The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-04-24

tween them 1t is only when the wolves
fall out that the lamb is safe. Party
faction means party purity, so Kansas
has need of both the machine men and
the square dealers.
A dispatch from Jefferson City, Mo-, |
says: 1.-THE house engrossed the constl-
tutional amendment this morning to
submit to the voters the proposition OF
raising the salaries of members or the
legislature from So to SO per day
Yet the great state of Kansas, boast
ing always of her wealth and progress,
refused last year at the general cleo
from 50 to IS per day. A resolution was
passed at the last session to submit
the proposition of a raise in pay for the
legislators to the people at the next
general election.
The Kansas and Missouri legislatures
met at about the same the middle OF
last January. The Kansans adjourned
over month ago while the Missourlans
are still grinding away at their work
The Kansas legislature holds sessions
OF the same length go days. and IT'S
members receive the same pay as they
did in 1868 when the total wealth OF
the state was less than now appears
OF the tax roll of Shawnee county. This
state is standing still in this respect
II expects its legislature to care for the
needs of the state in the same time now
same pay. 1t is as though man run
ming a country store should attempt to
transact his business in the same way
and with the same force at the same
pay after his town has grown to
large city and his business has been Il
multiplied many times.
According to Walt Mason in the EN-
poria Gazette. Frank P. MacLennan OF
the Topeka State Journal and w. \. Il
Morgan of the Hutchinson News got
into a lot of trouble While in New York
this week in attendance at the meet !.
ings of the Associated Press and the
National Publishers Association. Walt /
jokingly declared that Mr.. MacLennan
bought a gold brick from a stranger
and cashed check for bogus bishop
and then raised a fuss at police head
quarters because he could not get his
money back at once. AS for Mr.. Nor /
gan, according to Mason, he bought
milk COW and got into a world OF trou- !
BILE while leading the animal down !
Broadway. He had to give bond for his /
appearance in court the next day. The (,
COW was taken to headquarters in |
patrol wagon.
The Hon. Mason pretends to commits !
crate the misfortunes OF his brethren in
the big city and concludes his joke with I
the following dig:
such doings as these are apt to give
New Workers the idea that the people (,
of Kansas are not to be trusted away
| ing because the Gazette has frequently
explained just how kanSans should
conduct themselves in New York, and
| has repeatedly warned them to beware
| OF benevolent bishops and other oily
! tOngued strangers.
The case of Frank o. Weis VS.. E. E.
| Stubblefield, treasurer of Montgomery
county, which has been filed in the
| district court of that county, is of par
| ticular interest as it affects the new
| tax law. 1t is also of interest to- all
| parsons in this state who own stock in
| foreign corporations as 1t is test
| case TO break the constitutionality of
| the law.
| During the session of the state legis-
| lature in 1907 a bill was passed which
made it compulsory for such stock
| holders to pay taxes on their holdings
| the same as If the concerns We're To-
| Gated in the same state which was
| benefited by the assessments.
The following year this law went
| into effect and many capitalists pro-
| tested. The taxes were paid, however.
| under compulsion and an agreement
| entered into among a number of such
stockholders whereby a suit should be
instituted. This suit is to be a sort of
test case and the decision finally
agreed upon will not only affect the
plaintiff in the case but all others in
terested.
In the petition just filed in this case,
| beside the claim of uncOnstitutionality
of the law, it is further claimed that
it doesn't permit of uniform taxation
and doesn't give equal rights to all
property holders in proportion to their
holdings. The petition comprises 16
single space typewriter pages and de-
tailed allegations are made.
In the petition of F. o. Weis VS.. E.
E. Stubblefield, as treasurer of Mont
gomery county, the board of county
commissioners, the city of Coffeyville
and the board of education of Coffey-
Vile, the plaintiff, who is a large
stakeholder. specifies his holdings. 1t
is alleged that the North Star Manu-
| featuring company is a corporation,
der and by the laws of the state of
Iowa, with capital stock of $3.50, 1000.
Furthermore this company is duly au-
thorized and empowered to carry on
and do business in the state of Kansas,
| possessing the requisite certificate,
duly issued by the secretary of state
of the state of Kansas. The plaintiff
for holdings in said company was as
SeSsed a sum aggregatlng $441, on
March /, 1908. 1t is further alleged
that this tax was and is illegal and
void, and that the plaintiff permitted
| this tar to be listed, not with the pur-
; pose of acknowledging any power or
; right in any way to tax but to avoid
threatened arrest and prosecution.
; 1t is also claimed in the petition that
by concert of action on the part of
the county assessor of Montgomery
1 county and his deputy assessors, there
was understanding (according to
the law in question:, arrived at be-
tween them that resident holders of
stock in foreign corporations, in said
n county should be required to pay
y taxes thereon. The assessing officers
e insisted on and universally enforced
e this ruling which was complied with
d under protest.