The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-26
OPPOSED |. AND R.

stitute for a real initiative and refer
endum. In its provisions the measure
is neither weak nor strong. 1t is a
straight compromise and has trade
marks all over it.
In the first place the measure pro-
videS that state laws and constitution
al amendments submitted to the voters
at an election would not be subject to
any municipal laws concerning which
the voters might decide to make
changes, would be subject to the re-
view of the courts. Thus, 1t is ex-
Pittsburg might-contrary to the con-
stitution-vote for local option and
wide open saloons. Without the court
review provision, the supreme court
might take the constitution and climb
in a we'll so far as it had ability to in
terfere in making that election con-
form to the provisions of the law and
constitution. That proposition seemed
fairly settled and harmony prevailed.
So the court review clause was made
effective in municipal elections.
Can't Review State Laws.
Then the committee took up the lit
tie matter of state laws initiated by
the people and constitutional amend
ments which they might decide to re-
view at their leisure. On these mat
tiers, the conference committee held,
the people might make any decision
they chose and it was none of the
courts business. For instance, Leav-
enworth couldn't vote for local option
under the conference committee re-
port for the simple reason that the
courts could declare the election I'M
constitutional. But if the voters of the
entire state voted to amend the con-
stitution to dfsfranchise the women or
the negroes or to wipe any one or
all of the prohibitory provisions from
the statute books, then the hands of
the courts were tied and they were
eStopped from interfering and holding
the election void.
And so, with that provision written in
the conference committees report, the
Republican house members held a con-
ference. Almost at the same time, the
Democrats held a conference. At the
Democratic caucus, the I. and r. was
accepted as admittedly lame and halt, but
it was a platform plank and the admin
istration crowd decided to give it almost
unanimous support. The decision of the
They called on the heavens to witness
that never in a thousand years would
they vote to let the people sh1pwreck the
state and government and throw the con-
stitution to the four winds unless there
was some method whereby the court
suit of this discussion. every Republican
house member was pledged to vote
against the conference report.
It is too late in the session to put across
another initiative and referendum resolu-
tior, or even to name a new conference
committee and secure compromise that
lature. A two-tairds vote is necessary to
put he measure across. The Democrats
do not control that amount of strength.
SO they will return home next week with
th-.s one pledge unredeemed-
\ II an all afternoon discussion the
house by vote of 70 to n passed the
mortgage registration tax bill and made
good another promise written in the 1872
platform. The measure adopted in the
house is not the same as the one which
was passed in the senate, but it is be-
heved that a conference committee will
ferences.
Tax experts disagreed as to the things
this new law will do to or for Kansas
Some of the members believed it would
add 100000 revenue to the state. And
there were others who vowed by all that