The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
IN SENATE mill"
Danger Ahead for School Book
Publication.
Waggener Fears tt May Be
Unconstitutional.
CITIES MUST BE CLEAN
MUST BE CLEAN
NighSWOnger Provides Rules
for Kansas Towns.
Other Items of Interest in
Upper House.

A serious problem faces the final
passage and effect of the bill providing
for school book publication by the state
which has been acted upon favorably
by both branches of the legislature. 1t
is the opinion of Bale Waggener, SEN
ator from Atchison, that there is a
possibility of the law being declared
unconstitutional, and through an
emergency action fathered by him in
the senate late Monday afternoon he
pushed through to third reading Dill
giving the supreme court power to act
Immediately on the legality OF the text
book publication measure.
On the theory that the state of KAN
sas cannot engage In competition with
individuals and that the famous oil re-
Sinery case supports the objection to
the school book bill. Senator Wagon
er has forced the measure up to the
supreme court for opinion. It Is hoped
that this opinion will be sent back to
the senate in a few days and that the
legislature can take the right step in
passing the bill and preparing to pub
fish state school books
In the refinery case the court neld
that It was the purpose of the Kansas
constitution to protect and encourage
individual enterprises and that II the
state wished to refine oil 1t would nave
TO adopt a new constitution.
Senator Waggener furthermore fears
that the state Irvine plant would be in
cluded under the court decision.
The publication of school books is
a platform measure OF the administra-
ton and the Waggener constitutional
scare has sent a wave Of worry over
both branches of the legislature.
A bin providing for cleanliness in
cities of the first class in Kansas has
been introduced in the senate by Frank
NiRhswonger, senator from Sedgwick
county Senator NighswonEer would
declare the month of April standard
time set for the cleaning up OF the
cities Of the state.
Furthermore he provides for ordi-
I1ances requiring every residence own
er to build trash burners TO be used
for the collection and burning of all
waste, paper and rubbish of all kinds.
These burners must be built OF iron,
steel. brick, rock cement
In his cleanliness bill, Senator highs
wonger also fixes a heavy penalty for
tire punishment of business men who
allow trash and waste materials to be
thrown in alleys OF allowed to collect
in spaces behind their store buildings.
Kansas always has frowned on the
man who held two public offices at the
same time-but Senator Mcmillan, of
Ottawa county, has drawn up a DILL
which was introduced late Monday af-
ternoon prohibiting a public officer
from holding two positions with remun- |
Grafton at the same time.
Hereafter If measure offered by |
Senator Nfghswonger, of Sedgwick, |
passes all city appraisers must be resi-
dents of the cities. own real estate !
there, have no relatives in city office !
either directly or indirectly and must |
have their Jobs limited to ninety days. |
The bill is introduced for the purpose |
of doing away with discrimination ON |
the part Of appraisers of property |
values.
Here is one reason that the statute |
books will not be overloaded with new |
laws after this session Of the legis- !
lature-seventy-five per cent Of the |
bills introduced in the senate are re-
ferred to the judiciary commute un-
der the Craftsmanship of Bale Wag- i,
z,euer. Senator Waggener has killed |
more bills than the guillotine manipu-
Iators Of the French revolution cut /
necks.
account of a bill introduced by Sena- |
tor waggener, it is apparent that the |
DAYS of blood and marriage patron
ship in public Office are past. The
Atchison senator has sent in Dill |
prohibiting public officers from ap- |
1oointiug clerks or subordinate officers, |
Directly or Indirectly related to them.
This bill originated the other day in
the senate when Senator Price, OF
Clark county, insisted on amending |
the state school consolidation bill by |
inserting q paragraph against the blood
and marriage appointments among |
the state schools. Bale Waggener,
anxious that the bill be pushed through |
TO final passage objected, saying that
he would favor separate bill apply /
ing to all public offices and promising |
Senator Price the support of the en-
tire Democratic majority if he would
introduce 1t.
Monday Bale waggener went one
step farther-he introduced the bill
himself.
At last there is chance for the
public eye to be recognized as a value
to the actions of public officials. Sena-
tor Gray, Of Osborne county, offers
Il BIZ creating what viii be known as
a department of criticism and improve
lnent in the state. This department
suggestions and criticism from the
public--if it is written without vicious
intent and If it is not insulting to the
administration. Il
The secretary of state, the county
commissioners, the city commission
ers and the township boards would I
handle all this correspondence and ap-
ply it to the offices mentioned. 1t Is
anticipat that an immense amount \
OF Improvement in public service can
De ODLdtI4eO SGeSSSlIOnS O1IGCL
from the pubic.
Senator Malone. of Rawlins, has in
troduced a bill creating a penalty for |
the disobedience of all measures pass 4
ed by the legislature but not augment /
ed with the penalty clause. These :,
punishments are to be classed as mis- h
demeanors and handled in that man
ner by the courts.
Senator Kinkol of Morris county in
a bill introduced in the senate has
clearly defined the Jurisdiction of the