The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-03-25
Was That Old House Desks
Couldn't Be Sent to Lansing.
MAKES A DISCOVERY.
Balie Waggener Finds Loop
Hole in New Freight Law.
Judge Buckman's Troubles Over
Quotation SmOothed Out.


old house furniture to the state peni-
tentiary:
ST noticed from an item in the paper
few days ago that some CON
stitutional lawyer has discovered that
the house desks could not be sent over
to the penitentiary school because it
would take a law passed by the legis-
1ature to do that, and the only thing
that was done in the matter was to
pass concurrent resolution That
strikes me as very brilliant idea
that the state could not move furniture
that belongs to itself from one build
ing to another without a special act.
1t would seem to an ordinary lay
man that an order of the executive
council ought to be sufficient and GER
legislature is sufficient authority.
''I presume on the theory that when
the new memorial building is com
pleted that it will take special act
Of the legislature to authorize Sec
retary Martin to move the furniture
of the State Historical society from the
state capitol to the new building"
Senator GIenn's point appears to be
well taken. The constitutional law
YER above referred to should now
come forward and brief his case.
Bale Waggener comes forward and
declares, THAT the new maximum
freight law passed by the last legis-
lature gives the state board of rail-
road commissioners no authority to
adjust rates, makes it impossible for
the railroads to test the law without
violating it and then provides no pen
atty for it's violation
This law was drawn in the attor-
ney generals office, and when Mr..
Jackson's attention was called to Mr..
Waggener's criticism of the bills short
comings the latter declared that he
left the penalty provision out pur-
poseIy; that the penalty provided in
1 fI7o 11-ic nT
and that there were plenty of ways
for making a railroad company COM
ply with the law without providing
penalty. custer proceedings or
m anda mus for instance.
The new law gives the railroads no
chance to sidestep by the injunction
route while it does give the state the
opportunity to apply to the supreme
court for a writ of mandamus.
This new law is most important as IL
provides for a reduction of from five
to twenty per cent in the distance
tariff freight rates on practically
the tonnage in Kansas.
The Union Trust Co., of Atchison,
with 500, 900 capital, proposes to re-
organize at once as the Exchange
State bank on the same capital in or
der to take advantage of the new
guaranty law. Trust companies are
not allowed to participate in the
The trust company is on offshoot of
the Exchange National bank of Atch-
ison, run by Bale P. Waggener and
Ex-Governor w. J. Bailey, both in
building.
The national bankers of the state will
hold very important meeting in To-
peka on Friday of this week in order
to find out where they are at as re-
CARDS the new bank guaranty law.
The comptroller of the United States
treasury has held that national banks
are not eligible to enter he guaranty
protective association. Governor Stubbs
has succeeded in interesting President
Taft in the question SO far as to get
re-hearing in the matter of the comp
troller's decision and the governor and
Attorney General Jackson and ]. N
Dolley will go to Washington this week
to present their case. Until the result
of this conference is decided the ma
tional bankers will likely take no de-
cfsive steps, but it is expected that at
the Topeka meeting the matter will be
threshed over and committees appoint
ed to handle the matter
If the comptroller remains firm in his
decision to bar the national banks from
the benefits of the new law the plan to
form the organization of clearing
house association or the organization
of stock company to secure deposits
will likely be adopted. On the other
hand. if the govern1nent yields and
permits national banks to take part in
the Kansas scheme it now seems likely
that most of the banks will join the
association.
The relations between state and ma
tional banks of Kansas is rather strain
ed at this time and the question re-
quires adroit handling as both sides
have effective weapons in case war is
declared If the nationals were driven
to it they could by mandamus pro-
ceedings in the courts compel the state
officials to tax state banks as the Kan
Sas constitution provides and this tax
would be so heavy that it would drive
many of the state banks out of busi-
ness. The constitutional provision in re-
gard to the tax on state banks which
follows:
1.-The legislature shall provide for tax
ing the notes and bills discounted or
purchased, moneys loaned and other
property, effects or dues of every de-
scription (without deduction), of all
created, and of all bankers; so that all
property employed in banking shall al
WAYS bear a burden of taxation equal
to that imposed upon the property OF
individuals"
member of the last legislature. is
carrying the burden of others; suffer-
ing for a sin he did not commit. The
Judge is a scholarly gentleman, and in
presenting the watch to Speaker Dol
ley on behalf of the legislature, one
occasion to quote the following from
Omar Khayyam's Rubaiyat:
1.-THE moving finger writes. and having
writ moves on;