The Globe-republican., 1910-03-10
MANY LAWS INVALID.
Supreme Court May Declare Them
Unconstitutional.

lOpeha.-lJ lS eSClIudteu ny HlbH
judicial authority that at least go per
cent Of the laws passed at the 1907
session, and 10 per cent Of the laws
passed at the 1909 session Of the Kan
sas legislature, are invalid. The only
reason they have not been knocked
out by the courts is that they have
never been attacked
This startling information came out
during discussion about the power
of the courts to declare laws uncon.
stitutional. Some of the reform states
men recently declared that no court
should ever be allowed to declare a
law unconstitutional. In a recent
newspaper article, William Allen
White declared that the action of the
legislature itself ought to be "prima
facie evidence" of the constitutional
ity Of law He also wondered where
the courts got their authority to de-
clare legislative acts unconstitutional.
Now 1t so happens that the people
Of Kansas by constitutional amend
ment adopted in 1905, gave the Kan
sas supreme court that specific au-
thority in all local legislation. The or
iginal constitution declared that the
legislature should not pass any local
law where a general law would apply.
Notwithstanding this provision, the
legislature went ahead and filled up
the session law books with local laws,
never paying any attention as to
whether the same subject matter
could be covered in a general law. The
supreme court was inclined to take
the legislatures word for it. Finally
the people got tired of senolng leg
islature to Topeka only to burden the
law books with a lot of local laws,
such as bridge bills, township bond
deals, changing the names of persons,
etc
Judge Ansel r. Clark, representative
from Rice county, saw the unrest of
the people and he forced resolution
through the 1905 legislature to change
the constitution in that respect. His
amendment made 1t the duty OF the
supreme court to judge whether
piece Of local legislation could be GOV
cred by general law and to declare
it unconstitutional If general law
could or would apply. The people,
usually slow to change the constitu-
ton, adopted the Clark amendment by
an overwhelming majority at the 1906
election.
When the legislature met in 1907 II
proceeded to ignore the new amend.
ment completely. 1t passed just
many local laws as any preceding leg.
islature, perhaps more. The 1907 ses-
sion law book was almost as large as
an unabridged dictionary,
1t so happened that the validity OF
several Of the local laws which it con-
tanned were attacked and the supreme
court knocked them galley west as
fast as 1t reached them. Members of
the legislature then found that the su.
preme court proposed to live up to
the spirit and letter OF the new con.
stitutional amendment, so they didn't
fool the legislature with SO many local
bills. Still it is estimated that ten per
cent Of the laws enacted at the last
session are unconstitutional and will
be so declared If the courts ever get
a whack at them. But the great Of
fense was committed in 1907, the first
session after the constitutional amend
ment was adopted. At least 60 pei
cent of the laws of that session are
bad and only remain effective now be-
cause their constitutionality has not
been questioned in the courts.