The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-03
ON THE SQUARE.

ON THE SQUARE.
(Continued from Page One.)
any permit from the State Bank Com
missioner to engage in business in
the State OF Kansas, as an Investment
Company, within the meaning OF the
Blue Sky law.
The information contains twelve
counts reciting similar charges ana
transactions on the part of the de-
PENDANT each claimed by the attorney
general and county attorney to be q
violation OF the Blue Sky law.
The defendant files il motion to
quash this information and the hear
ing occurs on his motion. The de-
PENDANT moves to quash the informa-
ton for that 1t is an attempt to en-
force penalties against him provided
by the so-called Blue Sky law. where
as said law is unconstitutional, illegal
and void for reasons stated In said
motion. and in passing upon said mo-
ton, it may be q good plan to state
in substance and bear In mind a few
by the different higher courts OF the
land, as a basis for the consideration
Of the questions to be determined
here.
1t has been many times said by
such courts, as to become a we'll es-
construed al to render them consti-
tutional, If such construction be rea-
sonably possible.
The power of courts to declare
statutes unconstitutional Is to be ex-
ercised with caution, allowing the
presumption in favor of the validity
Of legislative enactments. rather than
against.
Tho Time to Brush Aside Technically.
This rule is especially adaptable to
the construction Of statutes purporting
to have been enacted to protect the
public health, the public morals or the
public safety.
That titles to legislative enactments
are to be interpreted literally, and not
in a narrow or technical sense. 1t Is
not necessary that an abstract or
synopsis of the contents OF the act be
expressed in the title. The provision Is
that the subject be clearly expressed in
the title and that the act contain but
one subject.
1t is proper to cover many different
classifications or groups or divisions OF
a subject under one general head, and
the fact that one general head Is men
toned in the title and the act pertains
to many subdivisions thereof. connect
ed with the main purpose. and reason
ably adapted to secure the objects IN
dicated by the title, does not violate the
constitutional provisions just men
toned.
The control and regulation Of all
classes and kinds Of business. whether
conducted by corporations or persons,
resident or nonresident. becomes more
and more the province Of government.
as the business and conditions and
necessities Of business and the welfare
Of the people" demand. .
The Broader View.
The police power of the state is
broad, and when it comes to consider
ing questions of abridging privileges
the narrow. first indication of the
words, deprived of life. liberty or
property without due process OF law,
should not be followed, but rather the
broader view, what il necessary. just
and right. considering the necessities
and welfare of the people. And the in
terests of the public generally must be
considered rather than the interests OF
q particular class having care Tor the
protection Of the individual that he Is
not unduly oppressed. sns
The right Of the state TO regulate
certain trades and occupations in the
interest Of public welfare. seems to
have been upheld many times by our
state and federal courts, but each
time with the admonition that the
state in so doing shall exercise its
power with reasonable discretion. that
it's action may not be an excuse for
unjust discrimination, and the right of
the individual to conduct his busi-
ness in a manner deemed by him to
his interest must be exercised subject
to such regulation as may be adopted
by the state in the interest of the well
fare of the people.
Commissions Now Indispensable.
1t has become necessary under the
\
the divided interests of the people,
that commissions and boards be Gre
ated and empowered to assist in the
administration OF business of the peo-
pie and the state, and such commits
sions are now an Indispensable part
Of our government system. and 1t Il
held that acts of such bodies are not
legislative acts. but only administra-
tive, putting into effect legislative
will, previously declared. and being
administrative acts, appeal therefrom
is not requisite to the protection of
person or property, for that our
courts may be resorted to for the pur-
pose of compelling such bodies to do
their duties fairly and impartially, and
without discrimination. This privi-
lege Of resort to the courts Is the
safety valve in lieu of a specific pro-
vision for appeal from the acts and
orders OF such bodies.
II the Proposition Is Honest.
If he desires to transact business
with the people Of the state, and has
an honest proposition to set before
them, he should not object to making
application to tho charter board for
the approval Of his project, and If his
business merits approval, and does
not get it by reason Of discriminating
or unlawful use of its powers, the
courts of the state win compel the
board to properly and justly act upon
his application.
We can presume that the board
and prosecuting officers Of the state
will attempt only to enforce the law
with reference to transaction intended