a settled belief
yesterday that an adjournment on Sat
urday would be almost out of the uues-
ton and while some were disposed to
think all the work might be gotten out
of the way by the middle of next week.
others anticipated that the end of the
week at the earliest would find the
slate wiped clean.
The senate held a night session to
attend to routine business and dispose
Of bills coming under general orders,
"
| had the calendar pretty well cleared.
Even meeting as late as p. M, the
| first session of the day saw much
| progress in the disposition of motions,
| resolutions and bills On third reading.
| Senator Waggener introduced reso-
| luton asking an opinion from the at
| torney general on the constitutionality
| of all the banking measures now pend
| ing Following is the resolution:
Whereas, Various bills are now
1 no nd inc h6f "a no ha
question and principle of guaranteeing
1 the deposits in banks and trust COM
panies. organized under the laws of
! this state, and it Is of the greatest i'm
portance that no mistake be made with
!, reference thereto, therefore be it
| Resolved, That the attorney general
/ of the state of Kansas be requested, at
his earliest convenience, to give to the
/ senate his written opinion upon the fol-
lowing questions:
ssFirst-Has the legislature the con-
| stitutiona1 power to levy, or cause to
be levied, a contribution, assessment,
or tax, by whatever name 1t may be
called. upon the capital stock or de-
posits of any one bank or trust COM
| pany to pay the depositors in any other
| bank or trust company, in event OF its
| suspension?
sSecond-Has the legislature the con-
stitutional powers to delegate to or vest
! in the state bank commissioner or other
| administrative officer or board, the
| power, under any circumstances. to de-
terrnine the amount of contribution or
| assessment to be made against the cap
| ital of any bank or trust company for
| the purpose of raising a fund with
| which to pay the depositors in some
| suspended bank or trust company, the
amount of any depositor's loss by rea-
tson of any suspension or failure?
"Third-If the bank commissioner
| should be vested with such power, mas
the legislature the constitutional power
| off
| force payment of such contribution or
assessment so made by such bank COM
missioner?
any constitutional power, directly or
| indirectly to guaranty the deposits OF
any bank or trust company, by 1t
created?
"Fifth-In view of Sec. 2, Art IL
of the constitution of the state, mas
| the legislature any power to tax
state. bank or trust company In any
| other manner than that prescribed by
that section of the constitution, and is
not every act of the legislature, tax
| ing such banks and trust companies
| in any other manner than therein
provided, null and void?
Resolved: That certified copy OF
this resolution be forthwith delivered
to the attorney general
| bills provide that the banks shall
| come in voluntarily and there is no
question of compulsion about it, the
whole matter could be settled in.
word, without any opinion from the
attorney general.
"It can do no HARM" said Wag-
gener.
Eyes, and it can do no good" re-
piled Young.
s'It is not information that the sem
ate wants." Stewart remarked, but the
resolution was adopted.
Later on in the afternoon session
stewart introduced this resolution.
which was also adopted:
Whereas. Various bills are now
pending before the senate. involving
the question and principle of guar
antying the deposits in banks and
| trust companies, organized under the
| laws of this state. and it is OF the
greatest Importance that no mistake
/ be made with reference thereto.
/ Therefore be it
Resolved. That the attorney gem
eral of the state of Kansas, be re-
ouested, at his earliest convenience.
to give to the senate his written opin-
I ion upon the following question:
HAS the legislature the constitu-
tional power to enable state bank.
organized under the general banking
| laws of Kansas, by resolution of its
| stockholders and directors to parti-.
cipate in mutual guaranty of all
deposits in the state banks of Kansas.
| and would such resolution be bind
| ing on such state banks mutually and
voluntarily participating IN sucn
guaranty.
"Resolved That certified copy of
| this resolution be forthwith delivered
to the attorney general"
The senatorial back was inclined to