The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-18
ton. This is true in both federal and
state legislation.

ton. This is true in both federal and
state legislation.
Dawson Misguided Federal Law.
1.-The Mahin law does not compel the
mon carrier to make public the name OF
the Upper, the consignee or the contents
of the shipment in the first instance. l.
provides that before the consignee can
receive an illegal shipment. he must make
the fact public by signing a written state
ment giving out this information which is
finally made part of the record of the
county clerks office. When the con-
signee has given out this information. he
is not in position to complain because ii is
made public. There is nothing in the fed.
eraI law that prohibits any one from CIV
ing out Information except the common
carrier and its agents-nothing which
prohibits officer of the state or county
from doing so. The law exempts such
persons. It reads:
a. Nothing in this act shall be construed
to prevent the giving of such information
in response to any legal process issued
or agent of the government of the United
States or of any state or territory, in the
exercise of his powers, or to any officer
or other duly authorized person seeking
such information for the prosecution of
persons charged with or suspected Of
crime
: he Mahin bill makes the county clerk
a part of the legal machinery of the
state for the purpose of furnishing evil
ficer of the state acting in the exercise
of his powers which are conferred upon
MIN by the Mahin bill. He is exempt
from the operation of the federal law by
reason of being an officer of the state
and by reason of being empowered by the
laws of the state to collect the evidence
June 1S 1910. being a penal statute, can
not be extended beyond its express terms
by construction but must be strictly con-
strued.
Dawson Author of Section 9.
1.-THE attorney general quotes sectlcn
nine of the Mahin law as being the part
which brings it within the terms OF the
federal statute of 1910 and thereby de-
stroys the effect and purpose of the Kan
sas law. When the Kansas law was
written and when it passed the senate, II
did not contain section nine but that sec
ton placed in the law, as l have
been informed by members of the mouse,
The bill as amended passed the house thu
last night before it ceased considering
bills and came over to the senate the day
that that body ceased considering bills
and too late for a conference committee, |
so the senate had to concur In the house |
or let the bill die. The SEN
house. 1 do not believe, however, that
section nine of the bill has any erect |
whatever as the Kansas law SO far as 1t
affected interstate shipments would nave |
to be construed in harmony with the eX-
sting federal law. / am aware or the |
fact that express companies caused 1t 70 |
be published in the daily press of the |
state at the time that section nine was IN |
serted that it was joker which de-
stroyed the effect of the bill. 1 am certain |
t was not put in for the purpose ana thstt |
such not its effect
II am afraid that the advice of the at |
.ornev general was wrong and that if the |
county clerks follow his instructions. they |
will get into serious trouble for violating
he provisions of the Kansas law. Or |
course if the Webb law should be de-
,lared unconstitutional, the provisions OF |
The Kansas law which affect interstate
shipments, would be unconstitutional
also as congress alone has power 10 Tegu
ta
alton by delegating such power TO tne
different states as is proposed under the
erms of the Webb bill
Dawson Stands Pat.
When shown a copy of the state
ment by Senator Mahin today, Attor-
ney General Dawson declined to yield
from his former opinion and while het
admitted that he was the author to
section 9 of the Mahin BILL, urges that
It is the saving clause of the Kansas
aw in event the Webb bill is declared /
unconstitutional.
II have great respect for Senator
Mahin'S talent as a lawyer" said At
.orney General Dawson, but my opin-
on to the county clerks is based on
he combined wisdom of IS county at
.orneys and several other lawyers who
conferred on the law and who are
anxious that Senator Mahin's very
law shall not get knocked
put of the box in the federal courts.
am the author of section 8. 1t is
not a joker, but intended to save the
Mahin bill in the event that the Webb |
bill is held unconstitutional as Presi-
dent Taft, Attorney General Wicker
sham and Senator Root declared 1t to
be. Senator Mahin comedies that his
bill will be unconStitutional if the
Webb bill is unconstitutional. / don't.
think we can uphold the Mahin bill |
no matter what happens to the Webb
BILL