,OCAL GOVERNMENT 
 
 IN 
 
 KANSAS 
 
 JS 
 
 451 
 K34 
 C3 
 1889 
 
 BUTLER & Co. 
 
 PHI^AOELPHIA.
 
 LOCAL GOVERNMENT 
 
 IN 
 
 KANSAS./ 
 
 JAMES H. CANFIELD. 
 
 " Of all systems of government * * * it may be asserted without 
 fear of contradiction, that the most difficult to establish and render 
 effective, * * * the one which evidently requires the greatest maturity 
 of reason, of morality, of civilization in the society to which it is ap- 
 plied, * * * is the federative system of the United States of 
 America." GUIZOT. 
 
 REVISED EDITION. 
 
 OH 
 
 PHILADELPHIA 
 
 E. H. BUTLER & Co.
 
 COPYRIGHT BY JAMES H. CANFIELD, 1889. 
 
 PREFATORY NOTE. 
 
 THIS little volume endeavors to secure practical results 
 with the utmost simplicity and directness of statement. To 
 be successfully used, it must be regarded as one of those 
 "thin" books which are necessarily supplemented by earn- 
 est and competent instruction. It is a book of texts as 
 every true text-book should be. 
 
 Such matters as are peculiarly liable to change have been 
 avoided, or touched as lightly as possible ; the intention 
 being to sketch the groundwork only that which may be 
 regarded as reasonably permanent. 
 
 In order to prevent possible confusion by reason of too 
 many details, and to place the remuneration for public 
 service where it belongs subordinate to the service itself 
 no definite salaries have been stated. 
 
 As far as it has seemed desirable, the language of the 
 statutes has been used. 
 
 As the purpose of the work is simply to report the pres- 
 ent facts qf local government, there is very little criticism ; 
 very few words as to what such government ought to be. 
 Such criticism and discussion might be very properly con- 
 sidered out of place in the common schools of the State. 
 
 Suggestions that look to improvements or corrections in 
 future editions will be welcomed. The appreciation of those 
 received during the past four years is shown by their appear- 
 ance in this revision. 
 
 As there was but one motive in undertaking the task of 
 preparing this manual, so there should be but one in using 
 it an earnest desire to advance good citizenship in thia 
 imperial Commonwealth. J. H. C. 
 
 LAWRENCE, May, 1889. 
 2
 
 INTRODUCTION. 
 
 THERE are two great principles which may be called the cor- 
 ner-stones on which our Government National, State, and local 
 rests. These are 
 
 1. The active and intelligent participation of each citizen in 
 political affairs : 
 
 2. Office is a trust, and public officers are the servants of the 
 people; responsible to the people for the proper discharge of 
 every duty. 
 
 With regard to the first, some one has well said that the pub- 
 lic business of America is the private business of every citizen. 
 This fact should never be forgotten. We acknowledge no king, 
 we have no governing class. All power is with the people. 
 Those who neglect to exercise this power really have no share 
 in the Government. They are disfranchised by their own act. 
 Those who do not exercise this power intelligently soon come 
 under the control of the cunning and the crafty. In either case 
 there is only a pretence of self-government, and there is ever- 
 increasing danger that even the pretence may come to an end. 
 
 The second principle, expressed in the plainest terms, would 
 be : every public officer, from President down, is simply a " hired 
 man." His first and best efforts are due to those who hire him. 
 No business of his own may interfere with his work for his 
 employers. This is measurably true of a legislator also. In 
 certain general questions he may act according to his best 
 judgment) but always following the wishes of his constituents 
 as far as he understands them. On specific issues he must do 
 their bidding exactly, or give place to some one who will do so. 
 To determine whether an official, or a legislator, is a worthy serv- 
 ant, one to be hired again, the people must know what to ex- 
 pect of him, must understand his duties, and must be able to 
 decide how he has discharged them. Here is another demand 
 for popular intelligence in public affairs 
 
 3
 
 Introduction. 
 
 The great mass of our voters are plain, hard-working men. 
 Most of them toil daily with their hands for bread. All the 
 machinery of state, therefore, should be as simple as possible, 
 that public affairs may be easily understood by all citizens. If 
 any action on the part of .the Government is so complicated that 
 very few people can comprehend it, there is great danger that 
 some one is making use of our ignorance to his own advantage. 
 This is not necessarily true in every case, but is so often true 
 that we cannot afford to take any chances. But no Govern- 
 ment can be carried on intelligently, if it must be kept within 
 the comprehension of ignorant people. It is therefore the duty 
 of every citizen to seek all possible information on public ques- 
 tions, that the line of government may rise. This is why we 
 have public schools, and why instruction is given in United 
 States History and in the Constitution of the United States. 
 But we have thus far forgotten that local government is just as 
 important as national government; that it touches our daily 
 lives and our personal affairs even more closely than the latter 
 does ; and that only when our local business is well cared for, 
 can we hope to have a wise administration of the affairs of the 
 nation. Moreover, if we understand our local affairs, we much 
 more easily comprehend what is going on in the nation. To 
 extend this knowledge of home government is the purpose of 
 this little book. 
 
 Our experiment in free government depends for its success on 
 our being an enlightened, unselfish, far-sighted people. Just as 
 these foundation qualities are either weak or wanting, the build- 
 ing is unstable, and disaster is more or less imminent. If we 
 ever reach a time when ignorant, selfish, and present-policy men 
 are permanently in the majority, the building will fall. 
 
 If this nation is to stand for all time, growing purer and 
 stronger and more worthy of the admiration of the whole civil- 
 ized world, it must become and remain, in the very broadest and 
 best sense of the words, " A government of the people, by the 
 people, and for the people."
 
 LOCAL GOVERNMENT IN KANSAS. 
 
 THE SCHOOL DISTRICT. 
 
 1. Prelude. The State establishes free schools for 
 the sake of securing good citizens. No one can be a 
 good citizen unless he has a fair understanding, at least, 
 of the workings of his own government the machinery 
 of public affairs. Only as this runs smoothly, continu- 
 ously, and with the least possible friction, is it of much 
 real value to those in whose daily lives it necessarily 
 plays such an important part. In a free government like 
 our own, offices are filled sometimes, it must be confessed, 
 in a rather hap-hazard way by persons chosen from the 
 people and by the people. Hence, it is peculiarly nec- 
 essary that every one, whether he serves or determines 
 who shall serve, shall possess a fair degree of knowledge 
 of the duties and responsibilities of the positions which 
 he may be asked to fill, or in which he places his neigh 
 bors and friends. Without such knowledge, the civil 
 service would soon become both inefficient and corrupt. 
 In securing this necessary information, it is best to begin 
 at home ; with that in which we are naturally most in- 
 terested. This will be the School District. 
 
 2. The School District. One of the smallest civil 
 divisions which the State recognizes is the School Dis-
 
 Local Government in Kansas. 
 
 trict. This is created by an officer known as the County 
 Superintendent of Public Instruction.* He has authority 
 to divide the county into a convenient number of School 
 Districts, and to make any changes in the boundaries of 
 these that the interests of the inhabitants may require. 
 But there must never be less than fifteen persons of 
 school age, i. e., over five and under twenty-one years, in 
 each District when created or changed ; nor can a District 
 be so changed as to make the amount of its bonds, if 
 any have been issued, exceed five per cent, of the valua- 
 tion of all property on the tax-rolls. The Superintend- 
 ent must give due public notice of his intention to either 
 create or change a District ; and any one who is not sat- 
 isfied with this action may state the facts to the Board 
 of County Commissioners,* and ask them to interfere. 
 
 3. Organization. The District is said to be organ- 
 ized when its first officers have been elected and have 
 qualified ; which means, have done all that the law re- 
 quires them to do before entering upon the actual dis- 
 charge of the duties of their offices. When duly or- 
 ganized, the District has a legal name : School District 
 No. (such a number as may be given it by the County 
 
 Superintendent), County, State of Kansas. By 
 
 this name it is known in the courts, if it is ever sued or 
 ever brings a suit ; and this is the name which appears 
 in all contracts or bonds, and in all deeds of real estate. 
 
 4. Annual Meetings. The regular annual meeting 
 of each District is held at the school-house, on the last 
 Thursday in July, at two o'clock in the afternoon. 
 At this meeting, each male to whom the State Consti- 
 
 * See chapter on the County and County Officers.
 
 The School Dwtiict. 
 
 tution gives the right to vote,* and each female over the 
 age of twenty-one, and not disqualified, f is entitled to 
 vote. The general business of the meeting is to elect a 
 Director, Clerk, or Treasurer ; to vote the annual tax 
 with which to meet current expenses ; to determine the 
 length of time the school shall be taught, which shall 
 not be less than three months; and whether a male or 
 female teacher shall be employed.:}: 
 
 5. Officers and their Duties. The officers have been 
 already named. One only is elected each year, and 
 holds office for three years. Each takes the usual oath 
 of office ; and the Treasurer must give a bond in double 
 the amount of the funds which will probably" come into 
 his hands. 
 
 * He must be at least twenty-one years of age ; a citizen of the 
 United States, or, if foreign born, must have at least declared his inten- 
 tion to become a citizen ; and must have resided in Kansas six months, 
 and in the township (or district) at least thirty days, next preceding the 
 election. 
 
 f The same limitations as are placed on males ; chiefly, when under 
 guardianship, of unsound mind, if ever convicted of felony, or guilty of 
 taking a bribe, qr of fighting a duel. 
 
 | Of course, all that may be done at such a meeting is not given. 
 That would be as impossible as to give all the powers and duties of a 
 public officer. The compiled laws of the State will always furnish ex- 
 plicit details ; but one of the best ways of getting information is by per- 
 sonal observation and inquiry. Scholars should be encouraged to at- 
 tend the annual meeting, and note carefully all that is done there. A 
 report should then be made to the school, and some time given to in- 
 quiry and discussion. Public officers might be questioned as to their 
 duties and methods, and the results detailed to the school. Public 
 affairs should be studied just as men study any trade or calling; not 
 theoretically, but practically. 
 
 $ I do solemnly swear that I will support the Constitution of the 
 United States and the Constitution of the State of Kansas, and faith- 
 fully discharge the duties of the office of . So help me, God.
 
 8 Local Government in Kansas. 
 
 (. The three officers constitute the District Board; 
 and to this is given general charge of all District affairs. 
 It levies the annual tax ; has the care and keeping of 
 the school-house, and of all other property belonging to 
 the District; hires the teachers ; decides what text-books 
 shall be used ; can suspend any pupil guilty of immoral- 
 ity, or of persistent violations of any of the regulations 
 of the school ; and must visit the school at least once 
 each term. 
 
 7. Besides these general duties, each member of the 
 Board has special work to do. The Director presides at 
 all District meetings ; must sign all orders drawn by the 
 Clerk, or they are not valid ; and appears for the District 
 in all cases in court, unless the voters otherwise direct. 
 The Treasurer receives all school moneys from the 
 County Treasurer, as all taxes are collected through 
 the latter, and pays these out on order of the Clerk and 
 Director; keeping such accounts of these transactions 
 as will enable him to present a detailed report at each 
 annual meeting. The Clerk keeps a record of all the 
 school matters in the District. He draws all orders for 
 payments of salaries and current expenses ; makes a de- 
 tailed report at each annual meeting, covering all the 
 statistics of the school year;* makes all the necessary 
 reports to the County Superintendent; and acts as the 
 Secretary of the District Board and of all District 
 meetings. 
 
 8. General Provisions. Sometimes it becomes nee 
 essary to form a District lying partly in two or more 
 counties. This is called a Joint District. Sometimes 
 
 * Such as number of children of school age ; number in attendance ; 
 length of the school ; receipts and disbursements, etc.
 
 The School District. 
 
 two or more Districts unite for the purpose of securing 
 a graded school for instruction in the higher branches. 
 This is known as a Union District. In each of these 
 Districts the government is substantially the same as 
 that of an ordinary District. 
 
 ,9. Every child between the ages of eight nnd fourteen 
 is required by law to be in some school, public or pri- 
 vate, for not less than twelve weeks in each year, unless 
 excused by the District Board for good cause :,hown. It 
 is the duty of the Director to enforce this Compulsory 
 Law, and to see that all violations of it are punished. 
 
 10. Any School District in the State may, at its an- 
 nual meeting, vote a small tax* for the purpose of secur- 
 ing a .school library. By virtue of his office, the Clerk 
 is Librarian, unless the Board appoints some one else. 
 
 11. Any District may, at its annual meeting, vote on 
 the question of uniformity of text-books in the common 
 schools of the county. If the majority of the School 
 Districts in any county vote for county uniformity, then 
 the County Superintendent calls for the election of one 
 delegate from each township, which delegates constitute 
 the County Text-book Board. It is their duty to select 
 and prescribe the text-books to be used in the schools 
 of the county. When this selection has once been made, 
 the list cannot be changed for five years.f 
 
 * Not more than $40, if the taxable property in the District does not 
 exceed $20,000 ; $20,000-$30,000. not more than $45 ; $30,000-$50,000, 
 not more than $50; $50,000 and upwards, not more than one-half mill 
 on the dollar. 
 
 f School bonds, for the purpose of erecting or purchasing the school 
 buildings necessary for a District may be issued by the District Board 
 as follows : The district must have been organized at least one year ;
 
 10 Local Government in Kansas. 
 
 12. Conclusion. It will be readily seen that the 
 government of the School District is very simple. If 
 thoughtful, experienced, energetic men are placed in 
 office, it is not at all difficult to have good schools. The 
 services of the District Board must be rendered gratui- 
 tously ; yet this is no more than men should gladly un- 
 dertake as their share of the public burden. It is pecu- 
 liarly necessary that the members of the Board be men 
 who take a deep and intelligent interest in school affairs. 
 Above all, they should be men who have no unworthy 
 personal ambitions to gratify, no prejudices, and no pels. 
 In their election, party lines should be entirely forgot- 
 ten ; the aim of all good citizens being to secure the very 
 best man for each place. 
 
 THE TOWNSHIP. 
 
 13. Prelude. As soon as it was determined to open 
 for settlement the territory which is now Kansas, the 
 United States Government, by its survey,* divided the 
 land into squares of six miles on each side, which were 
 
 there must be at least fifteen persons between the ages of five and 
 twenty-one years actually residing in the District ; at least one-third 
 of the qualified electors of the District must petition the Board for a 
 special election on the question of issuing the bonds; the majority of 
 qualified electors (including women) must at this election vote in favor 
 of issuing the bonds ; each bond must be for not less than one hundred 
 nor more than five hundred dollars, must be signed by the director and 
 countersigned by the clerk, must be registered with the county clerk, 
 and must not be sold at or below par until offered to the commissioners 
 of the State permanent school fund or to the loan commissioner of the 
 State Agricultural College. 
 * For further details, see chapter on Land Surveys.
 
 The Township. 1 1 
 
 subdivided into thirty-six tracts, each containing one 
 square mile. These latter were called sections, and each 
 larger square thirty-six square miles was called a 
 township. These divisions were made for the purpose 
 of giving definite boundaries to the lands when sold. 
 
 14. The settlers found this method of division ver> 
 accurate and very convenient, and have generally retained 
 it in civil affairs. A township, therefore, is usually a 
 square of land, six miles on each side. 
 
 15. In New England, the organization of each town 
 ship is so complete, and its local government is so inde- 
 pendent, that it has been said that if the National and 
 State governments were destroyed, and all their officers 
 removed, all local affairs would go on much as usual, and 
 the people would scarcely experience a loss. In the 
 Southern States the county system prevails; and the 
 township, as a unit of government, is scarcely known. 
 The Western States have very generally adopted what 
 is known as the compromise system, in which the town- 
 ships are granted very many rights and privileges, but 
 are, in a measure, subordinate to the county. In this 
 State, nearly all local government is entrusted to cities, 
 townships (under the compromise plan), and school dis- 
 tricts. 
 
 Id. Organization. Each county, when organized, is 
 divided by the County Commissioners into suitable and 
 convenient townships ; and the Commissioners have 
 power to organize new townships, on proper petition 
 from the citizens of such townships, and after due notice 
 of their proposed action. Each township thus organized
 
 12 Local Government in Kansas. 
 
 _^ 
 
 becomes a body corporate,* or legal person; and, as such, 
 may appear under its own proper name in suits to which 
 it is a party, and may make all contracts that are necessary 
 and convenient for the exercise of its corporate powers. 
 17. Elections. The annual township election is held 
 on the first Tuesday after the first Monday in November, 
 in each year. Unless divided by law, each township 
 constitutes an election district, with one polling- pi ace, or 
 place where votes may be cast. The township Trustee 
 and two justices of the peace are judges of the election, 
 and have general charge of the proceedings; though, it' 
 they are absent at eight o'clock, the citizens present may 
 choose judges from their own number. Two clerks may 
 be appointed by the judges to assist in receiving the 
 votes and in making the returns ; that is, in certifying as 
 to the number of votes cast, and for whom they were 
 cast. On the morning of election day, the Trustee car- 
 ries the ballot-box and a copy of the Compiled Laws to 
 the polling-place. At eight o'clock the polls are declared to 
 be open ; that is, the judges will then begin to receive votes. 
 Every male person possessing the qualifications prescribed 
 by the State Constitution is entitled to vote. No person ex- 
 cept those about to vote can occupy the space within fifty 
 feet of the polls during the hours that the polls are open. 
 Each elector, as a voter is sometimes called, hands one of 
 the judges of election, in full view, a single ballot, or piece 
 of paper, on which are written or printed the names of the 
 persons voted for, and the proper designation of the offices 
 they are intended to fill. The judge, receiving the ballot, 
 calls the name of the voter; and, if no objection is made, 
 
 * Counties, townships, cities, villages, districts, are called public, or 
 municipal, corporations.
 
 The Township. 13 
 
 puts the ballot at once, without looking at the names on 
 it, into the ballot-box. An objection to a vote is called 
 a challenge ; and when this occurs, the voter must sat- 
 isfy the judges of election, in manner prescribed by the 
 statute, that he is entitled to vote. As the ballot is 
 deposited, one of the clerks of the election writes the 
 voter's name in what is called a poll-book. At six o'clock 
 the polls are declared to be closed, and after that there 
 can be no voting. The total number of votes cast is 
 certified under the last name on the poll-books, and the 
 books are signed by the judges and clerks. The ballot- 
 box is then opened, and one judge takes out the ballots, 
 one by one, and reads aloud the names and offices printed 
 on each. As each is read, it is delivered to the second 
 judge, who examines it and passes it to the third judge, 
 who strings it on a stout thread to preserve it. As the 
 names and offices are read, the clerks make the necessary 
 entries on blanks prepared for that purpose. If there 
 seems to be proof of fraud in the casting of any bal- 
 lots, the judges may reject them. No ballot having a 
 designated heading (as " Republican Ticket") may have 
 printed or pasted thereon any other names than those 
 found on a regular ballot having the same heading ; and 
 the judges of election cannot count such a ballot if depos- 
 ited. After the votes are canvassed, i. e., all read and 
 entered in the manner just stated, one poll-book and the 
 votes are sealed up and sent to the County Clerk; fraudu- 
 lent and defective ballots also sent in a separate package.* 
 
 * As this is the way in which ah general elections are conducted, it 
 is thought best to give details at this point. An election held in the 
 Bchool-room, with the scholars as voters, following carefully these de- 
 tails, will be of great assistance in fixing the genera] methods in th 
 memory.
 
 14 Local Government in Kansas. 
 
 18. Officers. At each annual election the following 
 township officers are chosen : a Trustee, a Clerk, a Treas- 
 urer, a Road Overseer for each Road District in the town- 
 ship, and as many Constables as there are Justices of the 
 Peace. At each alternate annual election there are chosen, 
 in addition to the officers already named, the Justices of 
 the Peace to which the township is entitled not less than 
 two. These Justices hold office for two years ; all other 
 township officers for one year. All officers take the usual 
 oath of office before entering upon their duties; and the 
 Treasurer, the Road Overseers, the Justices, and the 
 Constables give bonds. 
 
 19. The Trustee is a sort of general superintendent 
 of township affairs. He determines the number and 
 extent of the Road Districts, looks after the general 
 pecuniary concerns of the township, is judge of elections, 
 has charge of the poor, contracts for the building of 
 bridges, is the township assessor for the purposes of tax- 
 ation, and, with the consent of the County Commissioners, 
 levies the tax for township, road, and other purposes.* 
 For his service as assessor, but for none other except as 
 hereinafter specified, the law entitles him to receive pay. 
 
 20. The Clerk has charge of all records, books, and 
 papers of the township, where no other provision is made 
 by law. All these books and records, as well as those 
 in the custody of any other public officer, are always open 
 to public inspection. 
 
 21. The Treasurer receives and pays out the moneys 
 that may lawfully pass through his hands, under the 
 general supervision of the Trustee and on order from him; 
 
 * Such as, for payment of interest or principal of township bonds.
 
 The Township. 15 
 
 keeping true account of all this in books provided for 
 the purpose. 
 
 22. These three officers constitute the Board of Com- 
 missioners of Highways and the And! tiny Board for each 
 township. The Trustee is chairman of this Board, and 
 the Clerk is secretary. It meets on the second Saturday 
 after the township election, and on the last Monday of 
 April, July, October, and January in each year. It has 
 general supervision of all roads and bridges in the town- 
 ship ; and, to make this work more efficient, it is author- 
 ized to employ a general Superintendent. The statute 
 expressly enjoins the making of permanent roads* where- 
 ever this is practicable ; which is a long step in advance 
 in this matter. 
 
 23. The accounts of all township officers must be pre- 
 sented to the Auditing Board for inspection and approval. 
 These officers, when serving on this Board, are entitled 
 to pay. 
 
 24. The same officers are the Fence- Viewers in the 
 township; that is, they determine whether the fences 
 answer the requirements of the law. For each day they 
 are engnged in this work they are entitled to pay. 
 
 25. The Road Overseer must inspect all bridges in his 
 district and see that they are safe for travel, or are closed ; 
 he must carry out proper measures to prevent the spread 
 of prairie fires ; and he has general supervision of opening 
 and keeping in good order all roads f under his care. He 
 
 * That is, made with gravel, or macadamized, and well drained, etc. 
 
 f Public highways, established under the statute. These are secured 
 by petition to the County Commissioners, are generally located on sec- 
 tion lines, and are not more than eighty nor less than forty feet wide, 
 except in certain emergencies. The County Commissioners have power
 
 16 Local Government in Kansas. 
 
 receives pay for his services, but not for more than fifteer 
 days' work in each year. 
 
 2ft. Constables are the messengers of the Justices of the 
 Peace. They serve all papers issued by the court, have 
 general police power in the preservation of order, can act 
 anywhere within the county in which they are elected, 
 and can at any time call on citizens for help in enforcing 
 the law. Their fees are determined by law, and vary in 
 accordance with the service rendered. 
 
 27. Justices of the Pvace are, as the name implies, 
 peace officers and judges in minor matters, both civil 
 and criminal. To give them the right to act, the case 
 must arise in the county in which they are elected. In 
 trials for the recovery of money, they cannot act if the 
 amount sought exceeds three hundred dollars. When 
 suit is brought for trespass, the damage claimed must 
 not exceed one hundred dollars. They cannot act at all 
 in a case where the title qf land comes in question. They 
 may try any person for a misdemeanor (i. e., an offence 
 not punishable by death or by confinement and hard 
 labor in the penitentiary) in all cases in which the fine 
 cannot exceed five hundred dollars and the imprisonment 
 cannot exceed one year, They may perform the marriage 
 ceremony. They keep a detailed record of all their pro- 
 ceedings in a book called a docket. For all services they 
 are paid certain fees, determined by law. 
 
 In all civil cases tried in a Justice's court, either party 
 
 to improve roads whenever a majority of the landowners residing within 
 half a mile on either side of the road, and between the terminal points 
 mentioned in the petition, request such improvement. The expense JE 
 assessed on the tracts of land benefited.
 
 The Township. 17 
 
 may demand a jury. This is composed of six men, un 
 less the parties agree on a smaller number.* 
 
 28. Conclusion. The duties of township officers are 
 not very burdensome; but they call for integrity, tact, 
 and shrewd common sense. It is not easy to understand 
 why partisanship should have any weight whatever in 
 the choice of these public servants. The best conduct of 
 public affairs is all that is sought, and good citizens should 
 be content with nothing short of this. 
 
 29. It is not difficult to see that with the district and 
 township governments alone, very much could be ac- 
 complished. With good schools, gopd roads, efficient 
 peace officers, and courts in which could be tried by far 
 the greater number of disputes and misunderstandings, 
 the community could thrive and dwell in almost un- 
 broken peace. Within these limits men feel the direct 
 results of the machinery of government which they set 
 in motion. Beyond these, the impression is but slight; 
 decreasing in intensity through the county and the 
 State. f and for the great mass of men almost entirely 
 dying out before the General Government is reached. 
 
 * See chapter on Judiciary. 
 
 f A striking illustration of this is to be found in a comparison of 
 officials, as follows: 
 
 Officers in School Districts number about 27,000 
 
 Townships number .about ....... 11,000 
 
 Counties number about 1,400 
 
 Cities, excluding Councilmen, about .... 900 
 State, including Supreme Court and District 
 
 Judges, but excluding Legislature, about . 65 
 
 Again, the tax levied for the payment of all the expenses of the 
 State government, including the support of all State institutions, is 
 only about one-eighth of the entire amount of taxes levied and col- 
 lected in Kansas each year. 
 2
 
 18 Local Government in Kansas. 
 
 3O. To these home matters, therefore, should be given 
 most careful thought, and most prompt, efficient, and in- 
 dependent action. 
 
 THE COUNTY. 
 
 
 
 31. Prelude. The first Territorial Legislature, in 
 
 1855, established twenty counties; that is, defined their 
 boundaries. To these, twelve more were added before 
 the admission of the Territory as a State. Others have 
 been established at different sessions of the State Legis- 
 lature;* and some old counties have been divided, the 
 early name has been dropped, and new names have been 
 given to the reorganized portions. By a special statute, 
 boundaries may be changed by a majority vote of the 
 electors of the counties interested ; but no county shall 
 have an area of less than four hundred and thirty-tvro 
 square miles. 
 
 32. Organization. Whenever four hundred house- 
 holders, who are legal electors of the State and who 
 reside in an unorganized county, shall petition the Gov- 
 ernor, showing that there are at least twenty-five hundred 
 inhabitants in the county, and asking that the county be 
 organized, the Governor must appoint some competent cit- 
 
 * The number in 1889 was one hundred and five, excluding Wallace 
 county.
 
 The County. 19 
 
 izen of the county to take a census of the inhabitants and 
 to ascertain the amount of taxable property. If there are 
 found to be at least twenty-five hundred inhabitants, of 
 whom four hundred are householders, and $150,000 in 
 taxable property, of which at least $75,000 is real estate, 
 the Governor appoints three citizens of the county to act 
 as County Commissioners, and one to act as County 
 Clerk. After these officers have qualified, the county is 
 said to be duly organized. Under the direction of these 
 Commissioners the county is divided into townships, and 
 the first election called and held. 
 
 33. The county-town, or county -seat i. e., the place 
 where county offices are located is determined by a vote 
 of the electors of the county. As in the case of the 
 school district mid of the township, each county is a body 
 corporate and politic; that is, is a legal person ; and as such 
 can sue and be sued, make contracts, and hold real estate. 
 
 34. Election*. County elections occur on the first 
 Tuesday after the first Monday in November of each 
 year ; but not for ihe same officers each time. On each 
 "even" year we vote for membors of the Legislature (or 
 Representatives), a Probate Judge, a Clerk of the District 
 Court, a Superintendent of Public Instruction, one Com- 
 missioner, and a County Attorney. Once in four years, 
 ou what is called the presidential year, we add to these 
 a State Senator. On the "odd" years there are elected 
 one Commissioner, a Sheriff, a County Clerk, a Treasurer, 
 a Register of Deeds, a Surveyor, and a Coroner. These 
 elections are announced, or " proclaimed," by the Sheriff 
 at least ten days before they occur. The voting is done 
 in election districts, which are townships unless other- 
 wise determined by law, and in city wards. All county 
 officers enter upon the discharge of their duties on the
 
 20 Local Government in Kansas. 
 
 second Monday of January next after election, ex- 
 cept the Treasurer, whose term begins on the second 
 Tuesday of October next after his election; and all 
 give bonds. Senators and Representatives never give 
 bonds. 
 
 35. Officers. The County Commissioners stand in 
 much the same relation to the county that the Director 
 does to the school district, or the Trustee to the town- 
 ship. They are the representatives of the county, the 
 general agents of the county, the county executive. 
 All county property is in their care ; they examine and 
 settle all accounts of the receipts and expenditures of the 
 county; they apportion and order the levy of taxes; 
 they lay out, alter, or discontinue roads;* they set off 
 and organize townships, and change their boundaries; 
 they canvass the votes for the respective township offi- 
 cers, and announce the results of such elections; they 
 canvass the votes for State, county, and district officers, 
 for members of the State Legislature, for members of 
 Congress, and for Presidential electors, and determine 
 the results ; and they have powers necessary to meet the 
 requirements of county business in all ca^es where no 
 other provision is made by law. Their term of office is 
 for three years, and is so arranged that one Commis- 
 sioner is elected each year. This always leaves two of 
 the Board a majority who have some acquaintance, 
 with county business ; a very wise provision. Their 
 compensation is by the day, for actual service required 
 and rendered; the total number of days being limited 
 by statute in proportion to the population of the county; 
 
 * See note, page 15.
 
 The Comity. 21 
 
 this being thought the most practicable way of estimat- 
 ing the probable business of the county. 
 
 3tt. The County Clerk is the Secretary of the Board 
 of County Commissioners, and keeps all their records 
 and papers, and the seal of the county. He also keeps 
 a full set of accounts of the receipts and expenditures of 
 the county, and of the business of his county with all 
 county, township, district, and other officers. These are 
 especially designed as a check on the Treasurer's ac- 
 counts, and as a test of their accuracy. This includes, 
 of course, the complete tax-rolls, and all the proceedings 
 connected with the levy and collection of taxes. He 
 'makes a complete and detailed report to the State Audi- 
 tor, every year, of the financial condition of the county. 
 In return for his services he receives a salary, varying 
 according to the population of the county. 
 
 37* The County Treasurer simply watches the money 
 of the county. Everything due the county is paid to 
 him, and all expenditures pass through his hand. He 
 is the collector gf all taxes; and therefore must open 
 accounts with all cities, townships, and school districts 
 in his county. He makes full reports to and settle- 
 ments with the County Commissioners once in each 
 year; and once each quarter the Probate Judge and 
 two citizens appointed by the Commissioners, enter the 
 office, without previous notice, and examine the books 
 and count the funds in the Treasurer's hands. 
 
 38. The Register of Deeds has care of the various 
 records affecting title to land. All deeds, mortgages, 
 maps of towns or villages, and other writings which, 
 under the law, may become a charge on any land, or 
 may assist in determining the ownership of land, are
 
 22 Local Government in Kansas. 
 
 copied by the Register in books prepared for that pur- 
 pose and kept in his office. These are always open to 
 public inspection, and are carefully and conveniently 
 indexed. 
 
 3i). The Sheriff" is the general messenger of the Dis- 
 trict Court, attending all its sittings ; . and is the coun- 
 ty representative of the executive branch of govern- 
 ment. He appoints an under-sheriff, or general deputy, 
 and such deputies as he may think necessary being 
 himself responsible for the acts of these subordinate offi- 
 cers. He has charge of the county jail, and of all the 
 prisoners kept there. It is his duty to do all in his 
 power to preserve the peace, to suppress all unlawful 
 assemblages, and to make all necessary arrests. Should 
 he need assistance at any time, he is authorized to call 
 to his aid such persons in the county as he may think 
 necessary. This is known as "summoning a posse." He 
 gives public notice of all elections, attends the drawing 
 of jurors and summons them when drawn, and in all 
 ways furthers the execution of all laws. 
 
 40. It is the duty of the Coroner to examine all 
 the circumstances connected with death by unlawful 
 means, or where the cause of the death is unknown. 
 This is called " holding an inquest;" and in the per- 
 formance of this duty the Coroner is assisted by six ju- 
 rymen, summoned by himself. If the jury find that 
 a crime has been committed, the Coroner may issue a 
 warrant for the arrest of the person charged ; but the 
 trial of such person is conducted in the usual courts, and 
 in the usual manner. 
 
 41. The County Attorney appears in all the courts of 
 his '/-aunty, and prosecutes or defends on the part of the
 
 The County. 23 
 
 people all suits in which the State or the county has an 
 interest. He is the legal adviser of the Board of Com- 
 missioners ; and it is his duty to personally inspect the 
 jail and its management during each term of court. 
 
 4<?. The Co'.tnty Surveyor is entrusted with the lines or 
 boundaries of the various divisions of the county. He 
 subdivides the sections established by the United States 
 Surveyors ; re-establishes missing corners or landmarks ; 
 surveys the lines of all public roads; and disputes or 
 misunderstandings as to the boundaries of adjoining 
 lands are generally referred to him for settlement. 
 
 43. Each county having more than twenty-five thou- 
 sand inhabitants is entitled to an officer known as the 
 County Auditor, who is appointed by the District Court 
 of such county. It is his duty to examine all claims 
 presented against the county and to decide as to their 
 validity ; to inspect the accounts of the Treasurer 
 every two months; and to examine the reports and 
 books of the Sheriff and of the Clerk of the District 
 Court concerning fees and other moneys collected by 
 them. He must publish each month, in the official 
 paper of the county, a complete statement of all the 
 claims which he has allowed.* 
 
 44. The Commissioners in each county constitute the 
 County Board of Health. They elect some reputable 
 physician as County Health Officer. The county officers 
 and the State Board of Health act together ; the former 
 having the same general powers in their respective 
 counties that the latter has in the State.f 
 
 * For duties of the Clerk of the District Court, see under tho Ju- 
 diciary. 
 f For duties of State Board of Health, see under State Officers.
 
 24 Local Government in Kansas. 
 
 45. The County Superintendent of Public Instruction 
 has general charge of the educational interests of the 
 county. He divides the county into School Districts, 
 visits the schools, suggests to either teachers or School 
 Boards needed improvements, examines accounts and 
 records connected with school work, encourages the for- 
 mation of Teachers' Associations, supervises the summer 
 Normal Institutes,* prepares certain educational statis- 
 tics and reports these to the State Superintendent of 
 Public Instruction, and decides most of the disputes 
 arising within Districts. 
 
 Much depends on his character, education, patience, 
 firmness, and industry. The greatest care should be used 
 in selecting this very important public officer, ajid he 
 should be retained in office as long as he gives satisfaction, 
 or until the people are sure of getting a better servant. 
 
 46. The County Superintendent is assisted in the dis- 
 charge of one portion of his duty by two Examiners, 
 who are appointed by the County Commissioners, and, 
 with the Superintendent, form the County Board of Ex- 
 aminers. These persons must hold first grade or State 
 certificates, or be regular graduates of one of the State 
 institutions of higher learning. 
 
 47. Notaries Public are appointed by the Governor, 
 in each county. The statute places no limit on their 
 number. Each gives an official bond, which is deposited 
 with the clerk of the District Court; and each must 
 have an official seal. They have authority to administer 
 oaths, to take acknowledgment of deeds and of other 
 papers affecting the title to lands, to protest promissory 
 
 * See under Higher Education.
 
 The County. 25 
 
 notes for want of payment, to take depositions of wit- 
 nesses, and to exercise other powers granted by commer- 
 cial usage. 
 
 48. The State has been divided by the Legislature into 
 /Senatorial and Representative Districts. From the first 
 are chosen the members of the Upper House, and from 
 the last those of the Lower House. The Constitution 
 provides that there shall not be more than forty Sena- 
 tors, nor more than one hundred and twenty-five Repre- 
 sentatives. Members of the Legislature must be qualified 
 voters of the District for which they are elected, and 
 must reside in that District. No member of Congress 
 nor' officer of the United States, and no one convicted 
 of misuse of public funds, can have a seat in the Legis 
 lature. The powers and duties of Senators and Repro 
 sentatives will be given under the legislative branch oi 
 the State government. 
 
 49. Conclusion. Reviewing the county officers, H 
 will be readily seen that ability and integrity efficiency 
 are the chief requisites. The offices are peculiarly 
 positions of trust and practical service in behalf of the 
 entire people. Upright, energetic, business men to do 
 the business of the people in an upright and energetic 
 way that is what is wanted. Mere party prejudices 
 should have no weight whatever ; it should be, as in the 
 district or in the township, simply an effort to secure 
 the best man. The only legitimate exception to this 
 may be made in the choice of the members of the Legis- 
 lature. Since with these lies the choice of United States 
 Senators, and the latter are closely connected with na- 
 tional affairs, there may 'be some ground for party alle- 
 giance in any measure which affects their election.
 
 26 Local Government in Kansas. 
 
 CITIES. 
 
 50. Prelude. Whenever, for any reason, a large 
 number of people reside within a comparatively limited 
 area, there is need of government differing somewhat 
 from that of a rural district. For instance, where build- 
 ings stand close together there is more danger from fire, 
 and hence there must be greater protection against it ; 
 the various kinds of waste or refuse from a large popu- 
 lation soon contaminate the soil and the natural water- 
 courses, and pure water must be brought into the city ; 
 where there are so many people, every man does not 
 know his neighbor and that neighbor's business, which, 
 fact presents constant opportunities for crime, and corn- 
 pels the organization of a police force ; the constant 
 passing to and fro of a large population demands good 
 sidewalks. All these, and many others, are necessarily 
 expensive, and require supervision and care; and for this 
 certain officers and general rules must be provided. 
 These constitute city governments, which will not be 
 difficult of explanation, now that the simpler forms of 
 local government have been thoroughly mastered. 
 
 51. Classification. Whenever it is duly ascertained, 
 by any lawful census or enumeration, that any city has. 
 a population of over fifteen thousand inhabitants, the 
 fact is certified by the Mayor and Council to the Gov- 
 ernor, who thereupon, by public proclamation, declares 
 that to be a city of the first class. If the city has more 
 than two thousand inhabitants, and less than fifteen 
 thousand, it is proclaimed a city of the second class. Any 
 town or village having not more than two thousand in- 
 habitants, nor less than two hundred and fifty, on due
 
 Cities. 27 
 
 application to the Commissioners of the County in which it 
 is located may be declared a city of the third class. In 1889 
 Kansas had six cities of the first class, forty-six cities of 
 the second class, and seven cities which would be in the 
 second class if they should apply for such recognition. 
 
 52. Wards. Cities of the first class shall have not 
 less than four nor more than six wards. These are 
 geographical divisions of the city, each being entitled to 
 representation in the City Council. No sufficient reason 
 can be given for these artificial political districts. A 
 city is simply a corporation created by statute to trans- 
 act certain business in a certain and specified way ; and 
 this business is very generally of such a nature as to give 
 little or no place for politics. The ward system tends 
 constantly to plunge everything into politics. 
 
 Cities of the second class, having more than four thou- 
 sand population, shall have not less than four wards. 
 
 53. Registration. To prevent persons voting more 
 than once (" repeating ") at the same election, every citizen 
 in cities of the first and second class is required to give to 
 the City Clerk prior to the ten days preceding any election, 
 a statement of his name, age, occupation, and place of resi- 
 dence. This registration must be attended to every year, 
 or the citizen loses his vote. Copies of the Clerk's lists are 
 sent to the polls, and no one can vote whose name cannot be 
 found on the list for the ward in which he offers his vote. 
 
 In each city where more than six thousand votes are 
 cast at any general election, registration and elections 
 are in charge of a Commissioner of Elections, appointed by 
 the Governor. If the metropolitan police law is in force 
 in that city, the Board of Police Commissioners acts in 
 connection with the Commissioner of Elections.
 
 28 Local Government in Kansas. 
 
 54. Elections. Elections are held on the first Tues- 
 day in April. In cities of the first class, the Mayor and 
 the Police Judge are elected on the "odd" years, by vote 
 of all citizens. Each ward is entitled to two Council- 
 men, one of whom, together with a member of the Board 
 of Education, is elected annually. In cities of the sec- 
 ond class, the officers elected on the " odd " years are 
 the Mayor, Police Judge, Treasurer, Treasurer of Board 
 of Education, and Justices of the Peace.* One Council- 
 man in each ward, and members of the Board of Edu- 
 cation, are elected annually. In cities of the third class, 
 the Mayor, Police Judge, and Councilrnen are elected an- 
 nually. Officers not elected by the people are appointed 
 by the Mayor and Council. 
 
 In ail elections for city or school officers, or for the pur- 
 pose of authorizing the issue of school bonds, women vote 
 under the same restrictions and qualifications as men, and 
 are elegible to any city or school office. 
 
 5.5. Government. The government of a city is in the 
 hands of a Mayor and Common Council, whose legisla- 
 tive acts are called Ordinances. 
 
 56. Officers. The Mayor corresponds to the Township 
 Trustee, and is the general executive of the city ; being 
 active and vigilant in enforcing all the laws (ordinances) 
 of the city. He has some special powers ; such as that 
 of a veto on all ordinances passed by the Council (which 
 may be passed over the veto by a three-fourths vote), 
 the power to appoint special policemen, to call out the 
 citizens or militia within the city to aid in enforcing the 
 ordinances or to suppress a riot, and to grant reprieves 
 or pardons for all offences arising under the city laws 
 
 * As in townships.
 
 Cities. 29 
 
 but in this last he must have the consent of the Coun- 
 cil. In some of these special powers the Mayor's po- 
 sition is something like that of the Governor. 
 
 57. The Police Jud/je answers to the township Justice 
 of the Peace, and has exclusive right to hear and deter- 
 mine all cases which arise under the city ordinances. In 
 his court may be tried most of the misdemeanors (or 
 minor criminal offences) under the State laws. The 
 Marshal and the police are his constables ; the former 
 having many duties like those of a sheriff.* 
 
 58, The Clerk, Treasurer, Assessor,^ and Attorney per- 
 form the customary duties attaching to these offices. 
 
 59. The Weigh-Master inspects and weighs all hay, 
 grain, and coal, and measures all wood, when these are 
 offered for public sale ; and the Council may prescribe 
 rules for the weighing and measuring every commodity 
 sold in the city; but this is rarely done. 
 
 GO. The Market-Master has charge of all markets, 
 market-places, and meat-shops, and can inspect and reg- 
 ula^e the sale of all meats, vegetables, etc., sold there ; but 
 this officer is almost unknown in Kansas. 
 
 * Unless such action appears to the Governor clearly unnecessary, 
 he must appoint in every city of the first class a Board of Police Com- 
 missioners, three in number, who shall have entire control of the police 
 force and of police regulations in that city. 
 
 If fifty householders of a city of the second class so petition, or if 
 the Governor so directs, the Attorney-General has authority to com- 
 mence proceedings which will put ell the city officials out of office, and 
 the Governor then appoints a Board of Police Commissioners, as above, 
 with the same general powers. 
 
 When the Governor thinks there is no further need of this kind of 
 government, a new city election is called by the Governor, and the 
 Police Board is discontinued. 
 
 f See under Taxation.
 
 30 Local Government in Kansas. 
 
 61. On petition, the Mayor and Council of any city, 
 or the Trustee of any township, may appoint an Inspec- 
 tor of Oih, who examines all coal, petroleum, or mineral 
 oils offered for sale, and determines their safety. If the 
 oil ignites at a temperature lower than one hundred and 
 ten degrees, the cask or barrel is branded " condemned," 
 and it is an offence against the statute to sell such oil. 
 Otherwise, the oil is branded " approved," and can then 
 be sold. Where an Inspector has been appointed, no oil 
 can be lawfully sold till he has inspected and approved it. 
 
 62. In the Street Commissioner we find the Road Over- 
 seer, and in the City Engineer the official Surveyor. 
 
 63. Schools. For educational purposes the city is 
 treated as one School District, under the general man- 
 agement of a Board of Education. In cities of the first 
 class, this consists of three members from each ward 
 if the city has no more than four wards ; but if more than, 
 four wards, then two from each ward one of whom, 
 in each ward, is elected by the citizens at large, annu- 
 ally. In cities of the second class, there are two mem- 
 bers from each ward, one of whom is chosen annually; 
 but if the city has more than ten thousand inhabitants, 
 then the Board consists of six citizens, two of whom are 
 chosen each year by the citizens at large. The Board 
 may, for the sake of convenience, divide the city into dis- 
 tricts ; and this is generally done, taking the ward lines 
 as district boundaries. Usually, each ward school has 
 its own Principal; while over all the Board places a 
 City Superintendent. County Superintendents have no 
 jurisdiction within cities of the first or second class. 
 For school purposes, cities of the third class are under 
 the same laws as those which control a country district
 
 Cities. 31 
 
 In cities of the first class the schools cannot be kept 
 open for more than nine months in each year, the tax 
 for the support of the schools cannot exceed ten mills 
 on the dollar when the assessed valuation is less than 
 three millions of dollars, and cannot exceed seven mills 
 on the dollar when the valuation is more than three 
 millions. 
 
 64. Conclusion. The real diftererfces between the gov- 
 ernments of cities of the several classes are very slight. 
 Cities of the third class have fewer officers, and can be 
 managed at much less expense. Character and com- 
 petency are almost the only qualities demanded in can- 
 didates for city offices. In many Kansas towns party 
 lines have been almost forgotten, and mere partisanship 
 stands a poor chance of success. As cities increase in 
 population, party lines become more manifest, largely 
 because city majorities can be made to control the result 
 of rural elections ; but it is the part of true wisdom to 
 repress this tendency as long as possible. 
 
 Git. There is a common saying that in the United 
 States, every city with a population of more than ten 
 thousand is governed by the worst class of its citizens. 
 This is not quite true, but indicates the popular feeling 
 that there is great danger of its becoming true. The 
 intense business and professional activity in cities, and 
 the many social attractions and opportunities for amuse- 
 ment, tend to make more thoughtful and responsible 
 citizens, those called " the better classes," neglect their 
 political duties. Thus, place and power are secured by 
 those who are unworthy. There is no alternative. Either 
 a city will be governed by the respectable portion of its 
 people, to the exclusion of the mob of idle and vicious
 
 32 Local Government in Kansas. 
 
 persons and those who live by their wits all of whom 
 drift into cities, because there they can be comparatively 
 lost in the crowd ; or the city and the respectable portion 
 of the community will be governed by this mob. No- 
 where more than in these large centers of population is 
 there needed constant care and watchfulness on the part 
 of every good citizen. 
 
 THE STATE. 
 
 6H. Organization. The people of the Territory of 
 Kansas having duly formed and ratified a Constitution 
 (that of Wyandotte) and State Government, republican 
 in form, and having asked admission to the Union, 
 Congress, by an act of admission, declared Knnsas one 
 of the United States. This act, approved January 29, 
 1861, defined the boundaries of the State; declared it 
 entitled to one Representative until the next general 
 apportionment of Representatives; gave to the State, for 
 school purposes, sections sixteen and thirty-six in each 
 township of public land ; granted seventy-two sections 
 of land for the support of a State University ; gave ten 
 sections of land for public buildings ; pledged the State 
 five per cent, of all sales of public land in Kansas ; and 
 created the State a Judicial District of the United States. 
 
 67- Elections. The election of State officers is held 
 at the time and place of voting for members of the State 
 Legislature, and under the same regulations. Indeed, 
 the names generally appear on the same ticket with the
 
 State Officers. 33 
 
 names of candidates for county offices. The vote for 
 State officers, however, is sent by the Clerks of the Can- 
 vassing Boards of the several counties to the Secretary 
 of State. The latter, the Lieutenant-Governor, and the 
 Attorney -General constitute the Board of State Canvass- 
 ers, with the same general powers and duties as those 
 of county boards. 
 
 68. Officers. The executive department consists of a 
 Governor, Lieutenant-Governor, Secretary of State, Audi- 
 tor, Treasurer, Attorney-General, and Superintendent of 
 Public Instruction. All these are elected by the people, 
 and each holds his office for two years. 
 
 69. The Governor is the supreme executive of the State, 
 and its general representative in business affairs. He 
 may call an extra session of the Legislature, and may 
 adjourn the Legislature if the two houses cannot agree 
 as to the time for adjournment. In a message sent to the 
 Legislature at the opening of each session, he reports the 
 condition of the State and of its institutions, and recom- 
 mends appropriate legislation. He transacts nearly all 
 the business of the State with the National Government. 
 He has power to pardon those under sentence of law; 
 and a sentence of death cannot be carried out unless he 
 issues a warrant to that effect.* The Great Seal of the 
 State is kept in the Governor's office. The Governor is 
 also Commander-in-chief of the militia, f 
 
 70. The Lieutenant- Governor is, by virtue of his office, 
 President of the Senate. In case of the disability of the 
 
 * Governors in this State have so very generally refrained from issuing 
 such warrants, that there is practically no death penalty in Kansas, 
 f See Constitutional Provisions. 
 3
 
 34 Local Government in Kansas. 
 
 Governor, for any reason, the duties and responsibilities 
 of his office devolve on the Lieutenant-Governor. 
 
 71. The Secretary of State has charge of all books, 
 maps, records, official bonds, and other valuable State 
 papers. In his office are kept all the enrolled bills and 
 resolutions of each Legislature ; and he has the care and 
 distribution of the printed laws of the State. 
 
 72. The duties of a State Auditor are those of a chief 
 book-keeper, and somewhat more. He keeps all the 
 accounts of the State ; approves all the accounts and 
 salaries of persons who may receive money from the 
 treasury, and issues orders, or warrants, for the payment 
 of these ; and he reports to each Legislature a detailed 
 estimate of the necessary expenses of the State until the 
 meeting of the next Legislature. He is also the Register 
 of the State Land Office, and has charge of the books in 
 which are preserved the records of the sales of State lands. 
 
 73. The State Treasurer receives and pays out all the 
 moneys of the State, keeping the usual detailed accounts 
 of the same, and making an explicit report to the Gov- 
 ernor once in two years. The Governor, Auditor, and 
 Secretary of State, as an Examining Board, once in each 
 month, without previous notice, inspect all the accounts 
 and funds of the treasury department. Any use whatever 
 of the State funds, in any manner and for any purpose 
 not determined by law, is made a statutory embezzlement. 
 
 74. The Attorney -General appears for the State, and 
 prosecutes and defends all actions and proceedings, civil 
 or criminal, in which the State is interested or is a party 
 He performs this duty in the Supreme Court of the State 
 by virtue of his office, and in any other court on request
 
 State Officers. 35 
 
 of the Governor. He gives legal advice to all County 
 Attorneys or other State officers whenever they may 
 apply to him. 
 
 75. Under the general superintendence and manage- 
 ment of the State Superintendent of Instruction* are the 
 entire educational interests of Kansas. He distributes 
 the income of the State school-fund to the counties from 
 which proper reports have been received ; visits each 
 county at least once in two years ; publishes the school 
 laws that are in force; advises with County Superin- 
 tendents ; and reports in detail to the Governor, prior to 
 each session of the Legislature, the condition of educa- 
 tional affairs in the State. 
 
 76. The State officers thus far mentioned, except the 
 Lieutenant-Governor, form what is known as the Ex- 
 ecutive Council. This has care and management of the 
 state-house and of the grounds about it, of the armory, 
 and of all other State property where no other provision 
 is made by law. It elects the three Railroad Commis- 
 sioners ; has advisory and confirming power in connection 
 with some of the Governor's appointments; and has 
 many other duties prescribed by the statute. 
 
 77. The Railroad Commissioners form a Board to which 
 are referred all questions as to freight or passenger charges, 
 the location of depots and side-tracks, and all other claims 
 or questions which may arise under the law regulating 
 railways. A Commissioner's term of office is three years. 
 
 78. The Lieutenant-Governor, Secretary of State. 
 Treasurer, Auditor, and Attorney-General are united in 
 
 * The Auditor, Treasurer and Superintendent are each authorized 
 to appoint a competent and suitable assistant, who shall be known as 
 Assistant Auditor, Treasurer, or Superintendent.
 
 36 Local Government in Kansas. 
 
 a Board known as the Board of Railroad Assessors whose 
 duty, it is to assess the property of all railroad corpora- 
 tions in the State for the purposes of taxation 
 
 79. To the Secretary of State, the Superintendent of 
 Public Instruction, and the Attorney-General, as the 
 School-Fund Commissioners, is entrusted the care, man- 
 agement, and investment of the school-fund of the State. 
 
 80. Whenever the State incurs a debt, a tax is levied 
 which will pay the interest each year, and also raise, 'each 
 year, an amount which, when laid by, will equal the prin- 
 cipal when the latter comes due. The part laid by each 
 year to pay the principal, is called the Sinking Fund ; and 
 is in charge of the Governor, Secretary of State, and State 
 Auditor, known as the Sinking-Fund Commissioners. 
 
 81. The State Agricultural Society is organized to 
 further the agricultural interests of the State. Every 
 County or District Agricultural Society which shall have 
 made a monthly and detailed report of the condition of 
 crops, of the noxious insects, and of the condition of stock 
 in its county or district, and shall have furnished such 
 other information as the State Board may require, is 
 entitled to send its President, or some other person, as a 
 delegate to the annual" meeting of the society. This is 
 held in Topeka, on the second Wednesday of January in 
 each year, and the usual officers are then elected. The 
 President, Vice-President, Secretary, Treasurer, and five 
 members chosen at the annual meeting, constitute the 
 regular State Board of Agriculture. Of this, the Governor 
 and Secretary of State are ex-ojficio members. 
 
 82. The State Board takes the census (the official 
 numbering of the people), and compiles all statistics
 
 Slate Officers. 37 
 
 and collects all manner of information that may be use- 
 ful to farmers, or which may prove desirable to those in 
 other States or countries looking for new homes. The 
 result of their labors is put in the form of a Biennial 
 Report, of which several thousand copies are printed for 
 general distribution. The society occupies large rooms 
 in the capitol, where are preserved and displayed spe- 
 cimens of the soils, products, and industries of the State. 
 
 83. Closely connected with the agricultural interests 
 of the State is the Live-Stock Sanitary Commission. 
 This Board is made up of three persons appointed by 
 the Governor, with the advice and consent of the Senate, 
 and has general oversight of the health of all live-stock 
 in the State. The State Veterinary Surgeon, also ap- 
 pointed by the Governor, acts with this commission ; the 
 object being to secure the best means of avoiding or 
 limiting contagious diseases in domestic animals. 
 
 84. The Academy of Science is really a department of 
 the State Board of Agriculture, but with a separate 
 organization and under its own officers. It holds a 
 regular annual meeting, at which the latest discoveries 
 and advancement in science are discussed. The Academy 
 has an office in the agricultural room, in the capitol, and 
 has special duties in the way of collecting and preserving 
 botanical and geological specimens. 
 
 85. The State Horticultural Society receives support 
 from the State in its work of investigating the various 
 methods in horticulture, and of collecting and dissemi- 
 nating all manner of information that may be useful to 
 fruit-growers. Like the Academy of Science, it is really 
 a department of the State Board of Agriculture. 
 
 86. The State Historical Society was organized to col-
 
 38 Local Government in Kansas. 
 
 lect books, maps, public and private letters and documents, 
 relics, and all and everything relating to the history of 
 Kansas in particular, and of the West in general. Mem- 
 bership is by election of the society and on payment of 
 certain fees ; and the members elect their own officers at 
 the annual meeting. The State provides rooms for the 
 collections, and appropriates certain amounts each legis- 
 lative session for the current expenses of the society, in- 
 cluding the salaries of the Secretary and of his assistants. 
 These are the librarians, and are the custodians of the 
 property of the organization. The expenditures of this 
 fund must be duly reported to the Governor. 
 
 87. The State Board of Education consists of the State 
 Superintendent of- Public Instruction, the Chancellor of 
 the State University, the President of the State Agricul- 
 tural College, and the Principal of the State Normal 
 School. This Board is authorized to issue State diplomas 
 to such professional teachers as may be found, upon 
 critical examination, to possess sufficient scholarship and 
 culture, to be of unexceptionable moral character, of 
 eminent professional experience and ability, and who 
 have taught two years in this State. The Board also 
 issues State certificates of two grades one valid for three 
 years, and one for five years. These are granted on 
 examination to those showing high qualifications as 
 teachers. The Board also prepares the questions used 
 in county examinations of teachers, by which a certain 
 uniformity and high grade of excellence is sought in 
 those receiving county certificates. It, determines who 
 may be conductors and instructors in County Normal 
 Institutes, and issues certificates to them. It is gene- 
 rally regarded by the State Superintendent as a sort 
 of advisory council, though it has no such legal posi-
 
 State Officers. 39 
 
 tion or duty. The members meet at Topeka on the 
 fourth Monday in August in each year, and at such 
 other times and places as they may deem necessary. 
 
 88. Three persons (one of whom must be an attorney) 
 are appointed by the Governor to act as a Board of 
 Pardons. All applications for pardons of persons un- 
 dergoing a sentence of law must be submitted to thia 
 Board, and it has authority to examine the facts in all 
 cases in which it seems a pardon might be granted. 
 The Board meets four times each year, in Topeka ; and 
 the members hold office during the pleasure of the 
 Governor. 
 
 89. All institutions for the defective classes are un- 
 der the general control of the State Board of Trustees 
 of Charitable Institutions, consisting of five persons, ap- 
 pointed by the Governor. The term of office is three 
 years. 
 
 .90. Nine physicians appointed by the Governor con- 
 stitute the State Board of Health. The term of office is 
 three years, and the holding is so arranged that three 
 members are appointed each year. The annual meeting 
 of the Board is held in Topeka, in June ; and quarterly 
 meetings are held there, or elsewhere, as the Board may 
 direct. The Board elects one of its own members as Sec- 
 retary, who is really the executive of the Board. It 
 has general authority to supervise the health interests 
 of the State. It collects statistics, publishes informa- 
 tion, inspects public buildings, can give authoritative 
 directions and take all necessary precautions in regard 
 to contagious diseases, and devotes its efforts to the 
 general improvement of the sanitary condition of the 
 commonwealth.
 
 40 Local Government in Kansas. 
 
 if I. The State Medical Examiners are appointed un- 
 der a special statute by the Kansas Medical Society 
 (Allopathic), the Eclectic Medical Society of Kansas, 
 and the Homoeopathic State Medical Society. All prac- 
 ticing physicians must hold certificates from one or the 
 other of these Examining Boards. Certain certificates 
 are given to those who hold diplomas from medical col- 
 leges : others, to those who are examined directly by 
 the Boards. These certificates must be recorded with 
 the County Clerk, and no person can practice medicine 
 or surgery until he has received and recorded his certifi- 
 cate. The usual penalties attach to any violation of 
 the act creating the Boards and regulating medical 
 practice. 
 
 92. The State Board of Pharmacy is composed of 
 five reputable and practicing pharmacists (druggists), 
 appointed by the Governor. The term of office is three 
 years. This Board has general supervision of the prac- 
 tice of pharmacy; must examine and register all who 
 wish to go into this business, either as druggists or as 
 druggists' clerks ; and issues certificates of competency, 
 or licenses applicants to keep, compound, and sell drugs 
 and medicines. The intention of the law creating this 
 Board was to prevent incompetent persons from dealing 
 in drugs, and to punish the adulteration of medicines 
 and chemicals. 
 
 93. A State Printer is chosen by the Legislature; 
 who does all the public printing such as stationery, 
 blanks, reports, etc. for State officers, and most of that 
 required in State institutions ; and whose term of office 
 is two years. 
 
 94. Bv and with the advice and consent of the Sen-
 
 State Officers. 41 
 
 ate, the Governor appoints a Superintendent of Insur- 
 ance, who holds his office for four years, and whose duty 
 it is to examine carefully tbe management and financial 
 condition of each insurance company that wishes to do 
 business in the State. He reports the result of such ex- 
 aminations publicly ; and if in any case it is not satis* 
 factory, he has power to revoke the authority by which 
 the company entered the State. 
 
 .9.5. The Governor also appoints a Librarian, who has 
 charge of the State Library, located in the capitol. 
 
 96. The Commissioner of Labor Statistics is appointed 
 by the Governor, and holds office two years. He is at 
 the head of the Bureau of Labor and Industrial Statis- 
 tics, and it is his duty to collect and put in proper form 
 all possible details relating to all kinds of labor in the 
 State ; especially the details of the social, educational, 
 and sanitary condition of the laboring classes, and of the 
 manufactures of the State. 
 
 97. The State Mine Inspector is appointed by the 
 Governor and the Executive Council, under a special 
 statute controling the operation and safety of mines. He 
 must be at least thirty years old, and have had five 
 years' experience working in and around coal-mines. 
 The term of office is two years. He visits each mine in 
 the State at least twice in each year, to see that every 
 possible precaution is taken against accidents, and that 
 all due regard is paid to the health of the workmen 
 while in the employ of a mining company ; and he col- 
 lects and reports to the Governor all statistics relating' 
 to mining in this State. 
 
 98. The Commissioner of fisheries is an officer ap-
 
 42 Local Government in Kansas. 
 
 pointed by the Governor, serving two years. His duties 
 are to examine the various rivers, lakes, and streams of 
 the State to learn whether, and how, they can be ren- 
 dered more productive of fish. He also sees that the 
 special statutes regarding fish are enforced. 
 
 99. The Governor appoints a Commissioner of For- 
 estry, who holds office two years. It is his duty to 
 establish two experimental stations in forestry of not 
 less than one hundred and sixty acres each, to hold pub- 
 lic forestry meetings in different parts of the State, and to 
 secure and disseminate all possible information as to the 
 best methods of planting and growing forest-trees. The 
 experimental stations are in Trego and Ford counties. 
 
 100. The Inspector of Oils tests all petroleum oils 
 offered for sale in this State, with a view to determining 
 their purity and safety. He is appointed by the Gov- 
 ernor, and holds office for two years. 
 
 101. The Silk Commissioner is appointed by the Presi- 
 dent and Secretary of the State Board of Agriculture, 
 and holds office for two years. It is his duty to super- 
 vise the experiments made in silk-culture at the State 
 Sitk Station, at Peabody. 
 
 102. The Governor appoints an Adjutant- General of 
 the State Militia, whose office is at the ca.pitol, and who 
 has general supervision of the organization, equipment, 
 drill, and active services of the militia. 
 
 103. The Governor may appoint a State Agent, who 
 prosecutes to a final decision, in the proper departments 
 of the National Government, all disputed claims of the 
 State against the United States. 
 
 104. Conclusion. State officers are connected with 
 greater trusts than those committed to lower officials,
 
 State Officers. 43 
 
 anil are in charge of matters which interest larger cir- 
 cles of citizens. There is need, therefore, of more 
 marked ability and of wider acquaintance with public 
 affairs. While there is little or no difference of opinion 
 as to the general management of the business of the 
 State, there will always be some poin's of public policy 
 on which men cannot agree. These are the foundations 
 of political parties. Because of the very close relations 
 existing between a State and the nation, and the constant 
 possibility of very desirable results depending on prompt 
 and cordial co-operation between the President and the 
 Governors of the respective States,* it has seemed proper 
 that an effort should be made to have the State and 
 National Governments under the control of the same 
 party. Sometimes, however, local issues prevent this, 
 and State affairs are left in very different hands. In 
 times of peace there is no special danger in this; it is even 
 desirable that home interests should not be overshadowed 
 by those of the nation. There is never a real conflict 
 between the two unless there is a violent sectional feel- 
 ing in the pursuit of selfish ends on the part of the State, 
 or usurpation of power on the part of the National Gov- 
 ernment. The remedy for the first is found in the 
 moral and intellectual uplifting of the great mass of the 
 people ; for the second, in a more careful selection of 
 our public servants. 
 
 No issue, national or local, should ever divert the 
 attention of the people from the one great aim of all 
 political action good government. 
 
 * As, when the President must call out the militia.
 
 44 Local Government in Kansas. . 
 
 THE LEGISLATURE. 
 
 1O5. Prelude. Kansas has the usual machinery for 
 making laws two legislative houses, called the House 
 of Representatives and the Senate. Together they form 
 the Legislature, sometimes called the Assembly, and are 
 often spoken of as the Upper House and the Lower 
 House. The number of members is regulated by law 
 and conforms to the State Constitution, which provides 
 that the number of Kepresentatives shall never exceed 
 one hundred and twenty-five, nor shall there be more 
 than forty Senators. 
 
 lOfi. Representation. Members are elected in what 
 are known as Senatorial and Representative Districts, the 
 boundaries of which are determined by the Legislature 
 itself.* One member only can be elected from each dis- 
 trict; and the citizens of one district cannot vote for 
 members in other districts. 
 
 107. The Senatorial Districts are made by combining 
 counties, except in the case of counties having unusually 
 large populations, when the county is made the district. 
 This is now true of fifteen counties. 
 
 108. The Representative Districts are made by com- 
 bining townships, or wards of cities, or both. Each 
 organized county casting not less than two hundred and 
 fifty votes is entitled to at least one Representative. An 
 organized county casting less than two hundred votes is 
 attached to the county east of it, and forms part of such 
 county, for purposes of representation. 
 
 Except so far as population controls in a general way, 
 there is no special rule governing the limits or bound- 
 aries of Legislative Districts; unless it be that the political 
 
 * See Constitution, paragraph 119.
 
 The Legislature. 45 
 
 party in power, when any new districts are to made, or 
 the boundaries of old ones changed, generally tries to 
 make such divisions as will secure its majorities in dis- 
 trict elections.* 
 
 109. Qualifications. No person can be a member of 
 the Legislature unless at the time of his election he is a 
 resident in the county or district for which he is elected, 
 and is a qualified voter there. No member of Congress 
 or officer of the United States, and no one who has been 
 convicted of embezzlement or of misuse of public funds, 
 can sit in the Legislature. 
 
 HO. Term of Office. Senators serve four years, and 
 Representatives two. The elections of the former come 
 in what are known as the presidential years, that is, the 
 years in which Presidents of the United States are elected. 
 Representatives are elected in each alternate year, in what 
 are sometimes called the " even," or the " off','' years. 
 
 111. Sessions. All sessions of the State Legislature 
 are held at the State capital ; and all regular sessions are 
 held once in two years, on the "odd" years. The regular 
 session opens on the second Tuesday in January. Each 
 member is allowed three dollars for each day's actual 
 service, and fifteen cents for each mile of necessary travel 
 in going and returning; but the total allowance for ser- 
 vice cannot exceed one hundred and fifty dollars for each 
 member. If the session lasts more than fifty days, there- 
 fore, members sit without pay. In the same manner the 
 statute makes provision for but thirty days in a special 
 session. 
 
 * This is more peculiarly true when the State is to be divided into 
 Congressional Districts. To divide a State in a way which is unnat- 
 ural and unfair, for party purposes, is called " gerrymandering."
 
 46 Local Government in Kansas. 
 
 112. Regular sessions are held by virtue of the law, 
 and need no call. A special session is called by the Gov- 
 ernor, at his own discretion, and is sometimes known as 
 a " called session." Joint sessions, in which both Houses 
 unite and act as one, are held for the election of United 
 States Senator ; and may be held for other purposes by 
 resolution of both Houses. All sessions are open and 
 pubhc, unless special circumstances demand secrecy. 
 
 113. Officers. Each house elects its own officers; ex- 
 cept that the Lieutenant-Governor is, by virtue of his 
 office, President of the Senate. The Senate elects a Sec- 
 retary and Assistant Secretary. The presiding officer in 
 the Lower House is called the Speaker. Among other 
 officers and employees in each house are the Clerks, who 
 have charge of all bills, resolutions, and other papers ; 
 the Postmaster, who looks after the mail of each mem- 
 ber; the Sergeant-at-Arms, who preserves order, com- 
 pels the attendance of absent members when so requested 
 by the house, and is a sort of general official messenger ; 
 the Doorkeepers, who guard the entrance to the floor, or 
 that part of the house occupied by members; and the 
 Pages, or the lads who wait on members" while the house 
 is in session. With the exception of the Speaker, all 
 officers and employees must be chosen outside the mem- 
 bership of either house. 
 
 114. Method of Business. Either house is organ- 
 ized when members have taken the oath of office, and 
 the Speaker and Chief Clerk have been chosen and have 
 qualified. Other officers are then elected. Committees 
 are appointed by the presiding officer in each house, one 
 for each general branch of business which will come 
 
 \D 
 
 before the Legislature ; as, the Ways and Means Commit-
 
 The Legislature. 47 
 
 tee, to which are referred all appropriations and general 
 expenditures ; the Committee on the Judiciary, on Rail- 
 roads, on Corporations, on Education, and on Federal 
 Relations. There are also Special Committees, which have 
 some one subject entrusted to them ; the others- being 
 called Standing Committees, because they are at work 
 on a given class of subjects during the entire session. 
 When either house wishes a general discussion of any 
 given topic, and a discussion carried on in a rather 
 more informal way than usual, it frequently sits as a 
 Committee of the Whole, under a Chairman elected for 
 that occasion only. 
 
 115. Most changes in the statutes of the State, new 
 laws, and special or personal acts come before the house 
 in the way of bills, petitions or resolutions introduced by 
 members. These are referred to the appropriate commit- 
 tees, which examine carefully into the purpose, form, and 
 general desirability of the proposed legislation. These 
 committees may call and examine witnesses, and may use 
 any and every lawful method for securing information 
 and prosecuting investigation. They can thus accom- 
 plish much which, by reason of the size and character 
 of the house, could not be reached in any other way. 
 This is why committees are sometimes called the eyes 
 and ears of the house. In certain senses they are the 
 hands and feet as well. 
 
 116. From the committees, each bill comes back to 
 the house in which it originated, for general consider- 
 ation in the Committee of the Whole. This committee 
 reports its action to the house, just as any other commit- 
 tee does. The house then accepts or amends the bill, and 
 it is then engrossed (or written out carefully) for a third
 
 18 Local Government in Kansas. 
 
 reading. Unless in case of emergency, each bill is read 
 on three separate days in each house. This rule may be 
 suspended by a two-thirds vote of the house while the 
 bill is pending ; that is, after it has been introduced and 
 is under discussion. But on its final passage every bill 
 must, under all circumstances, be read by sections. A 
 majority of all the members elected to either house must 
 vote in the affirmative in order to pass a bill. 
 
 Having passed in the house in which it was first 
 presented, the bill is sent to the other house for its con- 
 sideration. Here it may be passed, or amended. In the 
 latter case it goes back to the house in which it origi- 
 nated, to have the amendment considered or rejected. 
 A " lock in legislation " occurs when one house will not 
 agree to action in which the other persists. 
 
 118. Every bill passed by both houses is enrolled (copied 
 carefully upon the official roll of legislative acts), signed 
 by the Speaker and by the President of the Senate, and 
 is then sent to the Governor. If he approves it, he signs 
 it. If not, he sends it back to the Lower House with a 
 statement of his objections to it. The bill and the objec- 
 tions are then taken up and debated in each house by 
 turn, and if passed in each by a two-thirds vote of all 
 members elected it becomes a law. This is called over- 
 ridintj a veto. If the Governor does not return a bill 
 within three days (Sunday not counted) after ic is pre- 
 sented to him, it becomes a law, as though he had signed 
 it. This rule has one exception ; where the Legislature 
 adjourns within three days, so that a bill cannot be re- 
 turned, the bill fails. Sometimes, under this clause, the 
 Governor withholds a bill till the Legislature adjourns. 
 This is called a pocket veto.
 
 The Legislature. 49 
 
 119. The Legislature prescribes the time when its 
 acts shall go into force, and has them published as soon 
 as possible. No law of a general nature is in force until 
 it has been published in some newspaper lawfully desig- 
 nated for this purpose, or in a volume, under the direc- 
 tion of the Secretary of State. 
 
 120. Conclusion. The objects of legislation are al- 
 most without number, and are really limited only by 
 the general welfare of the State in all sections and local- 
 ities. Yet much is often attempted by the Legislature 
 which should be left to individuals ; and there are many 
 temptations and opportunities to legislate either un- 
 wisely, in a partisan way ; or viciously, in behalf of pri- 
 vate interests. This creates in this department of gov- 
 ernment, as in all others, a demand for men of character 
 as well as ability perhaps, in certain senses, even more 
 than ability. Integrity, intelligence, unselfishness these 
 are the prime characteristics of every wise and worthy 
 legislator. It may be added that when these requisites 
 have been secured not sooner party belief may prop- 
 erly influence the election of members; but largely be- 
 cause the Legislature in joint session elects the United 
 States Senator, who has a voice in determining the policy 
 and course of the nation. Below this point all issues 
 are local only, even though at times corresponding 
 quite closely to party lines. 
 
 THE JUDICIARY. 
 
 121. Organization. The State Constitution pro- 
 vides that the judicial power of the State shall be vest-
 
 50 Locul Government in J^ansas. 
 
 ed in a Supreme Court, District Courts, Probate Courts, 
 Justices of the Peace, and such other courts, inferior to 
 the Supreme Court, as may be provided by law. Un- 
 der this last clause have been established the Police 
 Courts in cities. 
 
 122. The Supreme Court consists of one Chief Justice 
 and two Associate Justices, who are elected bv the voters 
 in the State at large ; that is, without regard to any 
 special district. The term of office is six years. They 
 appoint a Clerk, who has charge of all the records and 
 papers of the Court ; and a Reporter, who compiles and 
 prepares for publication the decisions of the Court, with 
 brief statements of the cases in which the decisions were 
 rendered. There are also three Supreme Court Com- 
 missioners, appointed by the Governor, holding office for 
 three years, who assist in the general work of the Court 
 and are really so many more Associate Justices. Their 
 term expires in 1890. The Court meets at the State 
 capitol, on the first Tuesday in January and July of each 
 year. Special and adjourned terms are held as a major- 
 ity of the Court may direct. The greater number of cases 
 tried by this Court are those which come to it by appeal 
 from lower courts. 
 
 123. District Courts are held in what is known as 
 the Judicial Districts. Of these there are thirty-five, 
 created by the Legislature by combining certain coun- 
 ties. The statute also determines the times of holding 
 the regular terms in each district.* 
 
 * Court of Common Pleas of Sedgwick County. The work of the Dis- 
 trict Court of this county was so burdensome, and so much in arrears, 
 that the Legislature of 1889 created "a Court of Common Pleas, which 
 sliould cease to exist on the first Monday of April, 1891. Th*e Judge
 
 The Judiciary. 51 
 
 124. Each district has its own officers ; that is, the 
 Judge, the Clerks (one for each county), and the Stenog- 
 rapher. The chief duties of the Judyc are to preside 
 at all sessions of his Court; to hear and determine all 
 cases submitted directly to him, and all questions of law 
 in other cases ; and to have general supervision of all 
 cases submitted to a jury, as well as to instruct the jury 
 as to questions of law arising in the same. The Clerk 
 has charge of all papers and records of the Court, and is 
 responsible for their safe keeping. He is elected by the 
 voters in his county and serves for two years. The 
 Stenographer is appointed by the Judge, and at his dis- 
 cretion ; and makes full stenographic reports of all the 
 proceedings in any given case. 
 
 125. Probate Courts. Each county has its Probate 
 Court. This has care of the estates of deceased per- 
 sons, of minors, of persons of unsound mind, of habitual 
 drunkards, and of apprentices. The regular terms of 
 this Court commence on the first Monday in January, 
 April, July, and October of each year. As each term 
 extends to the Saturday preceding the next regular term, 
 the Court is really always in session. 
 
 126. Board of Arbitration. The District Court of 
 each county, or a judge of such court (in vacation), has 
 power, on presentation of petition signed by at least jive 
 workmen and two firms of employers, all residing in the 
 county, to appoint a tribunal for voluntary arbitration 
 and settlement of disputes between employers and em- 
 ployed in manufacturing, mechanical, mining, and other 
 
 is appointed by the Governor. The powers and methods of business 
 are generally those of the District Court. Four hundred of the actions 
 pending in the latter were at once transferred to the new court.
 
 52 Local Government in Kansas. 
 
 industries. The tribunal consists of two workmen and 
 two employers and an umpire. When the parties agree 
 to submit their difficulties to this Board of Arbitration, 
 its decision is final, unless " fraud, accident, or mistake " 
 can be proven in connection with its conclusions. 
 
 It is hoped that this action will provide a method by 
 which speedy and just settlements of such difficulties can 
 be reached, and strikes, interference with business, and 
 violence avoided. 
 
 227. Trial by Jury. Trial by jury is recognized in 
 the National Constitution, and in that of every State, as 
 being one of the very best means by which to secure the 
 liberties and rights of all citizens. There are two kinds 
 of juries; Grand and Petit. The Grand Jury consists 
 of fifteen members, and twelve must unite in passing upon 
 the bill of indictment. The sessions are secret ; and are 
 held for the purpose of inquiring into crimes and deter- 
 mining the evidence concerning suspected criminals. If 
 circumstances are such as to warrant the jury in believing 
 that an accused person ought to be tried, it finds what is 
 called a true bill against him, and he is then brought into 
 court for the usual trial. Unless a true bill is found, no 
 further proceedings are taken. In this State the Grand 
 Jury is called by an order of the Judge of the District 
 Court, issued at the request of one hundred tax-payers 
 of any county. 
 
 128. The Constitution of the State provides that in 
 all prosecutions the accused shall have a speedy and 
 public trial by an impartial jury of the county or dis- 
 trict in which the offence is said to have been committed. 
 In a large number of civil cases, also, a jury trial may 
 be had on demand. Great care is taken in the statute
 
 Tlie Judiciary. 53 
 
 to secure only men of " fair character and approved in- 
 tegrity." It is made the duty of the Trustee of each 
 township, and of the Mayor of each city, to make during 
 April of each year a list of such persons to serve as jurors 
 for the ensuing year. In each organized county having a 
 population of thirty thousand and upward, the Governor 
 appoints three Jury Commissioners, whose term of office 
 is two years, and whose duty it is to make up the list of 
 names from which the juries shall be drawn. These take 
 the place of the Trustees and Mayors. These lists are 
 sent to the County Clerk, who writes the names on sep- 
 arate pieces of paper and puts them all in a box. Then, 
 with two Justices and the Sheriff as witnesses, he draws 
 the names of from twelve to thirty-six persons as the 
 Court may order. Twelve of these form a Petit Jury, 
 and determine all questions of fact that come up during 
 a trial. Their verdict must be unanimous ; though it 
 has been thought it would be better to permit, say, 
 three-fourths to decide. 
 
 129. Juries in Justices' Courts, when called for, are 
 made up by the Justice writing the names of eighteen 
 citizens of the county ; from which list the parties to 
 the suit strike out each one name, alternately, till but 
 six remain which constitute the jury. This jury de- 
 termines questions both of law and of fact. 
 
 130. All jurors are summoned by the Sheriff or 
 proper officers of the Court.* 
 
 131. Conclusion. It has been said that no nation has 
 
 * The statutes exempt certain persons from jury service, declare 
 others to be debarred from such service, and permit the parties to a 
 case to challenge ; but this belongs more properly to the practice of th 
 law.
 
 54 Local Government in Kansas. 
 
 Jong survived the corruption of its courts. The judgu 
 should be above suspicion; the jury competent, honest, 
 fearless. No high-minded citizen will be content with 
 any result of our judicial system other than most exact 
 and impartial justice. When justice is bought and sold 
 it is no longer justice, and the end is very near. 
 
 TAXATION. 
 
 132. Prelude. The State, the Government, is simply 
 the agent of the people, and an agent whose necessary 
 expenses must be paid. Often this agent is called on to 
 make certain expenditures in behalf of its principal 
 the people ; .and the latter must in some way pay the 
 bills. The method of raising the amount necessary to 
 meet these expenditures and expenses is called Taxation, 
 and the amounts themselves are called Taxes. 
 
 As the only legal ground on which any tax can be 
 collected by the Government whether it be that of the 
 Nation, of the State, of the County, of the Township, or 
 of the School District is that it has rendered, or promises 
 to render, a service which is fully equivalent to the amount 
 collected ; in other words, that we are to receive all we 
 pay for it follows that we should examine very closely 
 the entire proceedings of assessing, levying, and collect- 
 ing, in order that we may know that our money is 
 properly taken and judiciously expended. 
 
 133. Four Canons. There are four rules, or canons, 
 which are admitted by every one to control all wise tax- 
 ation. These are :
 
 Taxation. 
 
 55 
 
 1. Citizens should pay taxes in proportion to their 
 ability to pay. 
 
 2. The tax which each must pay should be determined 
 by some fixed rule which applies to all, and should not 
 be arbitrary ; and the time of payment, the manner of 
 payment, the amount to be paid, should be perfectly clear 
 and plain to the one who pays and to every one else. 
 
 3. The tax should become due, as nearly as possible, at 
 the time and in the manner in which it will most likely 
 be convenient for the great mass of citizens to pay. 
 
 4. The tax should be so raised as to ensure the least 
 cost of collection ; it should be collected as short a time 
 as possible before really needed ; and there should be 
 very little surplus. 
 
 134. Kinds of Taxes.* Every one pays at least one 
 tax, and most people pay several taxes. These are levied 
 
 * The following table has been prepared to indicate briefly the gene- 
 ral classes of taxation to which citizens are subject: 
 
 Kind of Tax. 
 
 Amount 
 Determined By. 
 
 Levied On. 
 
 Paid To. 
 
 National . . 
 
 Congress. 
 
 ( Imported goods. 
 < Tobacco, liquors, 
 ( * occupations. 
 
 ( Customs officers ; 
 1 and in enhanced 
 I prices. 
 
 
 
 
 [ District collectors. 
 
 State .... 
 
 Legislature. 
 
 / Real estate and per- 
 ( sonal property. 
 
 ( County Treas. ) . 
 I Towns'p Trr as. / T 
 
 County . . . 
 
 County Board Comm's. 
 
 | Real estate and per- 
 \ sonal property. 
 
 
 Municipal ; as 
 Township. 
 
 Direct vote of citizens. 
 
 f Real estate and per- 
 l sonal property. 
 
 " 
 
 School-District 
 
 
 
 < Real estate ami per- 
 \ sonal property. 
 
 f County Treasurer. 
 \ Dist. Treasurer. 
 
 Village ) 
 
 ( Trustees. 
 
 
 
 Town U 
 City j 
 
 l< Common Council. 
 (. Board of Aldermen. 
 
 | Real estate and per- 
 I soual property. 
 
 f County Treasurer. 
 i Local Treasurer. 
 
 * Dealers in liquors and tobacco. 
 
 tThe county system prevails wirhin the limits of government surveys. The 
 parish system of the South is somewhat analogous to this. The township system 
 gives the utmost local freedom, and belongs to New England and the Eastern States 
 [generally]. 
 
 1 These terms are often interchangeable. 
 
 g Different names for the local, representative, government.
 
 56 Local Government in Kansas. 
 
 for different purposes, and by different officers. Of some 
 of these we have already spoken, but it will be well to 
 bring them all together for review. 
 
 Every male person who has been thirty days in this 
 State, and who is between the ages of twenty-one and 
 forty-five, is liable to a Road Tax. This consists of two 
 days' work on the road, under the lioad Overseer; but 
 actual labor may be avoided by paying a dollar and a 
 half for each day. For the purposes of this tax every 
 city is a Eoad District. This tax is levied by a general 
 statute. 
 
 135. The statute gives cities of the second and third 
 class the right to levy a Poll Tax, or a tax on each head, 
 of not to exceed one dollar, on all male citizens between 
 the ages of twenty-one and fifty. In cities of the third 
 class this tax is collected by the City Treasurer. 
 
 136. All cities may also levy what is called an Occu- 
 pation Tax; that is, a tax on a man's business as such, 
 without much regard to how much business he does. 
 This is paid to the City Treasurer. 
 
 137* In all cities there are special taxes, sometimes 
 called Improvement Taxes, or Assessments ; such as taxes 
 for sidewalks or sewers or pavements. These generally 
 fall on the property nearest the improvement. 
 
 138. But nearly all other taxes fall on such real and 
 personal property* as is not exempt by law,f and are 
 paid to the County Treasurer. These are : 
 
 * Real property is land, buildings and other improvements, mines, 
 and quarries. Personal property is everything other than real property ; 
 such as money, notes, bonds, mortgages, farm stock, and movable prop- 
 erty in general. 
 
 f Such as churches, school-houses, cemeteries, public libraries, public
 
 Taxation. 57 
 
 The District Tax, which is voted for school purposes 
 by the citizeos of each School District. 
 
 The Township Tax, which is levied for bridge repairs, 
 culverts, and similar purposes, or to pay township bonds 
 or the interest on them. 
 
 The County Tax, which is levied by the County Board 
 of Commissioners for the general expenses of the county 
 government; such as salaries of officials, buildings, 
 bridges, and other county matters. 
 
 All ordinary City Taxes, which are determined by the 
 Mayor and Council. 
 
 The State Tax, which is levied by the Legislature to 
 meet the ordinary expenses of State government, and to 
 support State institutions of every kind. 
 
 139. The System. The Township Trustee is, by vir- 
 tue of his office, the Township Assessor. In cities of the 
 first and second class, the Mayor and Council appoint a 
 City Assessor, in February of each year. 
 
 The Assessor first makes a list of all the real estate 
 within his township or city, with the taxable value of 
 the same (determined by himself), and the names of the 
 owners of the different tracts. He then secures, through 
 the owners, on blanks prepared for that purpose, lists 
 of all taxable personal property, to which he affixes the 
 value. These lists are given to the County Clerk, who 
 enters them on what are known as the Tax-Rolls. 
 
 140. On the first Monday of June of each year, the 
 Board of County Commissioners meet as a Board of 
 Equalization. The County Clerk presents the tax-rolls. 
 
 property of all kinds, and personal property to the amount of $200 for 
 each family.
 
 53 Local Govwnment in Kansas. 
 
 Any person feeling that he is unduly assessed may ap- 
 pear before the Board and present his case ; the Board 
 having power to correct all errors and to right all wrongs 
 that may be proven to exist. They can also use their 
 discretion in certain matters, even though no complaint 
 is made ; as, where any lands in the county seem to be 
 assessed too high or too low, compared with the average 
 valuation of similar property through the entire county. 
 After the rolls have been equalized, they are sent to the 
 State Auditor. 
 
 141. On the second Wednesday of July in each year, 
 the Secretary of State, State Auditor, and State Treas- 
 urer meet at the Capitol as a State Board of Equalization. 
 They act for the whole State as the County Board does 
 for the county; only now it is cities or counties appearing 
 and complaining instead of individuals. The rolls thus 
 corrected are sent back to the respective County Clerks ; 
 and with each goes a statement of how much of the State 
 tax must be paid by that county. 
 
 142. The County Commissioners, the Mayor and 
 Council of any city, the Township Trustee, the School 
 District Board, and the Board of Education of any city, 
 then notify the County Clerk of the per cent, which 
 each is authorized to raise for that year. The Clerk 
 enters these, and the per cent, necessary to raise the 
 State tax, on the rolls. Immediately after the first day 
 of August he computes the amounts which each person 
 taxed must pay. He must finish the rolls by the first 
 day of November. 
 
 On that day all taxes become a legal charge upon the 
 land taxed, and remain so until they are paid. The rolls 
 pass into the hands of the County Treasurer, and pay
 
 Taxation. 59 
 
 ment must be made at his office. A person may pay 
 the whole amount of his taxes on or before December 
 20th. in each year ; in which case he is entitled to a re- 
 duction of five per cent, on one-half the amount paid. 
 Or he may pay half his tax on or before the twentieth 
 of December, and half on or before June 20th subject 
 to a penalty of five per cent, in case of failure. 
 
 If personal taxes are not paid, the Treasurer issues 
 a warrant directed to the Sheriff, commanding him to 
 seize the personal property of the person not paying, and 
 sell it to pay taxes and expense of collection. 
 
 If real estate taxes are not paid, the land is adver- 
 tised and sold by the County Treasurer, in September 
 after the taxes first become due. If there are no bid- 
 ders it goes to the county. Any land so sold may be 
 redeemed at any time within three years from the date 
 of the sale, by the owner's paying all taxes and costs 
 and interest on all of these at the rate of twenty-four 
 per cent, per annum. 
 
 143. Conclusion. As it is really the local govern- 
 ment that does most for us, it should be the local gov- 
 ernment that raises the largest taxes. The county and 
 district taxes, or the county and city taxes, are always 
 much higher than those of the State. If this is not 
 true, the matter needs attention. 
 
 All local taxation is under our very eyes and should 
 be carefully watched and wisely criticised. The best 
 rule for laying and collecting taxes is that they should 
 be a good investment. The money ought to bring us 
 more than we could get by expending it for the same 
 purpose in any other way. If nothing is gained by es- 
 tablishing a common fund, a common treasury, then, in
 
 60 Local Government in Kansas. 
 
 this at least, government is an expensive luxury or a 
 mere farce. 
 
 Here, again, we see reason for great care in the selec- 
 tion of officers. The assessors, and all other officials 
 connected with taxation, have great power and great 
 responsibility ; and, though we have established several 
 checks on misdoing and ignorance, intelligence, ability ? 
 and above all character, are prime factors in any success- 
 ful solution of the problem, " How shall the revenues of 
 our government be raised ? " 
 
 Another thought. He who withholds his share of a 
 tax, by any means, throws an unjust burden on his 
 neighbors, and is guilty of a great social wrong. Sup- 
 pose the total tax in a township owned by A and B is 
 $400. If A and B have each the same amount of prop- 
 erty, each should pay the same tax $200. If A "swears 
 down " his assessment, or " makes friends with the as- 
 sessor," or secretes half his property, then not only will 
 he pay $100 less than he ought to pay, but B will pay 
 $100 more than is just ; for the $400 tax must be col- 
 lected. This illustrates what happens when any citizen 
 evades a just tax. He robs every other person in the 
 community there is no other word for it. All good 
 citizens should unite in a determined effort to put an 
 end to this kind of dishonesty.
 
 Higher Education. 61 
 
 HIGHER EDUCATION. 
 
 144. In addition to the District Schools the State 
 makes provision for higher education, as follows : 
 
 143. Graded Schools. These may be established 
 whenever the people of two or more districts wish to 
 unite for this purpose. This is determined by a major- 
 ity vote of the citizens of each district ; and at a joint 
 meeting they proceed to elect officers for the Union 
 District, and conduct all school business thereafter as 
 though it were but a single district. 
 
 14<>. High Schools These are encouraged by the 
 Constitution, and are intended to furnish somewhat 
 advanced education to those who for any reason cannot 
 attend institutions of higher learning. They also give 
 suitable preparation to those who can attend. As thus 
 far established, they are very generally departments of 
 graded or city schools, and are under the same general 
 management. 
 
 147. County High SchooJs. Each county having a 
 population of six thousand inhabitants or over may estab- 
 lish a County High School. The County Commissioners, 
 on petition of one-third the electors of the county, or at 
 their own discretion, give notice twenty days before a 
 general election (or before a special election called for 
 this purpose) that they will submit to the electors the 
 question of the establishment of a County High School 
 at a given place. When established, the School is under 
 the charge of a board of six Trustees, two of whom are 
 elected from the county at large each year. The term 
 of office is three years. The County Superintendent is 
 ex-officio president of the board.
 
 62 Local Government in Kansas. 
 
 Three courses of study are provided : a General Course, 
 a Normal Course, and a Collegiate Course. The General 
 Course is designed for those who cannot continue school- 
 life after leaving the High School. The Normal Course 
 is designed for those who intend to become teachers, and 
 fully prepares those who wish to take up the first year 
 of professional work at the State Normal School. The 
 Collegiate Course fully prepares for the Freshman Class 
 of the State University, of the State Agricultural Col- 
 lege, or of any other institution of higher learning in 
 the State. Tuition is free to all pupils residing in the 
 county. Only those who have completed the work -in 
 the District Schools of the county can attend. 
 
 The design of the law is to furnish advantages for 
 such thorough instruction as can be secured in the well- 
 known academies of older States. 
 
 148. Normal Schools. Provision is made for these 
 in the Constitution, Thus far the State has but one, 
 that at Ernporia. The government is in the hands of 
 a Board of Regents, six in number, appointed by the 
 Governor and confirmed by the Senate. Its revenues 
 are from a grant of land comprising the six sections 
 adjoining, or as contiguous as may be, to each salt spring 
 in the State (not exceeding twelve springs in all), not 
 including the sections on which the springs are located. 
 In addition to this, it may receive appropriations from 
 the Legislature.* 
 
 * The State provides for further normal work in County Normal In- 
 stitutes. These are established under the general supervision of the 
 County Superintendent of Public Instruction. They are held in the 
 summer, and run from four to eight weeks. Each has a Conductor, who 
 has general control of the Institute, and is the leading instructor ; and
 
 Higher Education. 63 
 
 149. The Agricultural College. This is located at 
 Manhattan, and is endowed, under an act of Congress 
 establishing colleges " to teach such branches of learn- 
 ing as are related to agriculture and the mechanic arts," 
 with the proceeds of sale of nearly ninety thousand acres 
 of land, over $500,000. Buildings and general appa- 
 ratus are provided by the State appropriations. It has 
 a general course of study in English, mathematics, and 
 the sciences, with special adaptation to the various in- 
 dustries of the State, training in which is provided upon 
 the farm and in the shops connected with the college. 
 Military science and tactics are taught as required by 
 law of Congress. Tuition is free. 
 
 150. TJie State University. This is located at Law- 
 /rence, and represents the highest form of general culture 
 
 under the patronage of the State. Its endowment con- 
 sists of the proceeds of the sale of seventy-two sections of 
 land granted by Congress, to the returns from which 
 are added regular Legislative grants. Its departments 
 are: a department of the literatures; a department of 
 the sciences; a department of the arts. Tuition is free. 
 The management of these last two institutions is pro- 
 vided for in much the same way as that of the State Nor- 
 mal School. The regents of each educational institution 
 receive compensation for their services while actually 
 engaged, and an allowance for traveling expenses. 
 
 151. Conclusion. The fact should never be forgotten 
 that these three institutions are just as much a part of 
 
 several Instructors who teach specific branches. These Institutes are 
 intended to teach teachers how to teach. Each person attending pays a 
 small fee ; and the State and county aid in meeting the necessary ex- 
 penses of instruction not covered by these receipts. 

 
 64 Local Government in Kansas. 
 
 the school system of the State as are the common schools. 
 No system of education is at all complete which stops 
 with the mere rudiments of learning. Indeed, if we com- 
 pare the studies of the common schools with most of 
 the studies in higher courses, the latter will be found to 
 be more practical, and to more directly aid in building 
 up strong and wise citizens. Thoughtful parents will 
 make many sacrifices, if necessary, to secure these benefits 
 for their children. Young men and young women who 
 desire to do good work wherever their lines of life may 
 fall, should put forth every effort to place themselves 
 under these beneficent influences. The State, recognizing 
 the rich returns from such investments, should see that 
 every facility is afforded each institution for doing the 
 best possible work in its own chosen field. 
 
 BENEVOLENT AND PENAL INSTITUTIONS. 
 
 152. Prelude. There is, perhaps, no surer proof of 
 advanced and advancing civilization, than the manner in 
 which society cares for the defective the imperfect" 
 classes, and administers lawful punishment to evil-doers. 
 Every one recognizes that age, infirmity, and misfortune 
 may and do create claims upon both the sympathy and 
 aid of society ; while the very name, penitentiary, indi- 
 cates clearly that we have wisely established a place 
 where law-breakers presumably penitent shall be pun- 
 ished and, that which we so often forget, reformed. 
 
 153. Four Classes. There are four great classes 
 which need the almost constant care of society. (1) The 
 defective ; (2) paupers ; (3) vagabonds ; (4) criminals.
 
 Benevolent Institutions. 65 
 
 154. First Class. The defective include the insane, 
 the blind, the deaf and dumb, and the feeble-minded (or 
 idiotic). For all these our State makes quite ample 
 provision. 
 
 The insane are divided into two classes ; those needing 
 only general care and oversight, and those needing special 
 treatment. For the first, the law provides guardianship. 
 This is secured through the Probate Court, which has 
 special jurisdiction in all such cases. Information of the 
 insanity is duly given, and a jury of six persons, one of 
 whom must be a physician in regular practice and of good 
 standing, hears the facts in the case and determines the 
 condition of the person. If the Court thinks it unnec- 
 essary to send the person to an asylum, the Probate 
 Judge appoints a guardian, who must give bonds, and 
 who is entrusted with all the property and business of 
 the lunatic. This guardian acts very largely under the 
 advice and control of the Probate Judge, and may be 
 removed by the latter for neglecting business or for dis- 
 obeying any order of the Court. Probably no better wav 
 could be devised for protecting all the interests of a per- 
 son of unsound mind. Yet the opportunities for fraud 
 on the part of both the guardian and the Court are very 
 many ; and the very helplessness of the lunatic should in- 
 crease the care with which we select our Probate Judges. 
 
 If the Judge thinks the person needs special treatment, 
 he applies to the Superintendent of one of the State In- 
 sane Asylums for the admission of the lunatic, which is 
 granted whenever there is room for such patient. Of 
 these asylums Kansas has two, one at Osaw atomic, the 
 other at Topeka. The buildings are erected at public 
 expense, and a large share of the cost of maintaining the
 
 66 Local Government in Kansas. 
 
 institutions is met from the State treasury. Whenever 
 the patient has means sufficient for his own support and 
 that of his family (if he has one), the Probate Court 
 orders the guardian to pay for his maintenance at the 
 asylum. If he is not able to support himself and his 
 family (if he has one), or if he is a minor and his family 
 is not able to support him, the county in which he resides 
 is made responsible for his maintenance while under 
 treatment. If restored to health, he is at once restored 
 to liberty as well, and to full control of his property. 
 
 155. The Asylum for the Blind, or, as it is now called, 
 the Kansas Institution for the Education of the Blind, is 
 situated at Wyandotte. It is in charge of a superinten- 
 dent, with the usual teachers. As far as possible, the 
 family or friends of the blind pupils contribute towards 
 their support. Failing in this, however, the Overseer 
 of the Poor in the township in which the pupil resides 
 makes due provision from public funds for his care and 
 instruction. Besides general schooling, the pupils are 
 taught some useful trade or calling. 
 
 156. The Institution for the Education of the Deaf and 
 Dumb is located at Olathe. In general management, 
 regulation, and instruction, it is very similar to the 
 Asylum for the Blind. 
 
 This is also true of the Asylum for the Feeble-minded, 
 located at Winfield. 
 
 157. Second Class. Paupers are those who are un- 
 able to supply themselves with the necessaries of life, 
 and are compelled to ask either for entire support or for 
 aid. The statute requires each county to support its own 
 poor, and makes the Township Trustees and the Mayor 
 and Council of each citv Overseers of the Poor. These
 
 Benevolent Institutions. 67 
 
 Overseers examine all cases reported to them, and de- 
 termine the amount of relief needed and in what way it 
 shall be granted. Several plans are followed. Some- 
 times aid is given directly to the persons in need. In 
 certain cases others are paid the reasonable cost of caring 
 for the pauper. Children of paupers may be bound out 
 by the Overseers ; that is, may be compelled to enter the 
 service of others, working as far as possible for their own 
 support. Most counties own what is known as a Poor- 
 house^ or Poor-farm, where, under a Superintendent, the 
 poor are cared for and the farm worked in their behalf 
 the paupers performing as much labor as possible. 
 
 158. The treatment and care of the poor does not re- 
 ceive as much nor as intelligent attention as it deserves. 
 There is a wide difference between the worthy poor and 
 those who are made paupers by their own idleness or 
 viciousness. How to separate these; what shall be the 
 plan for assisting each ; how to make the receiving of aid 
 sufficiently disgraceful and unsatisfactory to prevent an 
 increase of paupers, and, at the same time, avoid neglect- 
 ing those who really deserve assistance ; how to prevent 
 the terribly demoralizing effects of herding all classes and 
 sexes together, as is only too common in some of our 
 poor-houses ; how best to help both classes help them- 
 selves ; how to lessen poverty ; these are questions to 
 which every citizen should give most careful thought. 
 
 In this connection should be noted one specific pro- 
 vision of the statutes. In case of the death of an ex- 
 Union soldier, sailor, or marine, without leaving means 
 sufficient to defray the funeral expenses, the Township 
 Trustee, or some other person appointed by the County 
 Commissioners, is authorized to see that the body is
 
 68 Local Government in Kansas. 
 
 decently buried (the expense not to exceed $50) and the 
 grave marked by a suitable headstone not to cost more 
 than $20. 
 
 159. The Soldiers Orphans' Home is in charge of the 
 Trustees of State Charities, and provides for the educa- 
 tion and maintenance of all poor children between the 
 ages of two and fourteen years, preference being given 
 to children of disabled ex-Union soldiers or sailors, or of 
 those who have died poor. The children cannot be kept 
 at the Home after they are sixteen years old. This in- 
 stitution is located at Atchison. 
 
 These expressions of gratitude to the men who per- 
 petuated the Union are among the most worthy we have 
 placed in our laws. 
 
 160. The St. Vincent Orphan Asylum, at Leaven- 
 worth, receives orphan, destitute and friendless children, 
 and secures homes for them; binding them out or ap- 
 prenticing them whenever it may seem desirable, but 
 never longer than until they come of age. It is not 
 under the control of the State, but is aided by Legis- 
 lative appropriations. 
 
 161. Third Class. Vagabonds are those who wander 
 about from place to place, or loiter around any given 
 place, without any occupation or any visible means of 
 support. The statute of Kansas calls them vac/rants 
 under certain circumstances,* and inflicts either fine or 
 imprisonment. As every county is presumed to care for 
 its own deserving poor, vagabondage is thought to indi- 
 cate wilful and vicious neglect of self-support, and there- 
 fore the law strikes sharply at such offenders. 
 
 * When found in drinking saloons, or gambling houses, or other places 
 of ill repute ; or, if able-bodied married men, when neglecting the sup- 
 <x>rt of their families
 
 Penal Institutions. 69 
 
 162. Fourth Class. Criminals, under 4he statute, are 
 those guilty of any violation of law. Acts or omissions 
 for which the laws of this State inflict punishment are 
 called Public Offences. Of these there are two classes: 
 Felonies, or offences punished by death or by confinement 
 at hard labor in the penitentiary ; Misdemeanors, a name 
 applied to all offences which are not felonies.* The 
 places for detention and punishment are the city prisons, 
 the county jails, the State penitentiary, the reform school, 
 and the State reformatory. 
 
 163. City prisons are under the control of the city 
 authorities, and are occupied only by those violating the 
 city ordinances. Cities of the second and third class are 
 permitted by law to use the county jail as a city prison 
 if they so desire. 
 
 164. A County jail is provided by each county organ- 
 ized for judicial purposes. It is built at the county-seat, 
 and is inspected by the County Judge and the County 
 Attorney at each term of court. The Sheriff has charge 
 of the jail and of the prisoners, and supplies the latter 
 with all necessaries. The occupants of a county jail are 
 those awaiting trial, those undergoing punishment, and 
 those awaiting transfer to the penitentiary. 
 
 165. The statute recognizes the dangers of association 
 and of crowding, and endeavors to guard against this. 
 It declares that all prisoners shall be treated with human- 
 ity, and in a manner calculated to promote their refor- 
 mation. If the jail will admit this, the younger prisoners 
 are kept separate from more experienced and hardened 
 
 * The statute also speaks of infamous crimes, by which are meant acts 
 for which the offenders are declared disqualified, or rendered incompetent, 
 to be jurors, or to vote, or to hold office.
 
 70 Local Government in Kansas. 
 
 criminals. Women are given separate rooms. Parents 
 and friends who desire to exert a moral influence over 
 the offenders are permitted to visit them at all reasonable 
 times. A Bible or Testament is given to each prisoner, 
 and ministers of the gospel can converse with them at 
 any proper season. 
 
 Notwithstanding all this, it is to be feared that the 
 influence of the greater number of our city prisons and 
 county jails is simply terrible. No regular labor is ex- 
 acted of the prisoners, and idleness and association with 
 others of his own class must be very demoralizing to 
 every man within the walls. Very few jails are large 
 enough to fully meet the demands made on their space, 
 and almost none are well ventilated. The sexes are not 
 often separated during the day, nor always even at night; 
 hardened criminals and children are often thrown to- 
 gether ; there is no employment for either mind or body. 
 Competent inspectors, in various States, say emphatically, 
 "The common county jails are the common schools of crime 
 and vice" Common humanity, common decency, a due 
 regard for common public safety, unite in demanding that 
 good citizens shall study this question with the greatest 
 care, and bring to bear upon it all the results of the 
 widest and most accurate investigation. 
 
 166. The Penitentiary is situated at Lansing, near 
 Leaven worth. The general management is in the hands 
 of three Directors, appointed by the Governor. Each 
 Director holds office three years. The officers directly 
 in charge are a Warden, who is the principal keeper, and 
 must reside at the penitentiary; a Clerk, a Physician and 
 Surgeon, a Chaplain, a Deputy - Warden, such Assistant 
 Keepers as the warden and the directors may deem neces-
 
 Penal Institutions. 71 
 
 sary, and an Architect, who is superintendent of the con- 
 struction of the buildings and walls. Of these, the first 
 and last are appointed by the Governor ; the others, by 
 the directors. 
 
 The punishment at the penitentiary includes the hard 
 labor exacted of every convict, the absolute silence which 
 he is compe-lled to maintain, and the fact that, though 
 working with others, he is really alone, because of nothing 
 but physical companionship. To this was once added 
 hard fare ; but at present the diet, in quantity and quality, 
 is rather better than that to which the average prisoner 
 is accustomed before conviction. As a means of occasional 
 and special punishment, however, scanty fare is still used. 
 
 Kansas employs its convicts in two ways : di- 
 rectly for the State, as in mining coal at the penitentiary 
 shaft, or in various kinds of labor about the institution 
 itself; or by hiring the convicts on contracts to those 
 who will use them in some industry carried on inside the 
 prison walls. In this way the prisoners are kept busy, 
 have an opportunity of earning something for themselves, 
 and can make the institution in a measure, if not entirely, 
 self-supporting. The women, always quite few in num- 
 ber, are confined in separate quarters, and employed in 
 work connected directly with the institution. 
 
 Effort is put forth iu several directions to reform the 
 convicts. The statute requires that three hundred dollars 
 shall be spent each year for books for their use. The 
 chaplain is expected to do a great deal towards instruct- 
 ing them and guiding them to a better life. They are 
 taught some useful trade, which they may follow when 
 they are again free. A small per cent, of their wages is 
 laid aside to be given them when they are discharged ;
 
 72 Local Government in Kansas. 
 
 which savings may be forfeited by bad conduct. Good 
 conduct entitles a convict to a deduction of three days 
 per month for the first year, six days per month for the 
 second year, and eight days per month for each year 
 thereafter. All these measures tend to encourage the 
 prisoner to reform and to prepare for a better use of his 
 freedom when it comes. It is gratifying to know that 
 they are successful in the greater number of cases. 
 
 168. The State Reform School is near Topeka, on a 
 farm of a hundred and sixty acres. It is under the gen- 
 eral oversight of the State Board of Trustees of Chari- 
 table Institutions ; and in special charge of a Superin- 
 tendent, Matron, and other and usual officers and teachers. 
 Boys under sixteen years of age whose sentence renders 
 them liable to imprisonment, or who lead a vagrant life 
 and cannot be controlled by parents or guardians, may 
 be sent to this school. There they remain till they are 
 twenty-one years of age, unless discharged or bound as 
 apprentices. They are given general instruction, are 
 taught to labor, and are placed under all influences that 
 the State can control which may lead to reform. 
 
 The State Industrial School for Girls is located at Be- 
 loit. Its purposes and management are similar to those 
 of the State Reform School. 
 
 These schools are an outgrowth of the feeling already 
 referred to that young offenders should not be confined 
 with more experienced and hardened criminals. 
 
 169. The State Reformatory is located at Hutchinson, 
 and is intended for older male convicts who are not known 
 to have been sentenced to State's prison, in this State or 
 elsewhere. They must be between the ages of sixteen 
 and twenty-five. As the name indicates, it is hoped
 
 Land Surveys. 73 
 
 that those not yet hardened in crime may be reformed 
 by wise and kind treatment. The managers may use 
 either farm work or mechanical industry as part of the 
 means for securing good habits and a better life. The 
 general management is much like that of the penitentiary. 
 
 17O. Conclusion. We have learned much during the 
 last half century about the proper and wise treatment 
 of criminals ; but the great problem for all good citizens 
 to aid in solving is how to lessen or prevent crime. Un- 
 doubtedly a proper study of this question will show us 
 thai the only method is to go right into the families of 
 the vicious, and separate children, at an early age, from 
 criminal parents; placing them under influences that 
 tend to honest and industrious lives. Just how this can 
 best be done, if at all, is yet to be determined. 
 
 LAND SURVEYS. 
 
 171. Prelude. The National Government has adopt- 
 ed a system of surveying the public lands which touches 
 the every-day life of all citizens so closely as to deserve 
 some explanation. In this State, as in all Western 
 States, nearly all lands outside of cities is described (or 
 bounded) and bought and sold according to this public 
 or Government Survey. Every resident, therefore, should 
 know something of the system, and of the meaning of 
 the terms used in connection with it.
 
 74 Local Government in Kansas. 
 
 172. Principal Meridian. Choosing some natural 
 and permanent point, as the junction of two rivers or a 
 solitary hill or mountain, the surveyors run a line north 
 or south from this point, called the initial point. This 
 line is called the principal meridian. In the Govern- 
 ment system, the first of these is the western boundary 
 of Ohio. The sixth is the meridian for Kansas; and 
 is the west line of Washington, Clay, Dickinson, and 
 Marion counties. 
 
 173. Base Line. Crossing the principal meridian 
 at right angles, that is, running east and west, is a line 
 known as the base line. The base line for Kansas is the 
 northern boundary of the State. 
 
 174. Range Lines. Six miles east of the principal 
 meridian another north and south line is run ; and six 
 miles east of that, another ; and so on. Similar lines 
 are run on the west of the principal meridian. These 
 are called range lines. 
 
 175. Township Lines. Six miles north of the base- 
 line another east and west line is run ; and six miles 
 north of that, another ; and so on. Similar lines are run 
 on the south of the base line. These are called town- 
 ship lines. 
 
 176. Townships. The crossing of the east and west 
 lines with the north and south lines divides the country 
 surveyed into townships. These would be exactly six 
 miles square but for the fact that, because of the shape 
 of the earth, all the north and south lines meet at the 
 pole, and hence are always coming nearer and nearer to- 
 gether. This is called the convergence of the meridians.
 
 Land Surveys. 
 
 75 
 
 177. Correction lAnes. To correct this, and to make 
 the townships as nearly equal in size as possible, every 
 fifth parallel from the base is called a standard parallel, 
 or a correction line. On this line the surveyor once 
 more measures the exact distance between the north 
 and south. lines, placing them just six miles apart. 
 
 178. The entire system is shown in the following 
 diagrams : 
 
 FIG. 1. 
 
 87654321P1234567 
 
 M 
 
 In Figure 1, PM = the principal meridian. BL = the base line. 
 
 The description of A would be written T. 5 N., R. 3 E. ; and would 
 mean the township in the fifth tier north of the base line, and in the 
 third range of townships east of the principal meridian. So D would 
 be T. 2 S., R. 5 E. ; and C would be T. 4 S., R. 7 W. 
 
 In Kansas there are twenty-five east ranges, and forty-three' west 
 ranges. There are thirty-five rows of townships, all of which are " south," 
 as the base line coincides with the north line of the State.
 
 76 
 
 Local Government in Kansas. 
 
 FIG. 2. 
 
 
 
 
 
 
 
 
 
 
 r 
 
 ; 
 
 I 
 
 
 i I 
 
 I 
 
 
 
 
 
 2 
 
 2 
 
 2 
 
 
 2 
 
 t 
 
 2 
 
 
 r 
 
 r 
 
 r 
 
 r 
 
 r 
 
 r 
 
 t 
 
 . r 
 
 
 M 
 
 In Figure 2, PM = principal meridian. BL = the base line. CL 
 = the correction line, rl = the range lines. 1-2 = the range lines 
 as corrected. The distance between the corners which have been run 
 (or determined by the range lines) and the corners found by exact 
 measurement from the principal meridian on the correction line, in- 
 creases as one goes from the principal meridian ; varying from a few 
 rods near the meridian to about a mile on the west side of the State. 
 
 179. Sect/ions. Each township is divided into square 
 miles, containing six hundred and forty acres, and called 
 sections. Each regular township has thirty-six of these 
 sections, which are known by their numbers. Beginning 
 at the north-east corner of the township, the numbers 
 run west 1, 2, 3, 4, 5, 6 ; and then east on the next 
 lower tier, 7, 8, 9, etc. ; then west again ; and so on.
 
 Sections. 77 
 
 Each section is divided into four quarter sections; 
 each quarter section into two half -quarter sections ; and 
 each half-quarter section into two. quarter -quarter sec- 
 tions . These are called legal divisions, and are the only 
 divisions recognized by the government. The following 
 diagrams will explain these divisions: 
 
 FIG. 1. 
 T. 5 S., R. 4 E. 
 
 6 
 
 5 
 
 4 
 
 3 
 
 2 
 
 1 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 18 
 
 17 
 
 16 
 
 15 
 
 14 
 
 13 
 
 19 
 
 20 
 
 21 
 
 22 
 
 2 
 
 24 
 
 30 
 
 29 
 
 28 
 
 27 
 
 26 
 
 25 
 
 81 
 
 32 
 
 33 
 
 34 
 
 35 
 
 36 
 
 Figure 1 shows the method of numbering sections. Figure 2 shows 
 the divisions of sections. The square A would be the south-west quar- 
 ter of Section 16 ; or, as it is generally written, SW 4 , Sec. 16. B would 
 be described as NW* of NW, Sec. 16 ; G would be, W 2 of NE*, Sec. 16 ; 
 and so on.* 
 
 It must be remembered that navigable rivers, lakes, 
 and similar natural obstructions may prevent entire reg- 
 ularity in surveys or equality in townships or sections. 
 
 * Scholars should use the blackboard frequently, platting from given descriptions 
 and describing given plats.
 
 78 
 
 Local Government in Kansas. 
 
 FIG. 2. 
 Section 16. 
 
 B 
 10 
 
 40 
 
 40 
 
 40 
 
 A 
 
 160 
 
 80 
 
 80 
 
 80 
 
 Title to land must begin with a deed, called a patent, 
 from the United States ; or from the State, as in the case 
 of school lands. 
 
 NATIONAL AFFAIRS. 
 
 ISO. While not strictly connected with local gov- 
 ernment, there are certain officers and organizations in 
 which we have a peculiar local interest. 
 
 First might be mentioned the Presidential Electors, 
 Of these the State is entitled to as many as it has both 
 Senators and Eepresentatives at present, nine. One is 
 elected for each Representative District, and two are
 
 National Affairs. 79 
 
 chosen for the State at large. They meet at Topeka, on 
 the first Wednesday of the December next after their 
 election, and at twelve o'clock, noon, cast their ballots 
 for President and Vice-President, as prescribed by the 
 National Constitution.* No Senator or Eepresentative, 
 or person holding any office of trust or profit under the 
 United States, can act as an Elector. 
 
 181. United States Senators are elected by the State 
 Legislature as follows : On the second Tuesday after the 
 meeting of the Legislature, each House names a person 
 for Senator by a viva voce vote. The next day, at noon, 
 the two Houses meet in what is called & joint session; and 
 if the same person has received a majority of all the 
 votes in each House, he is declared duly elected. If not, 
 the joint session chooses by a viva voce vote, and whoever 
 receives a majority of all the votes cast (a majority of 
 each House being present) is declared elected. The 
 joint session must meet and take at least one vote each 
 day till a Senator is elected. Each State in the Union 
 has two Senators. A Senator's term of office is six years. 
 A Senator must be at least thirty years of age, must 
 have been nine years a citizen of the United States, and 
 must be at the time of his election an inhabitant of the 
 State for which he is chosen. 
 
 182. Representatives, or Congressmen, are elected by 
 the people, and are voted for in what are known as Con- 
 gressional Districts. Each State is entitled to as many 
 Representatives as the quotient obtained by dividing the 
 population of the State by 151,912, a divisor established 
 
 * For a full discussion of national affairs, students should turn to the 
 Constitution of the United States, which is given, with a careful analy- 
 sis, in the special Kansas edition of Berard's United States History.
 
 80 Local Government in Kansas. 
 
 by Congress, and called the Ratio of Representation. To 
 each of the States having the largest remainders one Rep- 
 resentative is assigned till the whole number of Congress- 
 men (325) has been secured. 
 
 The State Legislature determines the boundaries of 
 the Districts. 
 
 Congressmen are elected at the General Election of 
 S'ate and County officers, on the even years. The term 
 of office is two years. A Representative must be at least 
 twenty-five years of age, must have been seven years a 
 citizen of the United States, and must be an inhabitant 
 of the State for which he is chosen. Nothing in the 
 Constitution prescribes that he shall be a resident of the 
 District for which he is chosen ; but this has been the 
 custom, and it has become a law of usage that it would 
 be very difficult to violate. 
 
 183. The United States District Court for this State 
 sits at Topeka and Leaven worth, and at Wichita for 
 criminal 3ases. Its officers are the District Judge, hold- 
 ing office during life or good behavior; the District At- 
 to'-ney, who represents the National Government as the 
 County Attorney does the county; and the Marshal, 
 whose powers and duties are similar to those of a Sheriff. 
 These three officers are appointed by the President and 
 confirmed by the Senate. 
 
 184. The United States Circuit Court for this State 
 sits at Topeka and Leavenworth. One of the Justices 
 of the United States Supreme Court is allotted to this 
 circuit, which includes Kansas and several other States. 
 There is also appointed for the circuit a Circuit Judge, 
 with the same general powers in the circuit as a Justice 
 of the Supreme Court. The Circuit Court may be held
 
 National Affairs. 81 
 
 by the Circuit Justice, or by the Circuit Judge, or by 
 the District Judge sitting as Circuit Judge, or by any 
 two of these sitting together. 
 
 Each of these courts appoints its own Clerk. 
 
 The District Attorney and Marshal are officers of both 
 courts. 
 
 The greater number of cases coming before these Fed- 
 eral Courts are those in which the United States is a 
 party, or cases between citizens of another State and cit- 
 izens of this State. 
 
 185. Naturalization is the process by which an alien 
 becomes a citizen.* Aliens are those born in a foreign 
 country. The word includes men, women, and children. 
 After living here a certain time, an alien may become 
 a citizen. Congress prescribes the method. The alien 
 must have lived in this country at least five years. But 
 at least two years before he can become naturalized, he 
 must declare on oath before some court that he wishes 
 to be, and intends to be, a citizen. W hen any court to 
 which he may apply is satisfied that he has been in this 
 country five years, and one year in the State where the 
 court is held, and has behaved as a man of good moral 
 character, and has duly made his declaration, it may 
 admit him as a citizen. He renounces his allegiance to 
 his native land, and swears to support the Constitution 
 of the United States. 
 
 An alien residing in this country three years next 
 preceding his becoming twenty-one, and who has resided 
 
 * The right to vote is another and a separate matter. The States reg- 
 ulate voting ; the United States, naturalization. Kansas permits an 
 alien to vote under certain conditions. See note to page 7.
 
 82 Local Government in Kansas. 
 
 here five years in all, may be naturalized without pre- 
 vious declaration. 
 
 A soldier who is at least twenty-one years of age, 
 regularly discharged from the United States army, may 
 be admitted without declaration, and with but a single 
 year's residence.
 
 ANALYSIS 
 
 OF THE 
 
 STATE CONSTITUTION. 
 
 f Constitution Established, 1.* 
 How Amended, 144, 145. 
 
 90 
 
 Bill of 
 Rights. 
 
 Affirms 
 
 Prohibits 
 
 Guarantees - 
 
 Defines 
 
 Equal and inalienable rights, i. 
 All political pmver in the people, S. 
 People may assemble, and petition, k 
 May bear arms, 5. 
 
 Powers not delegated remain with the 
 people, 21. 
 
 Religious liberty, 8. 
 Liberty of the press, 12. 
 Security against illegal fearch or seiz- 
 ure, 16. 
 Bail, 10. 
 
 Justice without delay, 11, 19. 
 Trial and defense, 11. 
 Trial by jury, 6. 
 
 Slavei-y. 7. 
 
 Transportation, IS. 
 
 Attainder, IS. 
 
 Imprisonment for debt, 17. 
 
 Religious test or properly qualifica- 
 tion, 8. 
 
 Hereditary honors or privileges, 20. 
 
 Distinction between citizen and alien 
 property, 18. 
 
 Irrevocable grants of special privileges, 
 S. 
 
 Suspension of habeas corpus, 9. 
 
 Excessive bail, 10. 
 
 Twice in jeopardy, 11. 
 
 Witnessing against one's self, 11. 
 '(_ Quartering of soldiers, 15. 
 
 Treason, Ik. 
 
 * The numbers refer to paragraphs of the Constitutiou. 
 
 83
 
 84 
 
 Analysis of the State Constitution. 
 
 
 II 
 
 If iu- his of Women, 151. 
 Homestead, 154. 
 State Capital, 153. 
 Public Officers, 146, 147. 
 Public Accounts, 150. 
 State Printer, 149. 
 
 prohibits. 
 
 Departments of 
 Government* 
 
 Executive, 22-37. 
 
 f Senate, i 
 
 Leyislative. \ House of Repre- 
 
 ( sentatives, J 
 
 Judicial, 67-86. 
 
 
 
 ' Officers, 22. 
 
 
 
 
 Wlien chosen, 22, 23, 88. 
 
 
 
 How chosen, 
 
 22, 23, 87. 
 
 . 
 
 General 
 Provisions. 
 
 JSy whom chosen, 89, 9O, 91, 93, 94. 
 Oath of office, 44. 
 Term, 22. 
 
 d 
 
 
 Salary, 36. 
 
 . 
 
 ^ 
 
 
 Reports, 37. 
 
 
 3 
 
 I. Removals, 65, 64. 
 
 6, 
 
 
 
 
 (miffibiliti/,31. 
 
 |, 
 
 
 
 Executes the laws, 2k. 
 
 
 
 
 Over other officers. 25. 
 
 ft 
 
 
 
 Over legislature, 26, 27. 
 
 ^ 
 
 Governor. 
 
 Powers and 
 duties. 
 
 Veto, 61. 
 Appointments, 55, 105, 107 
 Commissions, 30. 
 
 <* 
 
 
 
 Militia, 119. 
 
 ^ 
 
 
 
 Pardons, 28. 
 
 - 
 
 
 
 
 
 
 
 . State Seal, 99. 
 
 %) 
 
 
 Vacancy, 32, 34. 
 
 Lieutenant 
 Governor 
 
 t f Presii 
 '. I Secoi: 
 
 dent of Senate, 33. 
 Governor, 32. 
 
 Vacancies in Other Offices, 35.
 
 Analysis of the State Constitution. 
 
 85 
 
 f Number, 39. 
 
 Senate. -I Impeachment, 64. 
 I Appointments, 1O5. 
 
 House. 
 
 Number, 39. 
 Impeachment, 64. 
 
 Provisions 
 
 Common to 
 
 Both. 
 
 Authority, 38. 
 Qualifications, 41, 42, 43. 
 Election, 87, 88. 
 Oath of office, 44. 
 Term, 66. 
 Compensation, 4O. 
 Privileges of members, 59. 
 Vacancies, 42, 46. 
 Sessions, 62. 
 Quorum Rules, 45. 
 May originate bills, 49. 
 Journal, 47. 
 yeas and nays, 47. 
 
 General 
 Powers. 
 
 f Suffrage, 92. 
 
 Census, 63. 
 
 Apportionment, 1 19. 
 
 Taxation, 121-124. 
 
 State Debt, 125, 126. 
 
 May borrow money, 127. 
 
 County Tribunals, 58. 
 
 Counties and Towns, 113-117, 
 
 Municipalities, 133. 
 
 Public Officers, 146, 147. 
 
 State Pi-inter, 149. 
 
 Corporations, 129-134. 
 
 Hanks, 135-143. 
 
 Education, 97. 
 
 Militia, 11O. 
 I Constitutional Amendments, 144, 14S 
 
 Prohibitions. 
 
 Sex distinction in schools, 6O. 
 Appropriations, 61. 
 Internal improvements, 128. 
 Corporations, 12i). 
 Hanks, 135.
 
 86 
 
 Analysis of the State Constitution. 
 
 L3 
 
 H 3 
 
 Law-Making. 
 
 Bills, 49. 
 
 Enacting Clause, 57 
 Mil Nt have but one subject ,53. 
 Reading, 52. 
 1 1 a i r bills are passed, SO. 
 If vetoed, 51. 
 Acts take effect, 56. 
 Uniform law general laws, 54. 
 
 Wliere Vested, 67. 
 Judicial Districts, 80, 84, 
 
 Election, ") 
 
 General 
 Provisions. 
 
 Judges. 
 
 Minor 
 Officers. 
 
 Jurisdiction. 
 
 Vacancy, j 
 
 Term, 78. 
 
 Style of Process, 83. 
 
 Supreme Court, 68. \ Salaries. 79. 
 District Court, 71. > Removals, 81. 
 Probate Court, 74. 
 Justices of the Peace, 75. 
 Pro Tern. (District Court), 86. 
 
 ( Siipi 
 I Dial 
 
 reme Court, 7O. 
 rict Court, 73. 
 
 Supreme Court, 69. 
 District Court, 72. 
 Probate Court, 1-i. 
 
 At chambers, 89. 
 
 Suifrage. 
 
 Education. 
 
 Qualifications, 89. 
 Proof of these, 92. 
 Disqualifications, 9O, 91, 53, 94. 
 Residence, 9 1. 
 (. Privileges of electors, 95. 
 
 
 Establishment, 97. 
 
 Common 
 
 Maintenance, 98, 99, 101. 
 
 Sc/tooln. 
 
 Superintendence, 96. 
 
 
 . Control, 10S. 
 
 Higher [ Establishment, 97, 109. 
 Schools, i Maintenance, 102. 
 
 (. { Control, 103.
 
 Analysis of the State Constitution. 
 
 87 
 
 cc 
 
 - 
 ^ 
 
 Benevolent, 1O5, 1O8. 
 
 ( Benevolent, 
 
 Public Institutions, j Penal, we. 
 
 Counties and Towns. 
 
 Corporations. 
 
 Banks. 
 
 Organisation, 113. 
 
 W1iMt,114. 
 
 Officers. Term. S County, 115. 
 < Town, 116. 
 Itfiiturtils, 117. 
 Representation, 118, 11O 
 
 Defined, 134. 
 How created, 129. 
 Dues from, 13O. 
 Religious, 131. 
 Municipal, 133. 
 Right of way, 132. 
 
 Established by general laic, 135. 
 When law in force, 142. 
 State not a stocktiolder, 139, 
 Officers, 14O. 
 
 Denomination of notes, 141. 
 Security required, 136, 137. 
 Redemption, 138. 
 
 Militia. 
 
 Defined, 1O9. 
 Organization, 11O. 
 Commander-in- Chief, 112. 
 Officers, 111. 
 
 Amendments, 144, 145.
 
 CONSTITUTION OF THE STATE OF KANSAS. 
 
 Preamble. 
 
 1. We, the people of Kansas, grateful to Almighty God 
 for our civil and religious privileges, in order to ensure the 
 full enjoyment of our rights as American citizens, do ordain 
 and establish this Constitution of the State of Kansas, with 
 the following boundaries, to wit: " beginning at a point on 
 the western boundary of the State of Missouri, where the 
 thirty-seventh parallel of north latitude crosses the same ; 
 thence running west on said parallel to the twenty-fifth me- 
 ridian of longitude west from Washington ; thence north on 
 said meridian to the fortieth parallel of north latitude ; 
 thence east on said parallel to the western boundary of the 
 State of Missouri ; thence south with western boundary of 
 Baid State to the place of beginning." 
 
 Bill of Rights. 
 
 2. All men are possessed of equal and inalienable natural 
 rights, among which are life, liberty, and the pursuit of hap- 
 piness. 
 
 3. All political power is inherent in the people, and all 
 free governments are founded on their authority, and are 
 instituted for their equal protection and benefit. No special 
 privileges or immunities shall ever be granted by the Legis- 
 lature, which may not be altered, revoked or repealed by the 
 same body ; and this power shall be exercised by no other 
 tribunal or agency. 
 
 4. The people have the right to assemble in a peaceable 
 manner, to consult for their common good, to instruct their 
 representatives, and to petition the government, or any de- 
 partment thereof, for the redress of grievances. 
 
 89
 
 90 Constitution of the State of Kansas. 
 
 5. The people have the right to bear arms for their de- 
 fence and security ; but standing armies, in time of peace, 
 are dangerous to liberty, and shall not be tolerated, and the 
 military shall be in strict subordination to the civil power. 
 
 6. The right of trial by jury shall be inviolate. 
 
 7. There shall be no slavery in this State ; and no invol- 
 untary servitude, except for the punishment of crime, where- 
 of the party shall have been duly convicted. 
 
 8. The right to worship God, according to the dictates of 
 conscience, shall never be infringed ; nor shall any person 
 be compelled to attend or support any form of worship ; nor 
 shall any control of, or interference with, the rights of con- 
 science be permitted, nor any preference be given by law to 
 any religious establishment or mode of worship. No relig- 
 ious test or property qualification shall be required for any 
 office of public trust, nor for any vote at any election, nor 
 shall any person be incompetent to testify on account of re- 
 ligious belief. 
 
 9. The right to the writ of habeas corpus shall not be sus- 
 pended, unless the public safety requires it in case of inva- 
 sion or rebellion. 
 
 10. All persons shall be bailable by sufficient sureties, 
 except for capital offenses, where proof is evident or the pre- 
 sumption great. Excessive bail shall not be required, nor 
 excessive fines imposed, nor cruel or unusual punishment 
 inflicted. 
 
 11. In all prosecutions, the accused shall be allowed to 
 appear and defend in person, or by counsel ; to demand the 
 nature and cause of the accusation against him ; to meet the 
 witness face to face, and to have compulsory process to com- 
 pel the attendance of witnesses in his behalf, and a speedy 
 public trial by an impartial jury of the county or district 
 in which the offense is alleged to have been committed. No 
 person shall be a witness against himself, or be twice put in 
 jeopardy for the same offense.
 
 Constitution of the Stale of Kansas. 91 
 
 12. The liberty of the press shall be inviolate ; and all per- 
 Bons may freely speak, write or publish their sentiments on 
 all subjects, being responsible for the abuse of such right ; 
 and in all civil or criminal actions for libel, the truth may 
 be given in evidence to the jury, and if it shall appear that 
 the alleged libellous matter was published for justifiable 
 ends, the accused shall be acquitted. 
 
 13. No person shall be transported from the State, for any 
 offense committed within the same, and no conviction in the 
 State shall work a corruption of blood or forfeiture of estate. 
 
 14. Treason shall consist only in levying war against the 
 State, adhering to its enemies, or giving them aid and comfort. 
 No person shall be convicted of treason unless on the evidence 
 of two witnesses to the overt ant, or confession in open court. 
 
 15. No soldier shall, in the time of peace, be quartered in 
 any house without the consent of the occupant ; nor in time 
 of war, except as prescribed by law. 
 
 16. The right of the people to be secure in their persons 
 and property against unreasonable searches and seizures, 
 shall be inviolate ; and no warrants shall issue but on proba- 
 ble cause, supported by oath or affirmation, particularly de- 
 scribing the place to be searched, and the person or prop- 
 erty to be seized. 
 
 17. No person shall be imprisoned for debt except in cases 
 of fraud. 
 
 18. No distinction shall ever be made between citizens of the 
 State of Kansas and the citizens of other States and territories of 
 the United States in reference to the purchase, enjoyment or de- 
 scent of property. The rights of aliens in reference to the pur- 
 chase, enjoyment or descent of property may be regulated by law. 
 
 19. All persons, for injuries suffered in person, reputation 
 or property, shall have remedy by due course of law, and 
 justice administered without delay. 
 
 20. No hereditary emoluments, honors or privileges shall 
 ever be granted or conferred by the State.
 
 92 Constitution of the State of Kansas. 
 
 21. This enumeration of rights shall not be construed to 
 impair or deny others retained by the people ; and all pow- 
 ers not herein delegated remain with the people. 
 
 ARTICLE I. Executive. 
 
 22. The Executive department shall consist of a Governor, 
 Lieutenant-Governor, Secretary of State, Auditor, Treasurer, 
 Attorney-General, and Superintendent of Public Instruction ; 
 who shall be chosen by the electors of the State at the time 
 and place of voting for members of the Legislature, and shall 
 hold their offices for the term of two years from the second 
 Monday of January, next after their election, and until their 
 successors are elected and qualified. 
 
 23. Until otherwise provided by law, an abstract of the 
 returns of every election, for the officers named in the fore- 
 going section, shall be sealed up and transmitted, by the 
 clerks of the Boards of Canvassers of the several counties, to 
 the Secretary of State, who, with the Lieutenant-Governor 
 and Attorney-General, shall constitute a Board of State Can- 
 vassers, whose duty it shall be to meet at the State capitol 
 on the second Tuesday of December succeeding each election 
 for State officers, and canvass the vote for such officers, and 
 proclaim the result ; but in case any two or more have an 
 equal and the highest number of votes, the Legislature shall, 
 by joint ballot, choose one of said persons so having an equal 
 and the highest number of votes for said office. 
 
 24. The supreme executive power of the State shall be 
 vested in a Governor, who shall see that the laws are faith- 
 fully executed. 
 
 25. He may require information in writing from the offi- 
 cers in the Executive department, upon any subject relating 
 to their respective duties. 
 
 26. He may, on extraordinary occasions, convene the Leg- 
 islature by proclamation, and shall, at the commencement of 
 every session, communicate, in writing, such information as
 
 Constitution of the State of Kansas. 93 
 
 he may possess in reference to the condition of the State, and 
 recommend such measures as he may deem expedient. 
 
 27. In case of disagreement between the two Houses in 
 respect to the time of adjournment, he may adjourn the Leg- 
 islature to such time as he may think proper, not beyond its 
 regular meeting. 
 
 28. The pardoning power shall be vested in the Governor, 
 under regulations and restrictions prescribed by law. 
 
 29. There shall be a seal of the State, which shall be kept 
 by the Governor, and used by him officially ; and which shall 
 be the great seal of Kansas. 
 
 30. All commissions shall be issued in the name of the 
 State of Kansas ; signed by the Governor, countersigned by 
 the Secretary of State, and sealed with the great seal. 
 
 31. No member of Congress, or officer of the State, or of 
 the United States, shall hold the office of Governor, except 
 as herein provided. 
 
 32. In case of the death, impeachment, resignation, re- 
 moval or other disability of the Governor, the power and 
 duties of the office for the residue of the term, or until the 
 disability shall be removed, shall devolve upon the President 
 of the Senate. 
 
 33. The Lieutenant-Governor shall be President of the 
 Senate, and shall vote only when the Senate is equally di- 
 vided. The Senate shall choose a President pro tempore, to 
 preside in case of his absence or impeachment, or when he 
 shall hold the office of Governor. 
 
 34. If the Lieutenant-Governor, while holding the office of 
 Governor, shall be impeached, or displaced, or shall resign, or 
 die, or otherwise become incapable of performing the duties of 
 the office, the President of the Senate shall act as Governor 
 until the vacancy is filled or the disability removed ; and if the 
 President of the Senate, for any of the above causes, shall be 
 rendered incapable of performing the duties pertaining to
 
 94 Constitution of the State of Kansas. 
 
 the office of Governor, the same shall devolve upon the 
 Speaker of the House of Representatives. 
 
 35. Should either the Secretary of State, Auditor, Treas- 
 urer, Attorney-General, or Superintendent of Public Instruc- 
 tion, become incapable of performing the duties of his office, 
 for any of the causes specified in the thirteenth section (34) 
 of this article, the Governor shall fill the vacancy, until the 
 disability is removed, or a successor is elected and qualified. 
 Every such vacancy shall be filled by election, at the first 
 general election thrit occurs more than thirty days after it 
 shall have happened ; and the person chosen shall hold the 
 office for the unexpired term. 
 
 36. The officers mentioned in this article shall, at stated 
 times, receive for their services a compensation, to be estab- 
 lished by law, which shall neither be increased nor dimin- 
 ished during the period for which they shall have been 
 elected. 
 
 37. The officers of the Executive department, and of all 
 public State institutions, shall, at least ten days preceding 
 each regular session of the Legislature, severally report to 
 the Governor, who shall transmit such reports to the Legis- 
 lature. 
 
 ARTICLE XL-Legislative. 
 
 38. The Legislative power of this State shall be vested in 
 a House of Representatives and Senate. 
 
 39. The number of Representatives and Senators shall be 
 regulated by law, but shall never exceed one hundred and 
 twenty-five Representatives and forty Senators. From and 
 after the adoption of the Amendment (1873), the House of 
 Representatives shall admit one member from each county, 
 in which at least two hundred and fifty legal votes were cast 
 at the next preceding general election ; and each organized 
 county in which less than two hundred legal votes were cast 
 at the next preceding general election shall be attached to
 
 Constitution of the /Stale of Kansas. 95 
 
 and constitute a part of the Representative District of the 
 county lying next adjacent to it on the east. 
 
 40. The members of the Legislature shall receive, as com- 
 pensation for their services, the sum of three dollars for each 
 day's actual service at any regular or special session, and fif- 
 teen cents for each mile travelled by the usual route in going 
 to and returning from the place of meeting ; but such com- 
 pensation shall not in the aggregate exceed the sum of two 
 hundred and forty dollars for each member, as per diem al- 
 lowance for the first session held under this Constitution, nor 
 more than one hundred and fifty dollars for each session there- 
 .after, nor more than ninety dollars for any special session. 
 
 41. No person shall be a member of the Legislature who 
 is not, at the time of his election, a qualified voter of, and 
 resident in, the county or district for which he is elected. 
 
 42. No member of Congress or officer of the United States 
 shall be eligible to a seat in the Legislature. If any person, 
 after his election to the Legislature, be elected to Congress, 
 or elected or appointed to any office under the United States, 
 his acceptance thereof shall vacate his seat. 
 
 43. No person convicted of embezzlement or misuse of the 
 public funds shall have a seat in the Legislature. 
 
 44. All State officers, before entering upon their respective 
 duties, shall take and subscribe an oath or affirmation to 
 support the Constitution of the United States and the Con- 
 stitution of this State, and faithfully to discharge the duties 
 of their respective offices. 
 
 45. A majority of each House shall constitute a quorum. 
 Each House shall establish its own rules, and shall be judge of 
 the elections, returns, and qualifications of its own members. 
 
 46. All vacancies occurring in either House shall be filled 
 for the unexpired term by election. 
 
 47. Each House shall keep and publish a journal of its 
 proceedings. The yeas and nays shall be taken and entered
 
 96 Constitution of the State of Kansas. 
 
 immediately on the journal, upon the final passage of every 
 bill or joint resolution. Neither House, without the consent 
 of the other, shall adjourn for more than two days, Sundays 
 excepted. 
 
 48. Any member of either House shall have the right to 
 protest against any act or resolution ; and such protest shall, 
 without delay or alteration, be entered on the journal. 
 
 49. Bills may originate in either House, but may be 
 amended or rejected by the other. 
 
 50. A majority of all the members elected to each House, 
 Voting in the affirmative, shall be necessary to pass any bill 
 or joint resolution. 
 
 51. Every bill and joint resolution passed by the House of 
 Representatives and Senate shall, within two days thereafter, 
 be signed by the presiding officers, and presented to the Gov- 
 ernor ; if he approve, he shall sign it ; but if not, he shall 
 return it to the House of Representatives, which shall enter 
 the objections at large upon its journal, and proceed to recon- 
 sider the same. If, after such reconsideration, two-thirds of 
 the members elected shall agree to pass the bill or resolution, 
 it shall be sent, with the objections, to the Senate, by which 
 it shall likewise be reconsidered, and if approved by two- 
 thirds of all the members elected, it shall become a law. 
 But in all such cases, the vote shall be taken by yeas and 
 nays, and entered upon the journals of each House. If any 
 bill shall not be returned within three days (Sundays excepted) 
 after it shall have been presented to the Governor, it shall 
 become a law in like manner as if he had signed it, unless 
 the Legislature, by its adjournment, prevent its return, in 
 which case it shall not become a law. 
 
 52. Every bill shall be read on three separate days in each 
 House, unless in case of emergency. Two-thirds of the House 
 where such a bill is pending may, if deemed expedient, sus- 
 pend the rules; but the reading of the bill by section, on its 
 final passage, shall in no case be dispensed with.
 
 Constitution of the titate of Kansas. 97 
 
 53. No bill shall contain more than one subject, which 
 shall be clearly expressed in its title, and no law shall be 
 revived or amended, unless the new act contain the entire 
 act revived, or the section or sections amended, and the sec- 
 tion or sections so amended shall be repealed. 
 
 54-. All laws of a general nature shall have a uniform op- 
 eration throughout the State ; and in all cases where a general 
 law can be made applicable, no special law shall be enacted. 
 
 55. All power to grant divorces is vested in the District 
 Courts, subject to regulation by law. 
 
 56. The Legislature shall prescribe the time when its acts 
 shall be in force, and shall provide for the speedy publication 
 of the same ; and no law of a general nature shall be in force 
 until the same be published. It shall have the power to pro- 
 vide for the election or appointment of all officers, and the 
 filling of all vacancies not otherwise provided for in this 
 Constitution. 
 
 57. The enacting clause of all laws shall be, " Be it enacted 
 by the Legislature of the State of Kansas," and no law shall 
 be enacted except by bill. 
 
 58. The Legislature may confer upon tribunals transacting 
 the county business of the several counties such powers of 
 local legislation and administration as it shall deem expedient. 
 
 59. For any speech or debate in either House, the mem- 
 bers shall not be questioned elsewhere. No member of the 
 Legislature shall be subject to arrest except for felony or 
 breach of the peace in going to or returning from the place 
 of meeting, or during the continuance of the session ; neither 
 shall he be subject to the service of any civil process during 
 the session, nor for fifteen days previous to its commencement. 
 
 60. The Legislature, in providing for the formation and 
 regulation of schools, shall make no distinction between the 
 rights of males and females. 
 
 7
 
 98 Constitution of the Stale of Kansas. 
 
 61. No money shall be drawn from the treasury, except in 
 pursuance of a specific appropriation made by law, and no 
 appropriation shall be for a longer term than two years. 
 
 62. All sessions of the Legislature shall be held at the 
 State capital, and, beginning with the session of eighteen 
 hundred and seventy-seven, all regular sessions shall be held 
 once in two years, commencing on the second Tuesday of 
 January of each alternate year thereafter. 
 
 63. The Legislature shall provide for taking an enumera- 
 tion of the inhabitants of the State, at least once in ten years. 
 The first enumeration shall be taken in A. D. 1865. 
 
 64. The House of Representatives shall have the sole 
 power to impeach. All impeachments shall be tried by the 
 Senate, and, when sitting for that purpose, the- Senators shall 
 take an oath to do justice according to the law and the evi- 
 dence. No person shall be convicted without the concurrence 
 of two-thirds of the Senators elected. 
 
 65. The Governor and all other officers under this Consti- 
 tution shall be subject to impeachment for any misdemeanor 
 in office ; but judgment in all such cases shall not be extended 
 further than to removal from office, and disqualification to 
 hold any office of profit, honor, or trust, under this Constitu- 
 tion ; but the party, whether convicted or acquitted, (Oaall be 
 liable to indictment, trial, judgment, and punishment, accord- 
 ing to law. 
 
 66. At the general election held in eighteen hundied and 
 seventy-six, and thereafter, members of the House of Repre- 
 sentatives shall be elected for two years, and member' of the 
 Senate shall be elected for four years. 
 
 ARTICLE III. Judicial. 
 
 67. The Judicial power of this State shall be vested in a 
 Supreme Court, District Courts, Probate Courts, Justices of 
 the Peace, and such other courts, inferior to the Supreme
 
 Constitution of the Stale of Kansas. 99 
 
 Court, as may be provided by law ; and all courts of record 
 shall have a seal, to be used in the authentication of all 
 process. 
 
 68. The Supreme Court shall consist of one Chief Justice 
 and two Associate Justices (a majority of whom shall consti- 
 tute a quorum), who shall be elected by the electors of the 
 State at large, and whose term of office, after the first, shall 
 be six years. At the first election a Chief Justice shall be 
 chosen for six years, one Associate Justice for four years, and 
 one for two years. 
 
 60. The Supreme Court shall have original jurisdiction in 
 proceedings in quo warranto, mandamus, and habeas corpus; 
 and such appellate jurisdiction as may be provided by law. 
 It shall hold one term each year at the seat of government, 
 and such other terms at such places as may be provided by 
 law, and its jurisdiction shall be co-extensive with the State. 
 
 70. There shall be appointed by the Justices of the Su- 
 preme Court, a Reporter and Clerk of said Court, who shall 
 hold their offices two years, and whose duties shall be pre- 
 scribed by law. 
 
 71. The State shall be divided into five judicial districts, 
 in each of which there shall be elected, by the electors thereof, 
 a District Judge, who shall hold his office for the term of four 
 years. District Courts shall be held at such times and places 
 as may be provided by law. 
 
 72. The District Courts shall have such jurisdiction in their 
 respective districts as may be provided by law. 
 
 73. There shall be elected, in each organized county, a 
 Clerk of the District Court, who shall hold his office for two 
 years, nnd whose duties shall be prescribed by law. 
 
 74. There shall be a Probate Court in each county, which 
 shall be a court of record, and have such probate jurisdiction 
 and care of estates of deceased persons, minors and persons 
 of unsound minds, as may be prescribed by law, and shall
 
 100 Constitution of the State of Kansas. 
 
 have jurisdiction in cases of habeas corpus. This court shall 
 consist, of one Judge, who shall be elected by the qualified 
 voters of the county, and hold his office for two years. He 
 shall be his own clerk, and shall hold court at such times, 
 and receive for compensation such fees as may be prescribed 
 by law. 
 
 75. Two Justices of the Peace shall be elected in each town- 
 ship, whose term of office shall be two years, and whose powers 
 and duties shall be prescribed by law. The number of Jus- 
 tices of the Peace may be increased in any township by law. 
 
 76. All appeals from Probate Courts and Justices of the 
 Peace shall be to the District Court. 
 
 77. All the judicial officers provided for by this article shall 
 be elected at the first election under this Constitution, and shall 
 reside in their respective townships, counties or districts dur- 
 ing their respective terms of office. In case of vacancy in any- 
 judicial office, it shall be filled, by appointment of the Gov- 
 ernor, until the next regular election that shall occur more 
 than thirty days after such vacancy shall have happened. 
 
 78. All judicial officers shall hold their offices until thei* 
 successors shall have qualified. 
 
 79. The Justices of the Supreme Court and the Judges of 
 the District Court shall, at stated times, receive for their ser- 
 vices such compensation as may be provided by law, which 
 shall not be increased during their respective term of office ; 
 provided, such compensation shall not be less than fifteen 
 hundred dollars to each Justice or Judge each year, and such 
 Justices or Judges shall receive no fees or perquisites, nor 
 hold any other office of profit or trust under the authority 
 of the State or the United States during the term of office 
 for which said Justices and Judges shall be elected, nor prac- 
 tice law in any of the Courts in the State during their con- 
 tinuance in office. 
 
 80. Provision may be made by law for the increase of the 
 number of judicial districts whenever two-thirds of the mem-
 
 Constitution of the Stale of Kansas. 101 
 
 bers of each House shall concur, Such districts shall be 
 formed of compact territory, and bounded by county lines, and 
 such increase shall not vacate the office of any Judge. 
 
 81. Justices of the Supreme Court and Judges of the Dis- 
 trict Courts may be removed from office by resolution of both 
 houses, if two-thirds of the members of each House concur ; 
 but no such removal shall be made except upon complaint, 
 the substance of which shall be entered upon the journal, 
 nor until the party charged shall have had notice and oppor- 
 tunity to be heard. 
 
 82. The several Justices and Judges of the courts of rec- 
 ord in this State, shall have such jurisdiction at chambers 
 as may be provided by law. 
 
 83. The style of all process shall be " The State of Kan- 
 sas," and all prosecutions shall be carried on in the name of 
 the State. 
 
 84. Until otherwise provided by law, the first district 
 phall consist of the counties of Wyandotte, Leavenworth, 
 Jefferson and Jackson. The second district shall consist of 
 the counties of Atchison, Doniphan, Brown, Neinaha, Mar- 
 shall and Washington. The third district shall consist of 
 the counties of Pottawatomie, Riley, Clay, Dickinson, Davis, 
 Wabaunsee and Shawnee. The fourth district shall consist 
 of the counties of Douglas, Johnson, Lykins, Franklin, An- 
 derson, Linn, Bourbon and Allen. The fifth district shall 
 consist of the counties of Osage, Coffey, Woodson, Green- 
 wood, Madison, Breckinridge, Morris, Chase, Butler and 
 Hunter. 
 
 85. New or unorganized counties shall, by law, be at- 
 tached, for judicial purposes, to the most convenient judicial 
 districts. 
 
 86. Provision shall be made by law for the selection, by 
 the bar, of a pro tern. Judge of the District Court, when the 
 Judge is absent or otherwise unable or disqualified to sit in 
 any case.
 
 102 Constitution of the State of Kansas. 
 
 ARTICLE IV.-EIections. 
 
 87. All elections by the people shall be by ballot, and all 
 elections by the Legislature shall be viva voce. 
 
 88. General elections shall be held annually, on the Tues- 
 day succeeding the first Monday in November. Township 
 elections shall be held on the first Tuesday in April, until 
 otherwise provided by law. 
 
 ARTICLE V.-Suflrage. 
 
 89. Every white male person, of twenty-one years and 
 upwards, belonging to either of the following classes who 
 shall have resided in Kansas six months next preceding any 
 election, and in the township or ward in which he offers to 
 vote, at least thirty days next preceding such election shall 
 be deemed a qualified elector. 
 
 First Citizens of the United States. 
 
 Second Persons of foreign birth who shall have declared 
 their intentions to become citizens, conformably to the laws 
 of the United States on the subject of naturalization. 
 
 90. No person under guardianship, non compos mentis, or 
 insane ; no person convicted of felony, unless restored to civil 
 rights ; no person who has been dishonorably discharged from 
 the service of the United States, unless reinstated ; no person 
 guilty of defrauding the Government of the United States, 
 or any of the States thereof; no person guilty of giving or 
 receiving a bribe, or offering to give or receive a bribe ; and 
 no person who has ever voluntarily borne arms against the 
 Government of the United States, or in any manner volun- 
 tarily aided or abetted in the attempted overthrow of said 
 Government, except all persons who have been honorably 
 discharged from the military service of the United States 
 since the first day of April, A. D. 1861, provided that they 
 have served one year or more therein, shall be qualified to 
 Vote or hold office in this State, until such disability shall be
 
 Constitution of the State of Kansas. 103 
 
 removed by a law passed by a vote of two-thirds of all the 
 members in both branches of the Legislature. 
 
 91. For the purpose of voting, no person shall be deemed 
 to have gained or lost a residence by reason of his presence 
 or absence while employed in the service of the United States, 
 nor while engaged in the navigation of the waters of this 
 State, or of the United States, or of the high seas, nor while 
 a student of any seminary of learning, nor while kept at any 
 almshouse or other asylum at public expense, nor while con- 
 fined in any public prison ; and the Legislature may make 
 provision for taking the votes of electors who may be absent 
 from their townships or wards, in the volunteer military ser- 
 vice of the United States, or the militia service of this State ; 
 but nothing herein contained shall be deemed to allow any 
 soldier, seaman, or marine, in the regular army of the United 
 States, the right to vote. 
 
 92. The Legislature shall pass such laws as may be neces- 
 sary for ascertaining, by proper proofs, the citizens who shall 
 be entitled to the right of suffrage hereby established. 
 
 93. Every person who shall give or accept a challenge to 
 fight a duel, or who shall, knowingly, carry to another person 
 such challenge, or shall go out of the State to fight a duel, 
 shall be ineligible to any office of trust or profit. 
 
 94. Every person who shall have given or offered a bribe 
 to procure his election, shall be disqualified from holding 
 office during the term for which he may have been elected. 
 
 95. Electors, during their attendance at elections, and in 
 going to and returning therefrom, shall be privileged from 
 arrest in all cases except treason, felony, or breach of the 
 peace. 
 
 ARTICLE VI. Education. 
 
 96. The State Superintendent of Public Instruction shall 
 have the general supervision of the common school funds and 
 educational interests of the State, and perform such other
 
 104 Constitution of the State of Kansas. 
 
 duties as may be prescribed by law. A Superintendent of 
 Public Instruction sjjall be elected in each county, whose 
 term of office shall be two years, and whose duties and com- 
 pensation shall be prescribed by law. 
 
 97. The Legislature shall encourage the promotion of in- 
 tellectual, moral, scientific, and agricultural improvement, 
 by establishing a uniform system of common schools, and 
 schools of a higher grade, embracing normal, preparatory, 
 collegiate, and university departments. 
 
 98. The proceeds of all lands that have been, or may be, 
 granted by the United States to the State, for the support of 
 schools, and the five hundred thousand acres of land granted 
 to the new States, under an act of Congress distributing the 
 proceeds of public lands among the several States of the 
 Union, approved September 4, A. D. 1841, and all estates of 
 persons dying without heir or will, and such per cent, as 
 may be granted by Congress on the sale of lands in this State, 
 shall be the common property of the State, and shall be a 
 perpetual school fund, which shall not be diminished, but 
 the interest of which, together with all the rents of the lands, 
 and such other means as the Legislature may provide, by tax 
 or otherwise, shall be inviolably appropriated to the support 
 of the common schools. 
 
 99. The income of the State school fund shall be disbursed 
 annually, by order of the State Superintendent, to the sev- 
 eral county treasurers, and thence to the treasurers of the 
 several school districts, in equitable proportion to the number 
 of children and youth resident therein, between the ages of 
 five and twenty-one years: provided, that no school district, 
 in which a common school has not been maintained at least 
 three months in each year, shall be entitled to receive any 
 portion of such funds. 
 
 100. The school lands shall not be sold, unless such sale 
 shall be authorized by a vote of the people at a general elec- 
 tion ; but, subject to a re-valuation every five years, they
 
 Constitution of the State of Kansas. 105 
 
 may be leased for any number of years, not exceeding twenty- 
 five, at a rate established by law. 
 
 101. All money which shall be paid by persons as an 
 equivalent for exemption from military duty ; the clear pro- 
 ceeds of estrays, ownership of which shall vest in the taker- 
 up ; and the proceeds of fines for any breach of the penal 
 laws, shall be exclusively applied, in the several counties in 
 which the money is paid or fines collected, to the support of 
 common schools. 
 
 102. Provision shall be made by law for the establishment, 
 at some eligible and central point, of a State University, for 
 the promotion of literature, and the arts and sciences, includ- 
 ing a Normal and Agricultural department. All funds aris- 
 ing from the sale or rents of lands granted by the United 
 States to the State for the support of a State University, and 
 all other grants, donations or bequests, either by the State 
 or by individuals, for such purpose, shall remain a perpetual 
 fund, to be called the " University Fund," the interest of which 
 shall be appropriated to the support of the State University. 
 
 103. No religious sect or sects shall ever control any part 
 of the Common School or University Funds of the State. 
 
 104. The State Superintendent of Public Instruction, Sec- 
 retary of State, and Attorney-General shall constitute a 
 Board of Commissioners for the management and investment 
 of the school funds. Any two of said Commissioners shall 
 be a quorum. 
 
 ARTICLE VII Public Institutions. 
 
 105. Institutions for the benefit of the Insane, Blind, and 
 Deaf and Dumb, and such other benevolent institutions as 
 the public good may require, shall be fostered and supported 
 by the State, subject to such regulations as may be prescribed 
 by law. Trustees of such benevolent institutions as may be 
 hereafter created shall be appointed by the Governor, by and 
 with the advice and consent of the Senate ; and upon all
 
 106 Constitution of the State of Kansas. 
 
 nominations made by the Governor, the question shall be 
 taken in yeas and nays, and entered upon the journal. 
 
 106. A Penitentiary shall be established, the directors of 
 which shall be appointed or elected, as prescribed by law. 
 
 107. The Governor shall fill any vacancy that may occur 
 in the offices aforesaid, until the next session of the Legisla- 
 ture, and until a successor to his appointee shall be confirmed 
 and qualified. 
 
 108. The respective counties of the State shall provide, as 
 may be prescribed by law, for those inhabitants who, by 
 reason of age, infirmity, or other misfortune, may have claims 
 upon the sympathy and aid of society. 
 
 ARTICLE Till. Militia. 
 
 109. The militia shall be composed of all able-bodied 
 male citizens between the ages of twenty-one and forty- 
 five years, except such as are exempted by the laws of the 
 United States, or of this State ; but all citizens, of any relig- 
 ious denomination whatever, who, from scruples of conscience, 
 may be averse to bearing arms, shall be exempted therefrom, 
 upon such conditions as may be prescribed by law. 
 
 110. The Legislature shall provide for organizing, equip- 
 ping and disciplining the militia in such manner as it shall 
 deem expedient, not incompatible with the laws of the 
 United States. 
 
 111. Officers of the militia shall be elected or appointed, 
 and commissioned in such manner as may be provided by law. 
 
 112. The Governor shall be Commander-in-Chief, and shall 
 have power to call out the militia to execute the laws, to 
 suppress insurrection, and to repel invasion. 
 
 ARTICLE IX. County and Township Organization. 
 
 113. The Legislature shall provide for organizing new 
 counties, locating county -seats, and changing county lines ;
 
 Constitution of the State of Kansas. 107 
 
 and no county-seat shall be changed without the consent of 
 a majority of the electors of the county ; nor any county or- 
 ganized, nor the lines of any county changed so as to include 
 an area of less than four hundred and thirty-two square miles. 
 
 114. The Legislature shall provide for such county and 
 township officers as may be necessary. 
 
 115. All county officers shall hold their offices for the 
 term of two years, and until their successors shall be quali- 
 fied, except County Commissioners, who shall hold their offi- 
 ces for the term of three years ; provided, that at the general 
 election in the year eighteen hundred and seventy-seven the 
 Commissioner elected from the District Number One in each 
 county shall hold his office for the term of one year, the Com- 
 missioner elected from District Number Two in each county 
 shall hold his office for the term of two years, and the Com- 
 missioner elected from District Number Three in each county 
 shall hold his office for the term of three years; but no per- 
 son shall hold the office of Sheriff or County Treasurer for 
 more than two consecutive terms. 
 
 116. Township'officers, except Justices of the Peace, shall 
 hold their offices one year from the Monday next succeeding 
 their election, and until their successors are qualified. 
 
 117. All county and township officers may be removed 
 from office, in such manner and for such cause as shall be 
 prescribed by law. 
 
 ARTICLE X. Apportionment. 
 
 118. In the future apportionment of the State, each organ- 
 ized county shall have at least one Representative ; and each 
 county shall be divided into as many districts as it has Rep- 
 resentatives. 
 
 119. It shall be the duty of the first Legislature to make 
 an apportionment, based upon the census ordered by the last 
 Legislative Assembly of the Territory ; and a new apportion-
 
 108 Constitution of the State of Kansas. 
 
 ment shall be made in the year 1866, and every five years 
 thereafter, based upon the census of the preceding year. 
 
 120. Until there hall be a new apportionment, the State 
 shall be divided into election districts ; and the Representa- 
 tives and Senators shall be apportioned among the several 
 districts as follows, viz. : 
 
 First District Doniphan county four Representatives, 
 two Senators. 
 
 Second District Atchison and Brown counties six Rep- 
 resentatives, two Senators. 
 
 Third District Nemaha, Marshall, and Washington coun- 
 ties two Representatives, one Senator. 
 
 Fourth District Clay, Riley, and Pottawatomie counties 
 four Representatives, one Senator. 
 
 Fifth District Dickinson, Davis, and Wabaunsee counties 
 three Representatives, one Senator. 
 
 Sixth District Shawnee, Jackson, and Jefferson counties 
 eight Representatives, two Senators. 
 
 Seventh District Leavenvvorth county nine Representa- 
 tives, three Senators. 
 
 Eighth District Douglas, Johnson, and Wyandotte coun- 
 ties thirteen Representatives, four Senators. 
 
 Ninth District Lykins, Linn, and Bourbon counties nine 
 Representatives, three Senators. 
 
 Tenth District Allen, Anderson, and Franklin counties 
 six Representatives, two Senators. 
 
 Eleventh District Woodson and Madison counties two 
 Representatives, one Senator. 
 
 Twelfth District Coffey, Osage, and Breckinridge coun- 
 ties six Representatives, two Senators. 
 
 Thirteenth District Morris, Chase, and Butler counties 
 two Representatives, one Senator. 
 
 Fourteenth District Arrapahoe, Godfrey, Greenwood, 
 Hunter, Wilson, Dorn, and McGee counties one Represent- 
 ative.
 
 Constitution of the State of Kansas. 109 
 
 ARTICLE XI. Finance and Taxation. 
 
 121. The Legislature shall provide for a uniform and equal 
 rate of assessment and taxation ; but all property used exclu- 
 sively for State, county, municipal, literary, educational, sci- 
 entific, religious, benevolent, and charitable purposes, and 
 personal property to the amount of at least two hundred 
 dolhrs for each family, shall be exempted from taxation. 
 
 122. The Legislature shall provide for taxing the notes 
 and bills discounted or purchased, moneys loaned, and other 
 property, effects, or dues of every description (without de- 
 duction), of all banks now existing, or hereafter to be created, 
 and of all bankers ; so that all property employed in banking 
 shall always bear a burden of taxation equal to that imposed 
 upon the property of individuals. 
 
 123. The Legislature shall provide, at each regular session, 
 for raising sufficient revenue to defray the current expenses 
 of the State for two years. 
 
 124. No tax shall be levied except in pursuance of a law, 
 which shall distinctly state the object of the same, to which 
 object only such tax shall be applied. 
 
 125. For the purpose of defraying extraordinary expenses, 
 and making public improvements, the State may contract 
 public debts ; but such debts shall never, in the aggregate, 
 exceed one million dollars, except as hereinafter provided. 
 Every such debt shall be authorized by law for some purpose 
 specified therein, and the vote of a majority of all the mem- 
 bers elected to each House, to be taken by the yeas and nays, 
 shall be necessary to the passage of such law ; and every 
 such law shall provide for levying an annual tax sufficient 
 to pay the annual interest of such debt, and the principal 
 thereof, when it shall become due ; and shall specifically ap- 
 propriate the proceeds of such taxes to the payment of such 
 principal and interest ; and such appropriation shall not be
 
 110 Constitution of the /Slate of Kansas. 
 
 repealed, nor the taxes postponed or diminished, until the in- 
 terest and principal of such debt shall have been wholly paid. 
 12(>. No debt shall be contracted by the State, except as 
 herein provided, unless the proposed law for creating such 
 debt shall first be submitted to a direct vote of the electors 
 of the State, at some general election ; and if such proposed 
 law shall be ratified by a majority of all the votes cast at 
 such general election, then it shall be the duty of the Legis- 
 lature next after such election to enact such Jaw and create 
 such debt, subject to all the provisions and restrictions pro- 
 vided in the preceding section of this article. 
 
 127. The State may borrow money to repel invasion, sup- 
 press insurrection, or defend the State .in time of war; but 
 the money thus raised shall be applied exclusively to the 
 object for which the loan was authorized, or to the repayment 
 of the debt thereby created. 
 
 128. The State shall never be a party in cany ing on any 
 works of internal improvement. 
 
 ARTICLE XII. Corporations. 
 
 129. The Legislature shall pass no special act conferring 
 corporate powers. Corporations may be created under gen- 
 eral laws, but all such laws may be amended or repealed. 
 
 130. Dues from corporations shall be secured by individual 
 liability of the stockholders to an additional amount equal 
 to the stock owned by each stockholder, and such other means 
 as shall be provided by law ; but such individual liability 
 shall not apply to railroad corporations, nor corporations for 
 religious or charitable purposes. 
 
 131. The title to -all property of religious corporations 
 shall vest in trustees, whose election shall be by the member? 
 of such corporations. 
 
 132. No right of way shall be appropriated to the use 
 of any corporation, until full compensation therefor be first
 
 Constitution of the Slate of Kansas. Ill 
 
 made in money, or secured by a deposit of money, to the 
 owner, irrespective of any benefit from any improvement 
 proposed by such corporation. 
 
 133. Provision shall be made by general law for the organ- 
 ization of cities, towns, and villages ; and their power of tax- 
 ation, assessment, borrowing money, contracting debts and 
 loaning their credit, shall be so restricted as to prevent the 
 abuse of such power. 
 
 134. The term corporation, as used in this article, shall 
 include all the associations and joint-stock companies having 
 powers and privileges not possessed by individuals or part- 
 nerships; and all corporations may sue and be sued in their 
 corporate name. 
 
 ARTICLE XIII. Banks and Currency. 
 
 135. No bank shall be established otherwise than under a 
 general banking law. 
 
 136. All banking laws shall require as collateral security 
 for the redemption of their circulating notes of any bank 
 organized under their provision, a deposit with the Auditor 
 of State of the interest-paying bonds of the several States, 
 or of the United States, at the cash rates of the New York 
 Stock Exchange, to an amount equal to the amount of circu- 
 lating notes which such bank shall be authorized to issue, 
 and a cash deposit in its vaults of ten per cent, of such 
 amount of circulating notes; and the Auditor shall register 
 and countersign no more circulating bills of any bank than 
 the cash value of such bonds when deposited. 
 
 137. Whenever the bonds pledged as collateral security 
 for the circulation of any bank shall depreciate in value, the 
 Auditor of State shall require additional security,. or curtail 
 the circulation of such bank, to such extent as will continue 
 the circulation unimpaired. 
 
 138. All circulating notes shall be redeemable in the money
 
 112 Constitution of the State of Kansas. 
 
 of the United States. Holders of such notes shall be enti- 
 tled, in case of the insolvency of such banks, to preference 
 of payment over all other creditors. 
 
 139. The State shall not be a stockholder in any banking 
 institution. 
 
 140. All banks shall be required to keep offices and offi- 
 cers, for the issue and redemption of their circulation, at a 
 convenient place within the State, to be named on the circu- 
 lating notes issued by such banks. 
 
 141. No banking institution shall issue circulating notes- 
 of a less denomination than one dollar. 
 
 142. No banking law shall be in force until the same shall 
 have been submitted to a vote of the electors of the State at 
 some general election, and approved by a majority of all the 
 votes cast at such election. 
 
 143. Any banking law may be amended or repealed. 
 
 ARTICLE XIV.-Aniendments. 
 
 144. Propositions for the amendment of this Constitution 
 may be made by either branch of the Legislature ; and if 
 two-thirds of all the members elected to each House shall 
 concur therein, such proposed amendments, together with 
 the yeas and nays, shall be entered on the journal ; and the 
 Secretary of State shall cause the same to be published in at 
 least one newspaper in each county of the State where a 
 newspaper is published, for three months preceding the next 
 election for Representatives, at which time the Fame shall be 
 submitted to the electors for their approval or rejection ; arid 
 if a majority of the electors voting on said amendments, at 
 said election, shall adopt the amendments, the same shall 
 become a part of the Constitution. When more than one 
 amendment shall be submitted at the same time, they shall 
 be so submitted as to enable the electors to vote on each amend-
 
 Constitution of the State of Kansas. 113 
 
 ment separately; and not more than three propositions 'to 
 amend shall be submitted at the same election. 
 
 145. Whenever two-thirds of the members elected to each 
 branch of the Legislature shall think it necessary to call a 
 convention to revise, amend, or change this Constitution, 
 they shall recommend to the electors to vote at the next elec- 
 tion of members to the Legislature, for or against a conven- 
 tion ; and if a majority of all the electors voting at suclj 
 election shall have voted for a convention, the Legislature 
 shall, at the next session, provide for calling the same. 
 
 ARTICLE XV. Miscellaneous. 
 
 146. All officers whose election or appointment is not 
 otherwise provided for, shall be chosen or appointed, as may 
 be prescribed by law. 
 
 147. The tenure of any office not herein provided for may 
 be regulated by law ; when not so declared, such office shall 
 be held during the pleasure of the authority making the ap- 
 pointment ; but the Legislature shall not create any office 
 the tenure of which shall be longer than four years. 
 
 148. Lotteries and the sale of lottery tickets are forever 
 prohibited. 
 
 149. All public printing shall be done by a State printer, 
 who shall be elected by the Legislature in joint session, and 
 shall hold his office for two years, and until his successor 
 shall be elected and qualified. The joint session of the Legis- 
 lature for the election of a State printer shall be on the third 
 Tuesday of January, A. D. 1869, and every two years there- 
 after. All public printing shall be done at the capital, and 
 the prices for the same shall be regulated by law. 
 
 150. An accurate and detailed statement of the receipts 
 and expenditures of the public moneys, and the several 
 amounts paid, to whom, and on what account, shall be pub- 
 lished, as prescribed by law. 
 
 8
 
 114 Constitution of the tit ate of Kansas. 
 
 151. The Legislature shall provide for the protection of 
 the rights of women, in acquiring and possessing property, 
 real, personal, and mixed, separate and apart from the hus- 
 band ; and shall also provide for their equal rights in the 
 possession of their children. 
 
 152. The Legislature may reduce the salaries of officers 
 who shall neglect the performance of .any legal duty. 
 
 153. The temporary seat of government is hereby located 
 at the city of Topeka, county of Shawnee. The first Legis- 
 lature under this Constitution shall provide by law for sub- 
 mitting the question of the permanent location of the capital 
 to a popular vote, and a majority of all the votes cast at 
 some general election shall be necessary for such location. 
 
 154. A homestead to the extent of one hundred and sixty 
 acres of farming land, or of one acre within the limits of an 
 incorporated town or city, occupied as a residence by the 
 family of the owner, together with all the improvements on 
 the same, shall be exempted from forced sale, under any proc- 
 ess of law, and shall not be alienated without the joint con- 
 sent of husband and wife, when that relation exists ; but no 
 property shall be exempt from sale for taxes, or for the pay- 
 ment of obligations contracted for the purchase of said prem- 
 ises, or for the erection of improvements thereon ; provided, 
 the provisions of the section shall not apply to any process 
 of law obtained by virtue of a lien given by the consent of 
 both husband and wife. 
 
 155. The manufacture and sale of intoxicating liquors shall 
 be forever prohibited in this State except for medical, scien- 
 tific, and mechanical purposes.
 
 INDEX* 
 
 Academy of* Science, 84. 
 
 Acts, legislative when in force, 119. 
 
 Agent, State, 103. 
 
 Agricultural College, the, 149. 
 
 Society, State, 81. 
 Assembly, the, 105. 
 Assessments (taxes), 137. 
 Assessor, City, 58, 139. 
 
 Township, 139. 
 Assessors, Railroad, 78. 
 Associate Justices, 122. 
 Asylum, Blind, 155. 
 
 Deaf and Dumb, 156. 
 
 Feeble-minded, 156. 
 
 Insane, 154. 
 
 Orphan, 160. 
 
 Attorney, City, 58. 
 
 County, 41. 
 
 Attorney-General, 74. 
 
 Auditing Board, Township, 22, 23. 
 
 Auditor, County, 43. 
 
 Base Line, 173. 
 
 Benevolent Institutions, 152-160. 
 
 Bills, legislative, 115. 
 
 reading of, 116. 
 
 signed by, 118. 
 
 vote, necessary to pass, 118. 
 Blind Asylum, 155. 
 
 Board of Education, City, 63. 
 
 State, 87. 
 
 Board of Equalization, County, 140. 
 
 State, 141. 
 
 Board of Health, County, 44. 
 
 State, 44 (note), 90. 
 Board of Pardons, State, 88. 
 Board of Pharmacy, State, 92. 
 
 Board of Trustees of Charitable In- 
 stitutions, State, 89. 
 
 "Called Session" of Legislature, 112. 
 Canons four of Taxation, 133. 
 Canvassers, County, 35. 
 
 State, 67. 
 
 Certificates, State, 87. 
 
 Challenge, to a vote, 17. 
 
 Charitable Institutions, Trustees ot, 
 
 89. 
 
 Chief Justice, 122. 
 Circuit Court, U. S., 183. 
 Cities, 50-65. 
 
 Classification of, 51. 
 
 City Assessor, 58, 139. 
 
 Attorney, 58. 
 
 Board of Education, 63. 
 
 Clerk, 58. 
 
 Engineer, 62. 
 
 Government. 55. 
 
 Market-Master, 60. 
 Mayor, 56. 
 
 Officers, 56-62. 
 
 Ordinances, 55. 
 
 Organization, 52. 
 
 Police Judge, 57. 
 
 Prisons, 163. 
 
 Registration, 53. 
 
 Schools, 63. 
 
 Street Commissioner, 62. 
 Superintendent, 63. 
 
 Taxes, 138. 
 Treasurer, 58. 
 
 Weigh-Master, 59. 
 Clerk, City, 58. 
 
 County, 36. 
 
 * The figures refer to the paragraphs in the body of the work. The "Analysis" must 
 serve as an index to the Constitution. 
 
 115
 
 116 
 
 Index. 
 
 Clerk, District Court, 43 (note), 124. 
 
 School District, 7. 
 Supreme Court, 122. 
 
 Township, 20. 
 
 U. S. Dist. Court, 183. 
 
 Clerks, Legislature, 113. 
 
 Commissioner of Fisheries, 98. 
 
 Labor Statistics, 96. 
 
 Commissioners, County, 35. 
 
 Commissioners of Highways, Town- 
 ship, 22. 
 
 Committee of the Whole, 114. 
 
 Committees, legislative, 114. 
 
 Compulsory Law, educational, 9. 
 
 Conductor, Normal Institute, 148 
 (note). 
 
 Congressional Districts, 182. 
 
 Congressmen, 182. 
 
 election of, 182. 
 
 Qualifications, 182. 
 
 Term, 182. 
 
 Constables, 26. 
 
 Convergence of Meridinns, 176. 
 
 Convicts, efforts to reform, 167. 
 
 employment of, 167. 
 
 punishment of, 166. 
 
 Coroner, 40. 
 
 Correction lines, 177. 
 
 Corruption of courts, 131. 
 
 Counties, how established, 31. 
 
 number of, 31 (note). 
 
 County, the, 31-49. 
 
 County Attorney, 41. 
 
 Auditor, 43. 
 
 Board of Equalization, 140. 
 
 Board of Health, 44. 
 Canvassers, 35. 
 
 Clerk, 36. 
 
 Commissioners, 35. 
 
 Coroner, 40. 
 
 Elections, 34. 
 
 Examiners, 46. 
 
 Health Officer, 44. 
 - High Schools, 147. 
 
 Jails, 164, 165. 
 
 Normal Institutes, 148 (note). 
 
 Officers, 34-47. 
 
 County, Organization of, 32. 
 
 Register of Deeds, 38. 
 Seat, how chosen, 33. 
 
 Sheriff, 39. 
 
 Superintendent of Instruction, 
 
 45. 
 creates school districts, 2. 
 
 in cities, 63. 
 
 Surveyor, 42. 
 
 ! System, 15. 
 
 Tax, 139. 
 
 Treasurer, 37. 
 
 j Court Common Pleas (Sedgwick 
 County), 123 (note). 
 
 District, 121, 123. 
 
 Justice's, 27, 129. 
 
 Police, 57. 
 
 Probate, 125. 
 
 Supreme, 122. 
 
 U. S. Circuit, 184. 
 
 U. S. District, 183. . 
 
 Crime, how to lessen or prevent, 170. 
 Criminals, defined, 162. 
 
 Danger, in cities, 65. 
 Deaf and Dumb Asylum, 156. 
 Defective classes, the, 154. 
 Diplomas, State, 87. 
 Director, School District, 7. 
 District Attorney, U. S. 183. 
 District Courts, 122, 123. 
 District Court, Clerk, 124. 
 
 Judge, 124. 
 
 Stenographer, 124. 
 
 Terms, 123. 
 
 - U. S., 183. 
 
 District Judge, U. S., 183. 
 
 District (School) Tax, 138. 
 
 Districts, legislative how deter- 
 mined, 108. 
 
 Representative, 108. 
 
 Senatorial, 107. 
 Doorkeepers, 113. 
 
 Education. Higher, 144, 151. 
 
 State Board of, 87. 
 
 Elections, how conducted, 17.
 
 Index. 
 
 Ill 
 
 Elections, County, 34. 
 State, 67. 
 
 Township, 17. 
 Electors, who are? 4 (note). 
 
 Presidential, 180. 
 Embezzlement, State Funds, 73. 
 Emporia, Normal School, 148. 
 Engineer, City, 62. 
 Equalization, County Board, 140. 
 
 State Board, 141. 
 Examiners, County Board, 46. 
 Examining Board, State, 73. 
 Executive Council, 76. 
 
 Feeble-Minded. Asylum for, 156. 
 
 Felony, denned, 162. 
 
 Fence -Viewers!, 24. 
 
 Fisheries, Commissioner of, 98. 
 
 Free Schools, why established, 1. 
 
 Government Survey, 171. 
 Governor, 69. 
 Graded Schools, 145. 
 Grand Jury, 127. 
 
 Health-Officer, County, 44. 
 Health, County Board of, 44. 
 
 State Board of, 89. 
 Higher Education, 144-151. 
 High Schools, 146. 147. 
 Highways, 22, 25 (note to each). 
 Historical Society, State, 85. 
 House of Representatives, 105. 
 
 Improvement Taxes, 137. 
 
 Infamous Crime, defined, 162 (note). 
 
 Initial Point, 172. 
 
 Inquest, Coroner's, 40. 
 
 Insane Asylums, 154. 
 
 Insane, the, 154. 
 
 Inspector, Mines, 97. 
 
 Oils, 61, 100. 
 
 Instructor, Normal Institutes, 148 
 
 (note). 
 Insurance, State Superintendent of, 94. 
 
 Jails, County, 164, 165. 
 
 Joint District, 8. 
 Joint Sessions, Legislature, 112. 
 Judge District Court, 124. 
 Police Court, 57. 
 
 Probate Court, 1 25. 
 Supreme Court, 122. 
 
 U. S. Circuit Court, 183. 
 
 U. S. District Court, 183. 
 Judicial Districts, number of, 123. 
 Judiciary, organization, 121. 
 Judiciary, the, 121-131. 
 
 Juries, 127-130. 
 
 Jury, exemptions from, 130 (note). 
 
 Grand, 127. 
 
 Justices' Court, 27, 129. 
 
 - Petit. 128. 
 
 Trial by, 127. 
 Justices of the Peace, 27. 
 
 Labor Statistics, Commissioner of, 96. 
 Land OflSce, State, 72. 
 Land Surveys, 171-179. 
 Legislation, objects of, 120. 
 Legislative Districts, how determined, 
 
 108. 
 Legislators, Election, 110. 
 
 pay, 111. 
 
 qualifications of, 109. 
 
 Legislature, the, 105-120. 
 Acts, when in force, 119. 
 
 Bills, 115. 
 
 reading of, 116. 
 
 signed by, 118. 
 vote necessary to pass, IK. 
 
 "Called Session," 112. 
 
 Clerks, 113. 
 
 Committee of the Whole, 114. 
 Committees, 114. 
 
 Doorkeepers, 113. 
 
 Joint Session, 112. 
 
 Limit of Session, 111. 
 
 - Overriding a veto, 118. 
 
 - Pages, 113. 
 
 - Petitions, 115. 
 
 - Pocket Veto, 118. 
 
 - Postmaster, 113. 
 
 - Regular Session, 112.
 
 118 
 
 Index. 
 
 Legislature, Secret Session. 112. 
 Sergeant-at-arms, 113. 
 
 Sessions, 111. 
 Speaker, 113. 
 
 Special Committees, 114. 
 
 Special Session, 112. 
 
 ' Standing Committees, 114. 
 
 Veto, 118. 
 
 Librarian, State, 95. 
 Library, School District, 10. 
 Lieutenant-Governor, 70. 
 Live-Stock Sanitary Commission, 83. 
 "Lock in Legislation," 117. 
 Lower House, 105. 
 
 Manhuttau (Agricultural) College, 
 
 149. 
 
 Market-Master, City, 60. 
 Marshal, City, 57. 
 
 - U. S., 183. 
 Mayor, 56. 
 
 Medical Examiners, State, 91. 
 Meridians, convergence of, 176. 
 Mileage, of legislators, 11. 
 Mine Inspector, State, 97. 
 Misdemeanor, defined, 27, 162. 
 Municipal Corporations, 16 (note). 
 
 National affairs, 180-185. 
 
 Naturalization, 185. 
 
 Normal Institutes, County, 148 (note). 
 
 Normal Schools, 148. 
 
 Notaries Public, 47. 
 
 Oath, official. 6 (note). 
 Occupation-Tax, 136. 
 Officers, City, 56-62. 
 
 County, 34-47. 
 
 Number of Local, 29 (note). 
 
 School District, 5-7. 
 
 State, fiS-75. 
 
 Township. 18-28. 
 Oils, Inspector of. 61, 100. 
 Ordinances, defined, 55. 
 Orphan Asylum, 160. 
 Overriding a veto, 118. 
 Overseers of the Poor, 151. 
 
 Pages, 113. 
 
 Pardons, State Board of, 88. 
 
 Patent (deed), U. S., 179. 
 
 Paupers, 157. 
 
 Penal Institutions, 161-170. 
 
 Penitentiary, 166. 
 
 Officers, 166. 
 
 Punishment in, 166. 
 
 Personal Property defined, 138 (note). 
 
 Petit Jury, 128. 
 
 Petitions, 115. 
 
 Pharmacy, State Board of, 92. 
 
 Pocket Veto, 118. 
 
 Police Judge, 57. 
 
 Political Parties, origin of, 104. 
 
 Pool-book, 17. 
 
 Poll-tax, 135. 
 
 Poor-Farm, 157. 
 
 Posse, Sheriff's, defined, 39. 
 
 Postmaster. Legislature, 113. 
 
 Presidential Electors, 180. 
 I Principal of city schools, 63. 
 | Principal Meridian, 172. 
 i Printer, State, 93. 
 
 Prisons, City, 163. 
 
 Probate Court, 125. 
 
 Judge, 125. 
 
 Terms, 125. 
 
 ; Probate Judge, examines County 
 Treasurer's accounts, 37. 
 
 ', and the insane, 154. 
 
 : Public Buildings, inspection of, 90. 
 
 land grants for, 66. 
 
 Public Otlences, 162. 
 
 Jf 
 
 Railroad Assessors, 78. 
 
 Commissioners, 77. 
 
 Range lines, 174. 
 Ranges, in Kansas, 178. 
 i Ratio of Representation, 182. 
 Real Estate, defined, 138 (note). 
 Redemption, from tax sales, 142. 
 Reformatory, State, 169. 
 Reform School, State, 168. 
 Register of Deeds, County, 38. 
 Register of State Land Office, 72. 
 Registration of voters, 53.
 
 Index. 
 
 119 
 
 Regular Sessions, Legislature, 112. 
 Reporter, Supreme Court, 122. 
 Representation, in Legislature, 106. 
 Representation Districts, 48, 108. 
 Representatives, number of, 48, 105. 
 
 pay, 111. 
 
 qualifications, 109. 
 
 term of office, 110. 
 
 Representatives, U. S., 182. 
 Road-Overseer, 25. 
 
 denned, 25 (note). 
 
 permanent, 22. 
 Road-tax, 134. 
 
 School Age, 2. 
 School District, 1-12. 
 
 Annual Meeting, 4. 
 
 Clerk, 7. 
 
 Director, 7. 
 
 District Board, 6. 
 
 Joint District, 8. 
 
 Library, 10. 
 
 Name, 3. 
 
 Officers, 5-7. 
 
 Organization, 3. 
 
 Treasurer, 7. 
 
 Union District, 8. 
 
 School- Fund Commissioners, 79. 
 Schools, City, 63. 
 
 endowment, 66. 
 
 Secret Sessions, Legislature, 112. 
 
 Secretary of State, 71. 
 
 Sections, 179. 
 
 Senate, 105. 
 
 Senatorial Districts, 48, 107. 
 
 Senators, State, number, 48, 105. 
 
 term, 110. 
 
 Senators, U. S., election, 181. 
 
 qualifications, 181. 
 
 term, 181. 
 Sergeant-at-Arms, 113. 
 Sheriff, 39. 
 Sinking-Fund defined, 88. 
 
 Commissioners, 88. 
 
 Sixth (or Kansas) Principal Merid- 
 ian, 172. 
 Soldiers' Orphans' Home, 159. 
 
 Speaker, Legislature, 113. 
 Special Committees, 114. 
 Special Sessions, Legislature, 112. 
 Standard Parallel, 177. 
 Standing Committees, 114. 
 State, the, 66-104. 
 
 Agent, 103. 
 
 Agricultural Society, 81. 
 
 Auditor, 72. 
 
 Board of Agriculture, 81. 
 
 Education, 87. 
 
 Equalization, 141. 
 
 Health, 44 (note), 90. 
 
 Pharmacy, 92. 
 
 Trustees of Charitable In- 
 stitutions, 89. 
 
 Canvassers, 67. 
 
 Certificates, 87. 
 
 Diplomas, 87. 
 
 Elections, 67. 
 
 Examining Board, 73. 
 
 Historical Society, 86. 
 
 Medical Examiners, 91. 
 
 Mine Inspector, 97. 
 
 Officers, 68-103. 
 
 Organization, 66. 
 
 Printer, 93. 
 
 Reformatory, 169. 
 
 Reform School, 168. 
 
 Superintendent of Instruction, 
 75. 
 
 Tax, 138. 
 
 Treasurer, 73. 
 
 University, 150. 
 
 Veterinary Surgeon, 83. 
 
 Stenographer, District Court, 124. 
 Street Commissioner. City. 62. 
 Superintendent of Instruction, City, 
 63. 
 
 County, 45. 
 
 Insurance, State, 94. 
 
 State, 96. 
 Supreme Court, 122. 
 
 Associate Justices, 122. 
 
 - Chief Justice, 122. 
 
 - Clerk, 122. 
 Reporter, 122.
 
 120 
 
 Index. 
 
 Supreme Court, Terms, 122. 
 Survey, U.S., 13, 171. 
 Surveyor, County, 42. 
 
 Taxation, 132-143. 
 
 defined, 132. 
 
 four canons of, 133. 
 
 property exempt from, 138 
 
 (note). 
 Tax, assessments, 137. 
 
 City, 138. 
 
 city improvement, 137. 
 
 County, 138. 
 
 District, 138. 
 
 occupation, 136. 
 
 poll, 135. 
 
 road, 134. 
 
 rolls, 140. 
 
 sales, 142. 
 
 State, 138. 
 
 Township, 138. 
 Taxes, a charge on land, 142. 
 defined, 132. 
 
 how paid, 142. 
 
 legal ground for, 132. 
 
 Terms, Probate Court, 125. 
 
 Supreme Court, 122. 
 Territorial Legislature, and counties, 
 
 81. 
 
 Text-books, uniformity in, 11. 
 Township, the, 13-30. 
 Assessor, 139. 
 
 Auditing Board, 22, 23. 
 
 Clerk, 20. 
 
 Commissioners of Highways, 22. 
 
 Constables, 26. 
 
 Elections, 17. 
 
 Fence -Viewers, 24. 
 
 Justices of the Peace, 27. 
 
 Lines (surveys), 175. 
 
 Township, Name, 16. 
 
 Officers, 18, 28. 
 
 Organization, 16. 
 
 Road-Overseer, 25. 
 
 Tax, 138. 
 
 Treasurer, 21. 
 
 Trustee, 19. 
 
 Townships (surveys), 176, 178. 
 
 the New England method, 15. 
 
 Southern method, 15. 
 
 Western method, 15. 
 
 Treasurer, City, 58. 
 
 County, 37. 
 
 School District, 7. 
 
 State, 73. 
 
 Township, 21. 
 
 True Bill (Grand Jury), 127. 
 Trustee, Township, 19. 
 Trustees of Charitable Institutions, 
 State, 89. 
 
 Uniformity of Text-books, 11. 
 Union District, 8, 145. 
 University, the State, 150. 
 Upper House, Legislature, 105. 
 U. S. Circuit Court, 183. 
 U.S. District Court, 183. 
 U. S. Survey, 13, 171-179. 
 
 Vagabonds, defined, 161. 
 Vagrants, defined, 161. 
 Veterinary Surgeon, State, 83. 
 Veto, 118. 
 
 overriding a, 118. 
 
 pocket, 118. 
 
 Vote, necessary to pass a bill, 116. 
 Votes, how counted, 17. 
 
 Weigh-Master, City, 59. 
 
 Women, can vote when ? 4 (note).
 
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