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 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924030494334 
 
THE 
 
 GOVERNMENT OF THE PEOPLE 
 
 OF THE STATE OF 
 
 KANSAS 
 
 BY 
 
 PRANK HEYWOOD HODDER 
 
 Pbofessob of Auebican Histoey in teb TTnitesstty of Kansas 
 
 PHILADELPHIA 
 
 Eldredge & Brother 
 
 No. 17 North Seventh Street 
 
S-'^-f-f 
 
 
 ^.. 
 
 
 /)7^^3/-^ 
 
 Entered, according to Act of Congress, in the year 1895, by 
 
 ELDEEDGE & BROTHER, 
 
 in tlie Oface of the Librarian of Congress, at Washington. 
 
 QEORQE S. FERGUSON CO., 
 PAINTERS AND ELECTROTYPERS. 
 
 
The welfare and safety of the citizen depend much more directly 
 upon the administration of state and local government than upon 
 that of the nation. Although this fact is well known, its force 
 is not felt and national issues almost monopolize public attention. 
 In the hope that it may help to emphasize the duties that rest 
 upon the people, as citizens of a state, this little book has been 
 prepared. 
 
 The central government of the State is described first, upon the 
 theory that it is more logical to begin with the branch through 
 which the minor political divisions receive their authority, than it is 
 to begin with the minor divisions and work backwards. More 
 space than usual is given to the machinery of taxation, party 
 organization and elections. It is expected that the Constitution 
 will be carefully studied, and on this account many of its provisions 
 are not repeated in the text. To facilitate reference and recitation, 
 a full table of its contents is added. The Constitution must not be 
 " that part of the book at the end, which nobody reads." 
 
 The class should, if possible, be provided with a copy of the 
 "General. Statutes," and with the "Session Laws" since their 
 issue, by means of which they should be encouraged to find for 
 themselves the answers to the many questions which the text ought 
 to suggest. The teacher is advised to keep for the use of classes a 
 a crap book in which primary, convention and election calls, ballots, 
 blanks used by various officers and other illustrative material, may 
 be preserved. Various reports of State and local officers are also 
 useful. 
 
 Criticisms, suggestions and questions that occur to teachers who 
 may use this book as a text, will be gladly received. 
 
 Acknowledgment is due to Professor Thorpe for a few para- 
 graphs taken from his text-book on "The Civil Government of 
 Pennsylvania." 
 
 F. H. H. 
 University op Kansas, 1 
 Lawrence, Kansas. J 
 
 (ui) 
 
CHAPTER PAGE 
 
 I. The Establishment of Civil Government in Kansas . 5 
 
 II. The State Government 27 
 
 III. Local Government and Taxation 42 
 
 IV. Party Organization and Elections 67 
 
 The Constitution op the State op Kansas ......... 79 
 
 Index to the Constitution op the State 101 
 
 Appendix 103 
 
 General Index 109 
 
 ILLUSTRATIOIfS. 
 
 «)>o=;o 
 
 Charles Eobinson, First Governor op the State of Kansas 5 
 Main Buildino op the State University . . . . . . 25 
 
 The Great Seal op the State op Kansas 27 
 
 The Capitol Building at Topeka 37 
 
 (iv) 
 
Charles Robinson, First Governor o»' the tjiATB of Kansas. 
 
 KANSAS. 
 
 CHAPTER I. 
 
 THE ESTABLISHMENT OF CIVIL GOVERNMENT 
 IN KANSAS. 
 
 1. Slavery. — The organization of Kansas, first as a 
 territory and later as a state, is a part of the history of 
 the struggle over slavery which divided the Northern and 
 Southern states, from the adoption of the Constitution to 
 the end of the Civil War. Of the original thirteen states, 
 seven were free and six were slave. The early ad- 
 mission of Vermont as a free state and of Kentucky and 
 
6 THE CIVIL GOVERNMENT OF KANSAS. 
 
 Tennessee as slave states, gave to each section an equal 
 number of states and an equal representation in the Senate. 
 Until 1820, this equality between the sections was pre- 
 served and the contest over slavery postponed by the 
 alternate admission of free and slave states. 
 
 2. The Missouri Compromise. — In 1820 the con- 
 test over the admission of Missouri alarmed the country 
 " like a fire-bell in tlie night." The year before, both Ala- 
 bama and Missouri had applied for admission to the 
 Union as slave states. Alabama was admitted without 
 question as an offset to Illinois, admitted in 1818, thus 
 giving each section eleven states and equal representation 
 in the Senate. The question of admitting Missouri was 
 postponed. The North was beginning to awaken to the 
 necessity of checking the extension of slavery. Missouri 
 was on the border between the two sections, and might, so 
 far as location was concerned, become a free state. To 
 admit it with slavery, would give the South an extra state. 
 Just at this time Maine applied for admission as a free 
 state. The South refused to admit Maine unless Missouri 
 was admitted with slavery. The North refused to admit 
 Missouri as a slave state unless the South would agree that 
 the states which should thereafter be formed out of the Lou- 
 isiana purchase, north and west of Missouri, should be free. 
 After a severe struggle, the question was settled by the cele- 
 brated Missouri Compromise. Maine was admitted as a free 
 state and Missouri as a slave state, thus preserving the 
 equality of the sections, and it was provided that in all of 
 the territory ceded by France to the United States under 
 the name of Louisiana which lay north of 36° SO', except 
 Missouri, slavery should be forever prohibited. 
 
 3. Abolitionists.— In 1833 the followers of William 
 Lloyd Garrison organized in Philadelphia the American 
 Anti-Slavery Society. The abolitionists, as these men 
 were called, declared for the immediate and universal 
 emancipation of the slaves. Although few were readv to 
 
THE CIVIC HISTORY OP KAN8A8. 7 
 
 adopt the extreme measures proposed by the abolitionists, 
 their crusade against slavery aroused the North to an 
 appreciation of its evils, and established a strong and 
 growing sentiment in favor of checking slavery by all con- 
 stitutional means and preventing its further extension in 
 the territories. Upon the South the agitation had the 
 opposite effect of redoubling the efforts of the people in 
 defense of their " peculiar institution " and of increasing 
 their bitterness toward its opponents. 
 
 4. Texas. — It was clear to the South that, if they were 
 to keep abreast of the North, new territory must be ac- 
 quired out of which to make slave states, to offset the free 
 states which in time would be formed in the northwest. 
 For this purpose the annexation of Texas was effected in 
 1845. The number of states in the two sections was still 
 equal. Michigan balanced Arkansas, and Iowa and Wis- 
 consin balanced Florida and Texas. 
 
 6. The Compromise of 1850. — With the annexa- 
 tion of Texas came the Mexican War and, as a result, an 
 immense increase of territory, from which the South hoped 
 to make slave states. Even before peace was concluded the 
 struggle over the disposition of the territory began. The 
 first fruit of the conquest was a great disappointment to 
 the South. Gold was discovered in California, the country 
 was rapidly settled, a state government organized, and a 
 petition for admission as a free state forwarded to Con- 
 gress. The South had conquered Mexico only to secure 
 material for more free states. In 1850 the contest over 
 slavery was again postponed by another compromise, 
 which admitted California to the Union as a free state. 
 In California the North gained an extra state. Where 
 could the South organize a state to offset it? Slavery 
 would not flourish on the barren soil of New Mexico and 
 Utah. All of the remaining territory of the United States 
 was free under the Missouri Compromise. Part of it 
 must be recovered or the cause of slavery would be lost 
 
8 THE CIVIL GOVERNMENT OF KANSAS. 
 
 to the South forever. On the other hand, if the North 
 could maintain its advantage the battle for freedom would 
 be won. Herein lay the importance of the struggle for 
 Kansas. 
 
 6. Repeal of the MissoTiri Compromise. In 1854, 
 Congress repealed the Missouri Compromise by passing 
 what was known as the Kansas-Nebraska act. This act pro- 
 vided for the organization of two territories in the country 
 lying north and west of Missouri to the Rocky Moun- 
 tains : Kansas between the 37th and 40th parallels, 
 and Nebraska between the 40th and 49th parallels. The 
 most important feature of this act was its repeal of the 
 Missouri Compromise with respect to the two territories. 
 This step was considered a breach of faith by the people 
 of the North, who regarded the Compromise as a solemn 
 compact between the sections, that the territory in ques- 
 tion should be forever free. The South, on the other 
 hand, maintained that the Missouri Act had no greater 
 authority than any other law, and that it was within the 
 discretion of any Congress to repeal any act passed by a 
 preceding one. The Kansas-Nebraska Act declared that 
 its true intent and meaning was " not to legislate slavery 
 into any territory or state, nor to exclude it therefrom, but 
 to leave the people thereof perfectly free to form and regu- 
 late their domestic institutions in their own way, subject 
 only to the Constitution of the United States." This was 
 in accordance with the doctrine of popular sovereignty, 
 championed by Stephen A. Douglas, of Illinois. However 
 alluring the doctrine might be in theory, experience was 
 soon to prove that in practice its consequences were fear- 
 ful. Kansas became the battlefield in the struggle be- 
 tween the sections for pre-eminence. 
 
 7. Territorial Government.— The Kansas-Nebraska 
 Act, more commonly called the " Organic Act," pro- 
 vided a territorial government of the usual form for 
 each of the proposed territories. The executive depart- 
 ment consisted of a governor and a secretary, appointed 
 
TEE OIVIO mSTOBY OF KANSAS. 9 
 
 by the President. It was the duty of the governor to 
 execute the laws, grant pardons, commission ofi&cers and 
 command the militia. The secretary kept a record of the 
 laws passed by the legislature and of the acts and pro- 
 ceedings of the governor and acted as governor in case of 
 the death, removal, resignation or absence of that officer. 
 The legislature consisted of a council and house of repre- 
 sentatives, both elected by the people. The persons en- 
 titled to vote at the first election were free white male in- 
 habitants, above the age of twenty-one years, who were 
 actual residents of the territory and citizens of the United 
 States, or had declared their intention to become citizens. 
 The judiciary consisted of a chief justice and two asso- 
 ciate justices, appointed by the President. Other officers, 
 also appointed by the President, were the United States 
 marshal and the attorney for the territory. 
 
 8. The Bmigrant Aid Company. — As soon as it 
 became known that Kansas was to be opened for settle- 
 ment, preparations were made both North and South for 
 its occupation. It was important to be first in the field 
 and to secure the organization of the territorial govern- 
 ment. Even before the Kansas-Nebraska bill was signed, 
 the Massachusetts Emigrant Aid Company was chartered". 
 In 1855 it was reorganized under the name of the New 
 England Emigrant Aid Company. The idea and organiza- 
 tion of this association were due to the genius and energy 
 of Eli Thayer, of Worcester, Massachusetts. The object of 
 the society was to settle Kansas with Northern men, to 
 organize its territorial government without slavery and to 
 found a free state. This was to be done by arousing 
 interest in emigration, organizing companies of emigrants, 
 furnishing them with needed information, securing for 
 them favorable rates of transportation and furnishing cap- 
 ital to assist them in the settlement of a new country. 
 During the period of its activity, the Emigrant Aid Coin- 
 pany expended nearly $150,000 and assisted 3000 persons tq 
 
10 THE CIVIL GOVERNMENT OF KANSAS. 
 
 settle in Kansas. This was, of course, but a small propor- 
 tion of the emigrants from the free states, but the example 
 set by the Emigrant Aid Company led to the formation of 
 similar associations all over the North and started thou- 
 sands on their way to Kansas. 
 
 9. Southern Preparations. — Throughout the South- 
 ern states preparation for the settlement of Kansas was 
 made by the organization of secret societies variously 
 known as Blue Lodges, Social Bands or Sons of the South. 
 Their object was to secure Kansas for slavery. The most 
 active preparations were made in Missouri, under the 
 leadership of David R. Atchison and Benj. F. String- 
 fellow. Missouri was nearest the scene of conflict and 
 hence most interested in the result. If slavery were 
 excluded from Kansas, Missouri would be nearly sur- 
 rounded by free states, and it was felt that slaves would 
 escape so easily that their value would be destroj'ed and 
 that the state itself must ultimately become free. Feeling 
 ran high against the opponents of slavery. They were all 
 classed as abolitionists, and public meetings declared that 
 no abolitionist would be allowed to settle in Kansas. In 
 the rivalry between the two sections for the control of the 
 new territory, the South had the advantage of nearness to 
 the scene of action, while the North had the larger popula- 
 tion, greater energy and wealth. It resulted naturally, 
 therefore, that the first gains were made by the South, and 
 that the final victory rested with the North. 
 
 10. First Settlements. — Emigrants poured into the 
 new territory as soon as the act for its organization passed. 
 Missourians crossed the border and staked out the most 
 desirable land. Towns were established by the organiza- 
 tion of town companies. Subscribers for stock were en- 
 titled to draw as many lots as thej' held shares in the 
 companies. The Leavenworth town company was organ- 
 ized in June and the Atchison town company in July of 
 1854. Both towns were settled chiefly by Missourians, 
 
TEE CIVIG BISTORT OF KANSAS. \\ 
 
 and were the first headquarters of the "pro-slavery 
 party. The first settlers sent out by the Emigrant Aid 
 Society reached the presjent site of Lawrence August 1, 
 1854. Two weeks later they weje reinforced by a second 
 party, conducted by Dr. Charles Robinson, who came as 
 the agent of the society. Lawrence was from the first the 
 stronghold of the anti-slavery party. In December of 
 1854, Topeka was founded and the next year other towns 
 followed in rapid succession. 
 
 11. Character of the Emigrants. — The settlers in 
 Kansas during the first years of her history full naturally 
 into three principal classes. First were those emigrants 
 from the North who came partly to improve their economic 
 condition, but chiefly to help build up a free state and to 
 save Kansas from slavery. In this class there were some 
 abolitionists, but by far the greater part were moderate 
 men, who believed in checking slavery by preventing its 
 further extension in the territories. The second class was 
 composed of men from the South, equally determined to 
 make Kansas a slave state. In their view, slavery was 
 guaranteed by the Constitution of the United States, and 
 the slaveholder had as good a right to carry slaves into 
 the territories as he had to take any other property. 
 The South had lost ground in the race between the sec- 
 tions and Kansas presented the last chance of recovering 
 it. The third class consisted of adventurers of various 
 sorts from both sections, broken-down politicians, restless, 
 lawless men, to whom the restraints of civilization were 
 irksome, ruflSans and fugitives from justice, a class of 
 men who always drift to new countries. They cared not 
 whether slavery was voted up or down, but were ready to 
 embrace any party that promised them office and power, 
 and welcomed a state of society in which murder, arson and 
 robbery would go unpunished. It was the presence of 
 this class, ranged as they were on-both sides in the politi- 
 
12 THE OIVIL GOVEBNMENT OP KANSAS. 
 
 cal contest, that accounts largely for the disorder and 
 bloodshed in the early history of the state. 
 
 12. The First Election.— Andrew H. Reeder, the 
 first territorial governor of Kansas, arrived in Leaven- 
 worth in October, 1854. He called the first election for 
 November 29th, to choose a delegate to Congress. Whit- 
 field, the pro-slavery candidate, was elected. The pro-r, 
 slavery party probably had a majority in the territory, 
 and Whitfield would have been elected without the aid 
 of fraudulent votes. But according to the report of a 
 Congressional committee, out of 2843 votes cast, only 1114 
 were legal against 1729 illegal ones. 
 
 13. The Election for Territorial Legislature. — The 
 first census was completed in February, 1855. The re- 
 turns showed a population of 8501 persons, of whom 2905 j 
 were voters. The governor called an election, to be held' 
 March 30th, to choose members of the territorial legislature. "j 
 Upon the result depended the character of the government] 
 that would be organized. On the day appointed, thousands ^ 
 of Missourians swarmed across the border, became " actual ' 
 residents " of Kansas for a day, overawed the election i 
 officers and deposited their ballots for the pro-slavery can- 
 didates. 1410 legal votes and 4908 illegal votes were cast. 
 Of the legal votes 791 were for anti-slavery and 619 for 
 pro-slavery candidates. Nevertheless the governor issued 
 certificates of election to all but eight of the pro-slaverv 
 candidates. In the case of eight a new election was 
 ordered and their places were filled by anti-slavery men. 
 
 14. The First Session of the Legislature. — The ille- 
 gally elected legislature met at Pawnee, near Fort Riley, 
 in July, 1855. The first step was to unseat the anti-slavery 
 members and admit pro-slavery ones in their place. The 
 second was to adjourn, in defiance of the governor, to 
 Shawnee Mission, on the Missouri border. Reassembled 
 at Shawnee, the legislature re-enacted the laws of Missouri 
 almost entire, with the provision that, if the word Mis' 
 
THE CiriG HISTORY OF KANSAS. 13 
 
 souri should occur in the printed laws, it should be under- 
 stood to mean tlie Territory of Kansas. A barbarous slave 
 code was passed, which provided that any person who should 
 advise or assist an insurrection of slaves should sufferdeath ; 
 that any person who should assist a slave to escape should 
 suffer death or be imprisoned at hard labor for not less 
 than ten years ; that any person who should publish or 
 circulate any paper containing statements, arguments or 
 opinions calculated to produce disaffection among the 
 slaves, should be imprisoned at hard labor for not less 
 than five years ; and that any person who should deny 
 the right to hold slaves in the territorj^ should be im- 
 prisoned at hard labor for not less than two years. The 
 territory was divided into counties and all county officers 
 were appointed by the legislature for a term of two years. 
 The capital was located at Lecompton. The legislature 
 adjourned August 30th. Before this, Governor Reeder had 
 been removed from office by the President, and Wilson 
 Shannon of Ohio appointed to succeed him. 
 
 15. Organization of the Free-State Party. — As the 
 pro-slavery party had secured absolute control of the 
 territorial government for at least two years, the free-state 
 leaders decided to frame a Constitution and apply for 
 admission to the Union. With this end in view, a con- 
 vention was called to meet at Big Springs, a few miles 
 west of Lawrence, September 5, 1855. The convention 
 denounced the territorial legislature, nominated Reeder 
 for delegate to Congress and called a second convention to 
 be held later in the month at Topeka to decide the ques- 
 tion of a constitutional convention. The Topeka conven- 
 tion decided in favor of a constitutional convention and 
 arranged for the election of members. 
 
 16. The October Elections, 1855. — The territorial 
 government held a second election for delegate to Con- 
 gress on the 1st of October. Whitfield was re-elected, 
 receiving 2721 votes, all but 17 of the whole number cast. 
 
14 THE CIVIL GOVERNMENT OF KANSAS. 
 
 The free-state men refused to recognize the validity of the 
 government by participating in the election and refrained 
 from voting. October 9th they held a separate election 
 and cast 2849 votes for Reeder as territorial delegate and 
 chose members for their constitutional convention. 
 
 17. The Topeka Constitution. — The members of 
 the constitutional convention assembled in Topeka, 
 October 23, 1855, and continued in session until Novem- 
 ber 11. James H. Lane was chosen president of the con- 
 vention, and from this time forward he continued to be 
 one of the most prominent of the free-state leaders. The 
 Constitution framed by the convention was submitted to 
 the people December 15th, and ratified by a vote of 1731 
 against 46, the pro-slavery party not voting. January 15, 
 1856, an election was held for state officers under the new 
 Constitution, at which Charles Robinson was chosen 
 governor. The free-state legislature, elected at the same 
 time, met and organized March 4th, framed a memorial 
 asking for admission as a state under the Topeka Consti- 
 tution, and then adjourned to await the action of 
 Congress. When the legislature again met, on July 
 4, 1856, it was dispersed by United States troops. 
 The legislature met subsequently from time to time, 
 but never became an actual government. The National 
 House of Representatives passed a bill on July 3d to 
 admit Kansas as a state under the Topeka Constitution, 
 but the bill failed in the Senate. The Topeka Constitu- 
 tion, therefore, never went into effect. It served, however, 
 as a " rallying point, without which the free-state forces 
 must have drifted, become demoralized and probably 
 beaten." 
 
 18. The Wakarusa War. — There were now two dis- 
 tinct parties in Kansas. The pro-slavery party had com- 
 plete control of the territorial government, which was rec- 
 ognized as the legal government by the President of the 
 United States. The free-state party, seeking the admission 
 
THE OIVIO HISTORY OF KAN8A8. 15 
 
 of Kansas as a state under 4he Topeka Constitution, re- 
 fused all obedience to the acts of the territorial government, 
 but took care not to oppose directly the government of the 
 United States. A collision between the two parties was 
 inevitable. It came just after the Topeka Constitution was 
 framed and before it was submitted to the people for rati- 
 fication. November 21, 1855, a free-state man by the name 
 of Dow was murdered at Hickory Point, ten miles south 
 of Lawrence. Five days later one Jones, a resident of 
 Westport, Mo., who had recently been appointed sheriff' of 
 Douglas County, arrested a friend of Dow named Bran- 
 son, for having threatened to avenge the murder, and set 
 out with him for Lecompton. A party of free-state men 
 started in pursuit, overtook Jones and set Branson free. 
 This rescue was made the pretext for an attack upon Law- 
 rence. Sheriff Jones called for a posse of three thousand 
 men to assist in enforcing the law and Governor Shannon 
 called out the militia. Gradually a force of about two 
 thousand armed men, mostly Missourians, collected at 
 Franklin, in the Wakarusa Valley, a short distance east 
 of Lawrence. The people of Lawrence organized a com- 
 mittee of safety, appointed Governor Robinson commander- 
 in-chief and prepared to defend themselves as best they 
 could. Finally Governor Shannon, alarmed at the pros- 
 pect, came to Lawrence and, acting as mediator, succeeded 
 in patching up a peace, known as the Treaty of Lawrence. 
 According to the terms of the treaty, the citizens of Law- 
 rence disavowed the rescue of Branson and the posse 
 agreed to disband and go home. This ended the first 
 attack upon Lawrence, which is usually known as the 
 ''Wakarusa War." One free-state man, Thomas Barber, 
 was killed during its progress. 
 
 19, The Destruction of Lawrence. — The Treaty 
 of Lawrence proved but a truce. The intense severity of 
 the winter prevented further operations for a time, but in 
 the spring several events occurred which served as an 
 
16 TEE CIVIL GOVERNMENT OF KANSAS. 
 
 excuse for a renewal of hostilities. April 19, 1856, Sheri: 
 Jones appeared in Lawrence with warrants for thearre: 
 of the Branson rescuers. He was unable to make an 
 arrests and four days later reappeared with a detachmei 
 of United States troops. That night, while sitting in h: 
 tent, he was shot but not seriously injured, by some ui 
 known person. A public meeting denounced and dii 
 claimed responsibility for the shooting, but Jones was nc 
 appeased. Early in May a session of the district com 
 was held for Douglas County. Chief-Justice Lecompi 
 instructed the grand jury that the territorial laws were law 
 of the United States and that persons resisting them wei 
 guilty of treason. In accordance with these instructior 
 the jury indicted Reeder, Robinson and other free-stal 
 leaders for treason. Reeder resisted arrest and escape 
 from the territory in disguise. The others were arreste 
 and confined at Lecompton for four months, when the 
 were released on bail. A year later Robinson was trie 
 and acquitted. The other cases were not prosecuted. A 
 the same time that the free-state leaders were indictee 
 the grand jury recommended that the free-state papei 
 published in Lawrence be abated as nuisances and ths 
 the free-state hotel be destroyed. This action w^is suflE 
 cient provocation for a renewal of the attack upon Lav 
 rence. May 11th, the United States marshal called for 
 posse sufficient in number to execute the law. The pre 
 slavery forces began to assemble. May 21st, they entere 
 the town, under the command of Sheriff Jones, destroye 
 the newspaper offices, burned the free-state hotel and th 
 residence of Governor Robinson, and rifled the stores. 
 
 20. Civil War. — John Brown, afterwards famous a 
 the leader of the Harper's Perry insurrection, first aj 
 peared in Kansas during the " Wakarusa War " and too' 
 a prominent part in the defense of Lawrence. He disaj 
 proved of the treaty and withdrew to Osawatomie. Whei 
 the news of a second attack upon Lawrence reached hiir 
 
THB OiriO mSTOBT OF KAN8A8. 17 
 
 he started with a body of men for the scene of action. 
 Hearing, on the way, of the sack of Lawrence, Brown 
 determined upon revenge. With seven or eight men, on 
 the niglit of May 24th, he surprised five pro-slavery settlers- 
 living near Pottawatomie Creek and murdered them. 
 Brown's responsibility for this affair was immediately sus- 
 pected but not absolutely known until long afterwards. 
 Captain Pate, with a party of Missourians, who had not 
 yet returned from the attack upon Lawrence, started for 
 Osawatomie in pursuit of Brown. Brown and Pate met 
 near Black Jack, a fight ensued, which is usually known 
 as the Battle of Black Jack, and Brown captured Pate. Pate 
 was soon after released by United States troops. During 
 the summer, irregular war raged throughout the territory. 
 August 12th, a party of free-state men destroyed the block- 
 house at Franklin, east of Lawrence, and four days later 
 took Fort Titus, a pro-slavery stronghold near Lecompton. 
 August 30th, a large body of Missourians attacked Osawato- 
 mie and completely destroyed the town. 
 
 21. The Third Raid on Lawrence. — During the 
 summer of 1856, Governor Shannon was removed from 
 office and a little later John W. Geary, of Pennsylvania, 
 was appointed to succeed him. Geary was a man of 
 energy and decision of character. He reached Lecompton 
 September lOth, and immediately issued a proclamation 
 ordering all armed organizations upon both sides to disband. 
 Before his arrival acting-Governor Woodson had issued a 
 proclamation, declaring the territory in a state of insurrec- 
 tion and calling upon the militia for assistance. Pursuant 
 to this call armed bands of Missourians were gathering 
 about Lawrence, preparatory to a third attack upon the 
 town. As they paid no attention to the orders to disperse, 
 Governor Geary hastened to Lawrence September 14th, and 
 arrived just in time to prevent the attack. By mingled 
 threats and entreaties he succeeded in inducing the Mis- 
 sourians to disband and return to their homes. By these 
 
 9 — Kans. 
 
18 THE CIVIL GOVERNMENT OF KANSAS. 
 
 energetic measures, peace was temporarily restored. Johi 
 Brown was present in Lawrence during the siege, bu 
 immediately afterward left the territory and did no 
 return until the summer of 1858. In 1859 the territoria 
 legislature appointed a commission to ascertain th 
 amount of property destroyed during the period of civi 
 strife, lasting from November, 1855, to December, 1856. Th' 
 value of property destroyed by pro-slavery men was place( 
 at $318,000, and the value of that destroyed by free-stati 
 men at $94,000, making a total of $412,000. The commis 
 sion estimated that the total loss, including cost of equip 
 ping expeditions, amounted to $2,000,000, and that thi 
 number of lives lost during the same period exceeded tw( 
 hundred. 
 
 22. The Territorial Legislature. — The second sessioi 
 of the territorial legislature was held at Lecompton Iron 
 January 12 to February 21, 1857. The independen 
 attitude of the governor rendered a contest with th( 
 pro-slavery legislature inevitable. The most importan 
 measure of the session provided for a convention to frami 
 a state Constitution. Governor Geary vetoed the bill 
 chiefly upon the ground that there was no provision foi 
 submitting the proposed Constitution to a popular vote 
 but the legislature promptly passed it over his veto. As 
 time passed, the governor's difficulties increased; pro' 
 slavery ruffians threatened his life, the commanding 
 officer at Fort Leavenworth refused him protection anc 
 the legislature ignored his authority. Unable single- 
 handed to maintain his position, he resigned March 4 
 1857, and a week later he fled from the territory. 
 
 23. Governor Walker.— On the same 4th of March 
 that Geary resigned his office, President Buchanar 
 was inaugurated at Washington. Within the month 
 Robert J. Walker, of Mississippi was appointed governor 
 and Frederick P. Stanton, of Tennessee, secretary of 
 Kansas. Walker was by far the most distinguished man 
 
TEE OiriO SISTOUT of KAIHSAS. 19 
 
 ever sent to Kansas. He had been twice elected United 
 States Senator and had served as Secretary of the Treas- 
 ury under Polk. Tlie administration felt that the emer- 
 gency demanded a man of national reputation, and on 
 this account Walker was selected. He accepted the office 
 very reluctantly and only upon the condition that any Con- 
 stitution that should be framed for Kansas should be sub- 
 mitted to the people for ratification. 
 
 34. The Elections of 1857.— The act of the terri- 
 torial legislature for the election of delegates to a consti- 
 tutional convention provided for the registration of voters- 
 for the election. The census taken under the law was 
 very incomplete. Only 9251 voters were registered, and 
 in some counties there was no registration at all. At the 
 election of delegates to the convention, held June 15th, the 
 free-state men refused to take part, so that of the 9251 
 voters registered only 2200 cast their ballots. The dele- 
 gates therefore represented but a small minority of the 
 people. The result proved that the free-state men might 
 have controlled the election if they had seen fit to vote. 
 Profiting by this experience, free-state conventions during 
 the summer decided to take part in the fall election for 
 the territorial legislature. The election occurred October 
 5 and 6, 1857, and the free-state party elected a majority 
 of both houses of the legislature, thus gaining control of 
 the territorial government. 
 
 25. The Lecompton Convention.— The constitu- 
 tional convention met at Lecompton in September and 
 adjourned until October 19th, when they reassembled and 
 continued in session until November 7th. The Constitution 
 framed by the convention was wholly in the interest of 
 slavery. It declared that the right of property was higher 
 than any constitutional sanction and that the right of an 
 owner of a slave to such slave was the same and as invio- 
 lable as the right of the owner of any property whatever. 
 The legislature was forbidden to pass any laws for the 
 
20 THE CIVIL aOVEBNMENT OF KANSAS. 
 
 emancipation of slaves without the consent of their 
 owners or without paying them a full equivalent in 
 money for the slaves emancipated. Another section pro- 
 vided that free negroes should not be allowed to live in 
 the State under any circumstances. Instead of submit- 
 ting the Constitution fully and freely to the people for 
 ratification or rejection, the convention provided that 
 ballots should be cast only for the "Constitution with 
 Slavery " or for the " Constitution with no Slavery." All 
 persons offering to vote were required to take an oath to 
 support the Constitution and the Constitution was not to 
 be amended in any way for seven years, and even then 
 no alteration could be made in the provisions respecting 
 slavery. Even if a majority voted for the " Constitution 
 with no Slavery," the right of property in slaves already 
 in the territory was in no way to be interfered with. A 
 week after the constitutional convention adjourned. Gov- 
 ernor Walker left for Washington to oppose its action in 
 refusing to submit the Constitution to a popular vote. 
 Finding that the administration would not sustain him, 
 he resigned. In Walker's absence Secretary Stanton 
 called an extra session of the territorial legislature, in 
 which the free-state party had recently secured control. 
 For this act Stanton was immediately removed and John 
 W. Denver was appointed in his place. The legislature 
 passed an act submitting the Lecompton Constitution to a 
 vote of the people. The election ordered by the conven- 
 tion was held December 21st, and the free-state party 
 refrained from voting. 6143 votes were returned for the 
 " Constitution with Slaverj' " against 589 for the " Consti- 
 tution with no Slavery," but nearly half the formei 
 number were fraudulent. The election ordered by the 
 legislature was held January 4, 1858, and this time the 
 pro-slavery party refrained from voting. 10,226- votes 
 were cast against the Constitution and only 162 in its 
 favor. 
 
THE Ciria HISTOBY OF KANSAS. 21 
 
 26. The Lecompton Constitution in Congfress. — 
 The contest was now transferred for a time from the 
 soil of Kansas to the halls of Congress. At the opening 
 of the session, President Buchanan in his annual message 
 advised the admission of Kansas under the Lecompton 
 Constitution. Fehruary 2, 1858, he transmitted the Con- 
 stitution to Congress with a special message urging its 
 acceptance. In accordance with this recommendation the 
 Senate passed a bill to admit Kansas under the Lecomp- 
 ton Constitution. By opposing that bill Senator Douglas 
 began that division in the Democratic party which two 
 years later resulted in the disruption of the part)'. The 
 House refused to force a pro-slavery Constitution upon 
 Kansas against her will and amended the Senate bill so as 
 to provide that the Constitution be again submitted to a 
 popular vote, and, if ratified, that the State be admitted, 
 but, if rejected, that the people frame a new Constitution. 
 The Senate refused to concur in the House amendment 
 and a committee of conference was appointed. The con- 
 ference committee reported a substitute, known from its 
 author as the " English bill," which passed both Houses 
 of Congress on the 30th of April, and was signed by 
 the President on the 4th of May. The "English bill" 
 proposed to induce the people of Kansas to accept the 
 Lecompton Constitution by means of a bribe and a threat. 
 The Constitution was again to be submitted to popular 
 vote. If ratified, Kansas was to be admitted and receive 
 as a reward a large grant of public lands. If rejected, the 
 people were not to be authorized to frame another Consti- 
 tution until the population of the territory should equal 
 the ratio of representation required for a member of Con- 
 gress, which was at that time over 193,000- Under the 
 provisions of the " English bill," the Lecompton Constitu- 
 tion was again submitted to the people. The election was 
 held on the 2d of August. 11,300 votes were cast against 
 
22 THE CIVIL GOVERNMENT OF KANSAS. 
 
 the Constitution and only 1788 in its favor. This ended 
 the attempt to force slavery into Kansas. 
 
 27. The Leavenworth Constitution. — While these 
 events were taking place, still another Constitution was 
 framed in Kansas. In February, 1858, the territorial 
 legislature called a new constitutional convention. Not- 
 withstanding the veto of Secretary Denver, who was soon 
 after appointed governor, delegates were elected and met at 
 Minneola, whence they adjourned to Leavenworth. Here 
 a free-state Constitution was adopted, identical in large part 
 with the earlier Topeka Constitution. When submitted to 
 the people, only a light vote was polled in its favor, and 
 Congress never took any action respecting it. 
 
 28. South-eastern Kansas. — During the whole of 
 the territorial period, the history of South-eastern Kansas 
 was quite distinct from that of the North-eastern part, and 
 its events had little effect upon the constitutional struggle. 
 South-eastern Kansas was at first almost entirelj' settled by 
 pro-slavery men from the Southern states. A few free- 
 state men had come here, however, and in the autumn of 
 1856 one Captain Clarke attacked them, destroyed their 
 property and drove them from their homes. The free- 
 state men organized for defense, under the leadership of 
 James Montgomery', and, finding guerrilla warfare quite to 
 their liking, continued to raid and rob pro-slaverj' men 
 both in Kansas and Missouri, for a year or more. In the 
 spring of 1858, Charles A. Hamilton, of West Point, Mo., 
 raised a band of men for the purpose of making reprisals. 
 Crossing the Kansas line to Trading Post, Linn County, on 
 the 19th of May, 1858, he seized eleven free-state men, and 
 taking them to a ravine near the Marais des C3'gnes. shot 
 them down in cold blood. Five of the men were instantly 
 killed, five were seriously wounded but afterwards recov- 
 ered, and one escaped unharmed by feigning death. In 
 June, Governor Denver made a tour through the south- 
 eastern counties and succeeded in temporarily restoring 
 
THE CIVTO HISTORY OF KANSAS. 23 
 
 peace. At this time John Brown reappeared and joined 
 Montgomery. The truce did not last long. December 16th, 
 Montgomery made an attack upon Fort Scott and a few 
 days later Brown made a raid into Missouri, where he lib- 
 erated twelve slaves, with whom he immediately left for 
 Canada. In 1859 the territorial legislature passed a gen- 
 eral amnesty act covering all political offenses, and the 
 troubles in South-eastern Kansas gradually subsided. 
 
 29. The Wyandotte Constitution. — In February, 
 1859, the territorial legislature passed an act referring to 
 the people the question of calling another constitutional 
 convention. The election held in March resulted favorably 
 to a new convention. Delegates were chosen in June and 
 met at Wyandotte, now Kansas City, in July. They 
 were for the most part young men, the earlier leaders 
 having grown tired of fruitless Constitution-making. A 
 new Constitution was framed upon the model of the 
 constitution of Ohio. October 4th, it was ratified by the 
 people, and December 6th, an election of officers under the 
 new Constitution was held, at which Charles Robinson was 
 elected governor. Kansas had still to wait some time for 
 admission to the Union. A bill for her admission passed the 
 House of Representatives April 11, 1860, but a favorable 
 vote could not be secured in the Senate until the Southern 
 senators had withdrawn. The bill was finally passed Janu- 
 ary 21, 1861, and signed by the President on the 29th. 
 February 9th , Governor Robinson was inaugurated, and thus 
 was finally established the civil government of the State 
 of Kansas. On the same day Jefferson Davis was elected 
 President of the Southern Confederacy, and the war that 
 began in Kansas was extended to the entire Union. 
 
 30. Progress in Kansas. — The Wyandotte Consti- 
 tution fixed the capital temporarily at Topeka and this 
 location was made permanent by a vote of the people at 
 the fall election of 1861. The government of Kansas has 
 continued under this Constitution until the present time, 
 
24 THM CIVIL GOVEBNMEN'T OF KANSAS. 
 
 Very few changes have been made in the course of thirty- 
 five years. Of the more important amendments, one, 
 adopted in 1875, extended the terms of senators and rep- 
 resentatives and provided for biennial instead of annual 
 sessions of the legislature, and another, adopted in 1880, 
 prohibited the manufacture and sale of intoxicating 
 liquors. When the State was admitted into the Union, 
 there were only a few organized counties along the eastern 
 border; now one hundred and five counties cover her 
 entire territory. The population has increased from a little 
 over one hundred thousand in 1860 to nearly a million 
 and a half in 1895. The increase in wealth and prosperity 
 hiis been almost uninterrupted since the close of the Civil 
 War. The people of Kansas have always been exception- 
 ally liberal in their support of educational institutions. 
 Coairaon schools are to be found everywhere. All of the 
 larger towns and several counties support high schools of 
 high rank. The State Agricultural School at Manhattan, 
 the State Normal School at Emporia and the State Uni- 
 versity at Lawrence compare favorably with the best in- 
 stitutions of their kind in the older and wealthier states. 
 
 31. The Future of the State.— What shall be the 
 future of our State? That future depends upon the men 
 and women, the boys and girls of to-day. Throughout 
 the wide world there is no land so full of opportunities as 
 our own. We are free to make our institutions ideal in 
 their perfection. But our civil institutions depend upon 
 the citizen for their strength and character. He makes 
 the government in townsiiip, city, county, state and na- 
 tion. His interests are entrusted to public servants of his 
 own choosing. Upon him fall the responsibilities and the 
 blessings of free government. At the fireside we hear the 
 story of Washington and of Lincoln ; in school we study 
 the history of the states and of the nation ; we learn 
 the nature of the state, its organization and its adminis- 
 tration. We leave school and enter upon the active duties 
 
26 THE CIVIL GOVERNMENT OF KANSAS. 
 
 of life. Then our influence is for or against good govern- 
 ment : we hinder or we promote the general welfare. 
 Many years ago a child of five years became king of 
 France. Until he was old enough to take upon himself 
 the cares of his kingdom his guardians ruled in his name. 
 On the day when he became of age his minister inquired 
 of him, " Sire, to whom shall I now report? " " To me," 
 replied the king , " I am the state." And in this country, 
 when a youth enters upon his manhood years, he may 
 well say, " I am the state. Its interests, its honor, its 
 history, are mine also." Popular government on a vast 
 scale is for the first time on trial in this country. It is 
 upon the individual citizens that its destiny depends. The 
 work of good government is our work. " With malice 
 toward none; with cliarity for all ; with firmness in the 
 right, as God gives us to see the right, let us strive on to 
 finish the work we are in." Then maj' we confidently 
 expect the blessings of Providence to rest upon the State 
 of Kansas. 
 
The Great Sbai, of the State of Kansas.^ 
 
 CHAPTKR II. 
 
 THE STATE GOVERNMENT. 
 
 33. Citizens and Electors. — The Constitution of the 
 United States determines who shall be citizens of the 
 United States and of the states. The Fourteenth Amend- 
 ment provides that " all persons born or naturalized in the 
 United States and subject to the jurisdiction thereof are 
 citizens of the United States and of the state wherein they 
 reside." Therefore all men, women and children, born or 
 naturalized in the United States and subject to its jurisdic- 
 
 ' The Great Seal was adopted by the first State legislature. The 
 question of a design was referred to a joint committee of the two houses 
 and to this committee Jolin J. Ingalls, at that time secretary of the 
 senate, submitted a sketch representing a single star rising from the 
 clouds to join a, constellation, with the motto, ''Ad astra peraspera" 
 (To the stars through difficulties). The clouds represented tlie terri- 
 torial troubles, the single star represented Kansas, and the constellation, 
 consisting of as many stars as there were then states, represented the 
 Union. The committee adopted tlie motto, but altered the design so 
 much that the original meaning of the motto was obscured. 
 
 (27) 
 
28 THE CIVIL GOVERNMENT OF KANSAS. 
 
 tion, who reside in Kansas, are citizens both of the United 
 States and of the State of Kansas. The Constitution of 
 the State determines who shall have the right to vote. 
 This privilege is not given to all citizens and it is given to 
 some who Tre not citizens, but who have formally de- 
 clared their intention to become citizens.' Those persons 
 who are entitled to vote are termed electors. The legis- 
 lature has conferred the right to vote in school and city elec- 
 tions upon women possessing the qualifications required 
 of men. The right to vote in State elections cannot be ex- 
 tended without an amendment of the State Constitution. 
 
 33. The State Constitution consists of two parts, 
 the Bill of Rights and what may be called the Frame of 
 Government. The Bill of Rights secures to all citizens 
 their fundamental civil and political rights, such as re- 
 ligious liberty, freedom of speech and of the press and the 
 right to trial by* jury. The Bill of Rights is derived 
 mainly from the English Bill of Rights, enacted by Par- 
 liament in 1689; from the Declaration of Independence; 
 and from the Constitution of the United States. The re- 
 mainder of the Constitution establishes the government of 
 the State. The Constitution provides a method for its own 
 amendment' 
 
 34. The State Government is vested in three de- 
 partments — the executive, the legislative and the judicial. 
 It is the duty of the Legislature to make, of the Judiciary 
 to interpret, nnd of the Executive to enforce the laws. 
 
 35. The Executive Department consists of seven 
 officers: a governor, lieutenant-governor, secretary of 
 state, auditor, treasurer, attorney-general, and superin- 
 
 'tendent of public instruction.' All of these officers are 
 elected by popular vote at the general State election held 
 
 ' See jiri. V. Beferences to the State Constitution are frequently in- 
 perted in order to encourage the study of tlie document itself and to call 
 attention to information not embodied in the text. 
 
 * See Art. XIV. 'See Art. I Sec. 1. 
 
TBE STATE GOVERNMENT. 29 
 
 on the Tuesday succeeding the first Monday in November in 
 the even years (1896, 1898, etc.), and they hold their offices 
 for the term of two years, beginning on the second Monday 
 of January' next after their election. The compensation 
 of these officers is fixed by law and cannot be increased or 
 diminished during the term for which they are elected.' 
 
 36. The Governor. — The supreme executive power of 
 the State is vested in the governor. It is his chief dut}' to 
 see that the laws are faithfully executed.'' At the opening 
 of every session of the legislature, he must communicate 
 in writing such information as he may possess in reference 
 to the condition of the State and recommend such measures 
 as he may deem expedient. He maj' call an extra session 
 of the legislature on extraordinary occasions and may ad- 
 journ the legislature in case of disagreement between the 
 two houses in respect to the time of adjournment.' In tlie 
 exercise of the veto power, the governor participates in the 
 legislative power. Every bill and joint resolution passed 
 by the legislature must be presented to him for his signa- 
 ture. If he approves it, he signs it, but if not, he returns 
 it to the legislature, with a statement of his objections. 
 This action defeats the bill, unless two-thirds in each 
 house vote to pass it over the veto.* The governor has 
 the power to appoint, subject to confirmation by the 
 senate, a number of important officers, and he may fill 
 vacancies in all offices, until such time as they may be 
 regularly filled in the manner prescribed by law." The 
 pardoning power is vested in the governor." In the exer- 
 cise of this power, he may grant pardons and reprieves 
 and commute sentences imposed by the courts. But the 
 governor exercises the pardoning power only upon recom- 
 mendation of a board of pardons, consisting of three 
 
 ' See Appendix for list of salaries of principal State officers. 
 
 » See AH. I. Sec. 3. ' See Art. I. Sects. 5, 6. * See Art. II. Sec. 14 
 
 s See Art. L Sec. 14 ; and Art. VII. Sects. 1, 2. « See Art. L Sec. 7. 
 
30 TSE OIVIL GOVERNMENT OF KANSAS. 
 
 persons, whom he appoints with the consent of the senate, 
 and whose duty it is to inquire into the advisability of 
 all pardons and to report their conclusions to him. The 
 governor is commander-in-chief of the militia, and in case 
 of necessity may call it out to execute the laws, suppress 
 insurrection or repel invasion.' He is also keeper of the 
 great seal, and all commissions must be signed by him 
 and stamped with the seal.^ 
 
 37. The Lieutenant-Governor is president of the 
 senate, but has a vote only when the senate is equally 
 divided. In case of the death, resignation, removal from 
 ofiBce or other disability of the governor, the lieutenant- 
 governor acts as governor and in case of his death, resigna- 
 tion, removal or disability, the president fro tempore of 
 the senate succeeds to the office.' He receives for his 
 services six dollars a day during the sessions of the legis- 
 lature and $700 a year as member of the State Board of 
 Railroad Assessors, making a total of $1,000 for the years 
 that the legislature is in session, and $700 for other years. 
 While acting as governor he receives the same salary as 
 that officer. 
 
 38. The Secretary of State has charge of all books, 
 records and official papers belonging to the State; of 
 all enrolled bills and resolutions passed by the legis- 
 lature; of election returns, made to his office; of the 
 charters of private corporations, and of other documents 
 which the law requires to be filed with him. It is his 
 duty to -countersign and keep a registry of all commissions 
 issued by the governor. He prepares the laws of each 
 session of the legislature for publication and, after publi- 
 cation, has charge of their distribution. 
 
 39. The State Auditor keeps all the accounts of the 
 State. It is his duty to audit the bills of all officers and 
 
 ' See Art. VIII. Sec. 4. » See Art. I. Sects. 8, 9. 
 
 » See Art. I. Sects. 11, 13. 
 
THE STATE GOVERNMENT. 31 
 
 other persons entitled to receive money from the State treas- 
 ury. Having satisfied himself that they are correct and au- 
 thorized by the appropriations made by the legislature, he 
 issues a warrant upon the State treasurer for their pay- 
 ment. He must keep an account of all receipts and ex- 
 penditures on the part of the State and report the same 
 biennially to the governor. For the guidance of the 
 legislature in making appropriations, he must make esti- 
 mates of necessary expenses for the two years succeeding 
 each session. As secretary of the State Board of Railroad 
 Assessors, the auditor must report to each county clerk 
 the assessment of railroad property in his county as made 
 by the board. As member of the State Board of Equali- 
 zation, the auditor must prepare for the use of the board 
 a statement of the assessed valuation of property in each 
 county, and report to each county clerk any changes made 
 by the board in the assessment and the amount of the 
 taxes for State purposes to be raised in his county. 
 
 40. The State Treasurer receives all money belong- 
 ing to the State and pays all expenses of the State govern- 
 ment and State institutions upon presentation of warrants 
 drawn by the proper officers. He must keep accurate 
 accounts of all receipts and expenditures and make a 
 detailed report of them to the governor every two years. 
 To ensure the faithful performance of his duties he must 
 file a bond for the sum of one million dollars before taking 
 the office.* The law requires that the governor, secretary 
 of state and auditor, acting as an examining board, make 
 ii careful examination of the accounts of the office and 
 count all money in the treasury at least once a month. 
 
 41. The Attorney-General is the law officer of the 
 State. It is his duty to defend the State in all suits that 
 may be btought against it and also to prosecute in court 
 claims made by the State against any person, corporation, 
 
 ' Bonds in varying araoniita are required of nearly all State ofiScera. 
 
32 TSE CIVIL GOVEHNMENT of KANSAS. 
 
 other state, or the government of the United States. He 
 is also required to give official opinions upon legal ques- 
 tions that may be submitted to him by the governor, 
 either branch of the legislature, the heads of the State de- 
 partments and the county attorneys throughout the State. 
 
 42. The Superintendent of Public Instruction has 
 the general supervision of the educational interests of the 
 State. It is his duty to distribute the income of the State 
 school fund among the several counties. He must furnish 
 opinions to county superintendents upon any questions 
 arising out of the interpretation of school laws, must visit 
 the schools of each county at least once in two 3'ears and 
 biennially must make a full report to the governor upon the 
 condition of education in the State. 
 
 43. State Boards. — A number of State boards have 
 been created from time to time for the performance of 
 particular duties. They consist either of certain of the 
 officers already mentioned or of persons chosen for the 
 particular service, usually by the governor, subject to con- 
 firmation by the senate. 
 
 1. The Executive Council (governor, secretary of state, auditor, 
 treasurer, attorney -general and superintendent of public instruction) 
 have charge of the State House, approve bonds required of State 
 officers, designate the official State paper, award the contract for 
 supplying the State with stationery and perform such other duties 
 as are from time to time assigned to it. 
 
 2. The School Fund Oommissioners (superintendent of 
 public instruction, secretary of state and attorney-general) have 
 charge of the investment of money belonging to the permanent 
 school fund.' 
 
 3. The State Board of Equalization (secretary of state, 
 auditor and treasurer) equalize the assessment of property made 
 in the several counties of the State by adding to or subtracting 
 from the assessment in each county such a percentage as may be 
 necessary to secure a uniform rate of assessment throughout the 
 State. 
 
 ' See Art. VL Sec. 3. 
 
THE BTATE GOVERNMENT. 33 
 
 4. The State Board of Canvassers (governor, secretary of 
 state, auditor, treasurer and attorney-general) canvass the vote for 
 the election of State officers. 
 
 5. The Sinking Fund Commissioners (governor, secretary 
 of state and auditor) have charge of the investment of any funds 
 accumulated for the payment of the State debt. 
 
 6. The State Board of Eailroad Assessors (lieutenant- 
 governor, secretary of state, treasurer, auditor and attorney-general) 
 make the assessment of all railroad property in the State. 
 
 7. The State Board of Reilroad Commissioners vras 
 abolished in 1898 and a Board of Visitation substituted, but the 
 latter has been declared unconstitutional, so that at present there is 
 no State supervision of railroads. 
 
 8. The State Board of Charities (five members, appointed 
 by the governor for terms of three years) have the management of 
 all the State charitable and reformatory institutions except the 
 penitentiary. These include the insane asylums at Topeka and 
 Osawatomie, the institution for the education of the deaf and 
 dumb at Olathe, the institution for the education of the blind at 
 Kansas City, the asylum for idiotic and imbecile youth at Winfield, 
 the soldiers' orphans' home at Atchison, the reform school at 
 Topeka and the industrial school for girls at Beloit. 
 
 9. The State Penitentiary at Lansing, and the Industrial 
 Reformatory at Hutchinson, are governed by boards of direc- 
 tors, each board consisting of three members, appointed by the 
 Governor. 
 
 10. The State Board of Public "Works (three members, ap- 
 pointed by the governor for terms of four years) appoint the State 
 architect and have charge of all buildings erected at the expense 
 of the State. 
 
 11. The State Board of Pardons (three members, appointed 
 by the governor for an indefinite term) receive applications for par- 
 don, investigate them and report to the governor. 
 
 12. The State Board of Agriculture consists of the officers 
 and executive committee of the State Agricultural Society, with 
 the governor and secretary of state as ex-offido members, It is the 
 duty of the board to compile statistics of agriculture, population, 
 valuation, indebtedness and the like, and to publish the same in 
 their biennial reports to the legislature. 
 
 13. Three Boards of Regents (each consisting of six mem- 
 3— Kans 
 
34 THE CIVIL GOVERNMENT OF KANSAS. 
 
 bers, appointed by the Governor) have charge respectively of the 
 three State educational institutions: the University at Lawrence, 
 the Agricultural College at Manhattan, and the Normal School -at 
 Emporia. The board of regents for the University have an ad- 
 ditional member in the Chancellor, who is elected by the board, acts 
 as its president and has the same powers as the other regents. 
 
 14. Tlie State Board of Education (superintendent of public 
 insti-uction, chancellor of the State university, the presidents of the 
 agricultural college and normal school, and three members, appointed 
 by the governor for terms of two years) have charge of the granting 
 to teachers of State diplomas and certificates, and prepare questions 
 used by the county boards in examinations for county certificates. 
 
 15. Other State Boards are the Live-Stock Sanitary Com- 
 mission and the Boards of Health, Dentistry and Pharmacy. 
 
 16. The State Agricultural Society, the State Horticultural 
 Society, the Academy of Science and the State Historical Society 
 are voluntary organizations, semi-o£6cial in character, because they 
 are recognized and a part of their expenses .paid by the State. 
 
 44. Admimstrative Officers. — In addition to the of- 
 ficers already mentioned, other officers have been pro- 
 vided to assist in the administration of the government. 
 They are generally appointed by the governor, subject to 
 confirmation by the senate. They include the adjutant- 
 general, State bank commissioner, State superintendent of 
 insurance. State printer, State agent, commissioner of labor 
 statistics, commissioner of forestry, fish and silk commis- 
 sioners, and State grain, mine, oil and sugar inspectors. 
 The duties of these ofiicers are indicated' by their titles. 
 
 1. The Adjutant-General issues the Governor's ordei-s to the 
 National Guard and has the custody of the State military records.' 
 
 ' Militia and National Guard. — The militia is composed of 
 all the able-bodied male citizens between the ages of twenty-one and fortv- 
 five years, except such as are exempt by law [Art. VIII.). That part of 
 the militia which is enlisted for active service is known as the National 
 Guard. As at present organized, the National Guard consists of three 
 regiments of infantry. Enlistments are for a term of five years and are 
 voluntary. When called into active service, officers and men are paid 
 according to the schedule of the United States army. The governor is 
 
THE STATE GOVERNMENT. 35 
 
 2. The State Printer is elected by the legislature in joint ses- 
 sion for a term of two years. ' The prices paid him for printing 
 are fixed by law. 
 
 3. The State Agent prosecutes in the proper departments of 
 the government, or in the courts of the United States having juris- 
 diction, claims of the State against the United States. He receives 
 as compensation a commission on the amount collected, usually ten 
 per cent. 
 
 4. The State Librarian has charge of the library kept in 
 the State House for the use of the State officers. He is appointed 
 by the governor, upon nomination by the justices of the supreme 
 court, who are the trustees of the library. 
 
 45. The Legislative Power is vested in a senate and 
 a house of representatives, which together constitute the 
 State legislature. The legislature meets at the State 
 capital on the second Tuesday in January of every odd 
 year (1897, 1899, etc.). Members must be qualified voters 
 in the district for which they are chosen.^ They receive 
 as compens'ation for their services the sum of three dollars 
 a day for each day of actual service, but not for more than 
 fifty days of the regular session or thirty days for any 
 special session.' They are entitled to certain privileges, 
 which are intended to protect them in the discharge of 
 their duties.* 
 
 The legislature makes all the laws of the State, but the 
 laws it makes must not conflict with the Federal Constitu- 
 tion or with that of the State, or they will be declared un- 
 constitutional by the courts, and therefore null and void. 
 These laws provide for the government of counties, cities, 
 townships and school districts ; for the establishment of 
 
 commander-in-chief and appoints, with consent of the senate, one major 
 and three brigadier-generals. The major-general, brigadier-generals 
 and adjutant-general constitute a military hoard, with power to advise 
 the governor respecting the military interests of the State. 
 
 I See Art. XII. Sec. 4. " See Art. IL Sects. 4-6. 
 
 » See AH. II. Sec. 3. * See Art. II. Sec. 22. 
 
36 TBE CIVIL GOVBUNMBNT OP KANSAS. 
 
 courts and the regulation of their procedure; for the divi- 
 sion of the Sute into congressional, judicial, represent- 
 ative and senatorial districts; for the organization and 
 government of corporations, such as insurance, railway, 
 telegraph, telephone and manufacturing companies; for 
 the dealings of citizens with each other, such as the 
 making of contracts and partnerships, the buying and 
 selling of land, houses, goods and property of all kinds, 
 the making of mortgages, deeds, promissory notes, checks, 
 and the like, and for all otlier matters in which the 
 citizens of the State may have an interest. Wherever 
 possible these laws must be general in their nature and 
 have a uniform operation throughout the State. 
 
 It is also the duty of the legislature to levy taxes and 
 make appropriations for all State expenses and no money 
 can be drawn from the treasury except in pursuance of a 
 specific appropriation made by law. The legislature elects 
 two persons who represent the State in the Senate of the 
 United States. ' 
 
 46. The Senate consists of forty senators, one for each 
 of the senatorial districts into which the State is divided. 
 The senator from each district is chosen for a term of four 
 years by the electors of that district. The lieutenant-gov- 
 ernor of the State is president of the senate. He presides 
 over the sessions of the senate, appoints the committees, 
 
 ' Congress lias by federal law prescribed the manner of electing 
 United States senators. The legislature next preceding the expiration 
 of tlie term for which any senator is chosen, shall upon the second 
 Tuesday after its meeting and organization proceed to the election of his 
 successor. On the first day a viva voce vote is taken in eacli house. At 
 noon on the second day a joint session is held, and if the same person 
 has received a majority of the votes cast in each house, he is declared 
 elected. If not, the legislature proceeds to an election in joint session 
 and the person who receives a m.ijority of the votes of the joint assem- 
 bly, a majority of the members of both houses being present and voting, 
 is elected. At least one vote must be taken each day until an election 
 is e£fected. 
 
38 TEE aiVIL GOVERNMENT OF KANSAS. 
 
 but has a vote only when the senate is equally divided. 
 The senate chooses from its own number a president ■pro 
 tempore to preside in the absence of the lieutenant-gov- 
 ernor. Tlie senate has power to confirm appointments 
 made by the governor and to try impeachments. A two- 
 thirds vote is necessary for conviction upon trial for im- 
 peachment.^ 
 
 47. The House of Representatives consists of one 
 hundred and twenty-five members chosen to serve for two 
 years b}' the electors in the several representative districts 
 into which the State is divided. The house elects from its 
 own members a speaker, who presides over its sessions, ap- 
 points the committees and has a vote upon all questions. 
 The house has the sole power to initiate aud prosecute 
 impeachments. 
 
 48. How the Laws are Made. — The manner of mak- 
 ing laws in the legislature is practically the same as 
 in the Congress of the United States. A law may originate 
 in the form of a bill in either house. The bill is referred 
 to a committee, and, when reported from the committee, 
 is printed for the use of members. Every bill must be 
 read on three separate days in each house unless two- 
 thirds of the house agree to suspend the rule; a majority 
 of all the members of each house is necessary to its pas- 
 sage, and upon the final passage in each house, the j'eas 
 and nays must be taken and entered upon the journal. 
 
 If agreed to by a majority of all the members in both 
 houses, the bill is sent to the governor. If he approves it, 
 he signs it and the bill becomes a law. If he does not 
 approve it, he vetoes it— that is, he returns it to the house of 
 representatives with a statement of his objections. If' 
 two-thirds of the members of the house vote to pass the 
 bill over the veto, it is sent to the senate, and if the same 
 action is taken there, it becomes a law without the ap- 
 
 ' gee AH. II. Sects. 27, 28. 
 
TBE STATE GOVERNMENT. 39 
 
 proval of the governor. If any bill is not returned within 
 three days, Sundays excepted, after it has been presented 
 to the governor, it becomes a law in like manner as if he 
 had signed it.' 
 
 49. The Judicial Power of the State is vested in the 
 supreme court, district courts, probate courts, justices' 
 courts and such other courts as the legislature may estab- 
 lish.'^ 
 
 50. The Supreme Court consists of three judges: a 
 chief-justice and two associates. They are chosen by the 
 electors of the whole State for terms of six years, one jus- 
 tice being chosen every two years. The jurisdiction of 
 the supreme court extends over the entire State and is of 
 two kinds, original and appellate. Original jurisdiction is 
 that which the court exercises over cases which may be 
 tried by it, without having first been tried in a lower court. 
 The original jurisdiction is limited by the Constitution to 
 proceedings in qu,o warranto, mandamus and habeas corpus? 
 All other cases must come to the supreme court on appeal 
 from the appellate or district courts. The regular terms of 
 the supreme court are held at the State capital in January 
 and July of each year; but the judges meet monthly to 
 transact such business as may come before them. 
 
 61. Appellate Courts. — In 1895 the legislature divided 
 the State into two departments, one consisting of the 
 northern and the other of the southern counties, and 
 
 1 See Art. II. Sec. 14. » See Art III. Sec. 1. 
 
 ' Proceedings in guo warranto ate begun against persons or corpora- 
 tions in order to determine by what warrant or authority a given office 
 is held or given privileges are enjoyed and to oust the person or cor- 
 poration in case legal right to the office or privileges is not proven. 
 Mandamus is a writ by which the court may require a person, corpora- 
 tion or lower court to do a particular thing which by law they are under 
 obligation to do. Habeas corpus is a writ by means of which any person 
 imprisoned may test the legality of his imprisonment and regain his 
 liberty in case his detention proves unwarranted in law. 
 
40 TSE CIVIL aOVEBNMENT OF KANSAS. 
 
 created a court of appeals for each. The departments are 
 each divided into three divisions, the Eastern, Middle and 
 Western, and terms of court are held successively in each 
 division. Each court consists of three judges : a presiding 
 judge and two associates. The first judges were appointed 
 by the governor and confirmed by the senate. Their suc- 
 cessors will be elected in 1897, one in each division, for a 
 ^term of four years. At the end of .their terms in 1901 the 
 icourts will expire. Each court has, within its respective 
 divisions, the same original jurisdiction as the supreme 
 court, and exclusive jurisdiction, with certain exceptions, 
 upon appeals from the district courts, in cases of mis- 
 demeanor and in civil actions in which the amount in 
 controversy does not exceed two thousand dollars. 
 
 62. District Courts. — The State is divided into 
 thirty judicial districts and in each district the people 
 elect a district judge who holds office for a term of four 
 years. The law provides for the election, by members 
 of the bar present, of a judge pro tern., in case the district 
 judge is absent, or unable to serve or personally interested 
 in the case to be tried. The district court has general 
 jurisdiction over civil and criminal cases that arise within 
 the district.' Appeals are taken to the appellate and su- 
 preme courts. Cases which tlie law provides shall origi- 
 nate in probate and justices' courts are carried on appeal 
 to the district court. There are usuallj- several counties 
 in each district and teems are held in them successively. 
 
 1 The work of the district courts in Shawnee and Wyandotte Counties 
 was so much in arrears that the legislature in 1891 created an addi- 
 tional court in each county, the one called the Circuit Court of Shawnee 
 County and the other the Court of Common Pleas of Wyandotte County. 
 The jurisdiction of these courts is nearly the same as that of the district 
 courts. The judges are chosen by the electors of their respective coun- 
 ties for terras of four years and receive the same compensatiop as 
 district judgea. 
 
THE STATE GOVERNMENT. 41 
 
 In each there is a clerk of the district court for that 
 county.^ 
 
 53. Lower Courts. — The courts below the district 
 courts are the probate, justices' and police courts. They 
 are described under the head of county, township and 
 city officers respectively. 
 
 1 See Par. 64. 
 
CHAPTER III. 
 
 LOCAL GOVERNMENT AND TAXATION. 
 
 54. Local Government is that part of the State 
 government by which local affairs are administered, such 
 as the preservation of the peace, the administration of 
 justice in minor cases, the construction of roads and 
 bridges, the maintenance of common and high schools, the 
 care of the poor and similar interests. For local purposes 
 the State is divided into counties, townships and school 
 districts and certain parts are organized as cities. These 
 various subdivisions constitute political corporations and 
 they derive their powers from the Constitution and from 
 laws passed by the State legislature. 
 
 THE COUNTY. 
 
 55. The County. — The State of Kansas is divided into 
 one hundred and five counties.' The county is created by 
 
 ^Tliis division of the State into counties, and our system of county 
 government, had their origin in similar features that existed in England 
 before the Norman conquest. At that time England was divided into 
 sliires, a sliire being a share or part of the country. When the Nor- 
 mans conquered England they changed the name shire to county. 
 When the colonists came to this country they established here the insti- 
 tutions with which they were familiar at home, making such modifica- 
 tions as were necessary to meet new conditions. In New England the 
 town system and in the south the county system of local government 
 was established. The Middle States evolved a^ compromise system, 
 which divided the powers of government about equally between town 
 and county, and from this union of the two systems the system adopted 
 in Kansas was derived. 
 (42) 
 
LOCAL GOVERNMENT AND TAXATION. 43 
 
 and derives all its powers from the legislature and that 
 body may create new counties and alter the boundaries of 
 old ones as it sees fit, but no new county shall be organized 
 nor the lines of any county changed so as to include an 
 area of less than four hundred and thirty-two square 
 miles.' Each county is a corporation empowered to sue 
 and be sued, to purchase, hold and convey real or personal 
 property, to make contracts and to exercise such other 
 powers as may be especially conferred by the State legis- 
 lature. 
 
 56. County Officers are the county commissioners, 
 county clerk, treasurer, sheriff, register of deeds, attorney, 
 superintendent of public instruction, clerk of the district 
 court, probate judge, surveyor and coroner.' All of the 
 county officers are elected for terms of two years, except 
 the county commissioners, whose term of office is three 
 years.' The clerk, treasurer, sheriff, register of deeds, sur- 
 veyor and coroner are elected in the " odd " years, and the 
 probate judge, clerk of the district court, county superin- 
 tendent of public instruction and county attorney in the 
 " even " years. The oflBcers are required to keep offices at 
 the county seat, a town usually selected by popular vote 
 when the county is organized, either on account of its im- 
 portance or central location. The compensation of county 
 officers is derived principally from fees. The fees that 
 may be charged are fixed by the legislature. The amount 
 received therefore varies in the several counties, with the 
 amount of business done. In the more populous counties, 
 fixed salaries are usually provided for certain of the 
 officers. 
 
 57. The Board of County Commissioners consists 
 
 1 See Art. IX. Sec. 1. 
 
 ^A. County Auditor, appointed by the district court, is provided 
 for in counties of over forty-five thousand inliabitants. It is his duty to 
 examine and pass upon all claims against the county. 
 
 ^SeeArtlX.Sec.^. 
 
44 TEE GIVIL GOVERNMENT OE KANSAS. 
 
 of three members, one for each of the three county com- 
 missioner districts into which the county is divided. The 
 term of office is three years, and one commissioner is 
 elected each year. The county board have charge of all 
 buildings belonging to the county, examine and settle all 
 accounts against the county, levy and apportion among the 
 townships the county tax, organize and determine the 
 boundaries of townships, have supervision of county roads, 
 canvass the vote in county elections, and in general have 
 the management of all county business, for which no other 
 provision is made by law. The board cannot erect county 
 buildings or levy a tax or borrow money for that purpose 
 without submitting the question to popular vote, and secur- 
 ing popular approval. Meetings of the county board are 
 held quarterly in January, April, July and October. The 
 commissioners usually receive compensation at the rate of 
 three dollars a day, while attending the meetings of the 
 board. The number of days for which they can draw pay 
 is proportioned to the population of the county. In coun- 
 ties of over twenty-five thousand inhabitants they receive 
 a fixed salary of three hundred dollars. 
 
 68. The County Clerk attends the sessions and keeps 
 a record of the proceedings of the county board, signs and 
 issues all orders for the payment of money approved by 
 the board, keeps an account of receipts and expenditures 
 of the county and all accounts of tlie county with other 
 officers and prepares the official ballots for general elec- 
 tions. 
 
 59. The County Treasurer collects the taxes and re- 
 ceives all other money paid to the county, pays all county 
 orders or warrants approved by the board and issued by 
 the county clerk, transmits to the State treasurer the State 
 tax collected in the county, and keeps an accurate ac- 
 count of the financial condition of the county. He is 
 under bonds for the faithful performance of his duties and 
 the safe keeping of the county's money. He is not eligibly 
 
LOCAL GOVERNMENT AND TAXATION. 45 
 
 to election for more than two successive terms. In coun- 
 ties of over twenty-five thousand inhabitants, his salary is 
 fixed at four thousand dollars a year. 
 
 60. The Sheriff is the executive officer of the county. 
 He appoints as many deputies as may be necessary to as- 
 sist him in the discharge of his duties. He attends the 
 sessions of the district court and executes the writs and 
 orders of the court. He attends the drawing of jurors and 
 summons them when drawn. He gives official notice of 
 all county elections. He has custody of the county jail 
 and is responsible for the safe keeping of the prisoners. 
 It is his duty to preserve the peace, and for this purpose, 
 in case of riot, may call to his aid as many persons as may 
 be necessary. The persons summoned constitute a fosse 
 comitaius (literally, power of the county), or, more briefly, a 
 posse. If the posse is not able to quell the disturbance, the 
 sheriff may call upon the militia for assistance. The 
 sheriff is paid by fees. He is not eligible to election for 
 more than two consecutive terms. 
 
 61. The Register of Deeds has charge of the books in 
 which deeds and mortgages are required by law to be re- 
 corded. Thfese books must be fully indexed, so as to be 
 easy of reference. The register also keeps a book of maps, 
 in which all parcels of land in cities and townships within 
 the county are platted. He receives fees, the amount of 
 which is fixed by law. 
 
 62. The County Attorney is the law officer of the 
 county. It is his duty to defend the county in suits 
 brought against it and to prosecute suits brought in its in- 
 terest. He shall, at the request of any magistrate having 
 jurisdiction, prosecute all complaints made in behalf of 
 
 the State for violation of State laws. It is his duty to 
 give legal opinions to any of the county officers, upon any 
 questions of law upon \vhich they ask for advice. 
 
 63. The County Superintendent of Public Instruc- 
 tion has the general supervision of all schools in the 
 
46 THE CIVIL GOVERNMENT OF KANSAS. 
 
 county. It is his duty to establish and change the boun- 
 daries of school districts, when the interests of the people 
 require it, to apportion State and county school funds 
 among the districts, examine and correct the books re- 
 quired to be kept by the ofl&cers of the school districts, 
 hold a publia meeting at least once a year in each district 
 for the purpose of discussing school questions and ele- 
 vating the standard of education, visit each school in the 
 county at least once in six months, keep a record of all 
 the teachers, encourage the formation of associations for 
 their improvement, superintend the meeting of county 
 normal institutes, and make quarterly reports of the work 
 of his office and the condition of education in the county 
 to the State superintendent of public instruction. The 
 salary of the county superintendent is proportioned to the 
 number of persons of school age in the county. 
 
 The county superintendent is chairman, ex-officio, of the 
 County Boaed of Examiners, consisting, besides himself, 
 of two competent persons, appointed, upon his nomination, 
 by the county commissioners. It is the duty of the board 
 to examine persons proposing to teach in the common 
 schools of the county and to issue certificates to such as are 
 properly qualified. The examination questions are uni- 
 form throughout the State and are furnished by the State 
 board of education. 
 
 An act passed in 1886 provides that a County High 
 SoHOOL may be established by a vote of the people in each 
 county having a population of 6000 inhabitants or over. 
 The county superintendent and a Board of High School 
 Trustees, consisting of six members, two of them chosen 
 annually by the county at large for terms of three years, 
 are given control of such schools. High schools have been 
 estabhshed in Dickinson, Atchison, Labette, Sumner, 
 Thomas, Montgomery and Crawford counties. 
 
 64. The Clerk of the District Court keeps the 
 records of the terms of the district court'in each county, 
 
LOOAL aOVEBNMENT AND TAXATION. 47 
 
 empanels the juries, subpoenas the witnesses, administers 
 oaths in open court, and records or files all papers which 
 the law requires to be filed in his office. He must keep a 
 record of the notaries public commissioned in the county.^ 
 
 65. The Probate Judge constitutes the probate court 
 of each county. He is empowered to prove and admit to 
 record the last wills and testaments of deceased persons, to 
 direct and control the acts of the executors or adminis- 
 trators of their estates, to appoint guardians for minors, 
 persons of unsound mind and habitual drunkards and 
 make all necessary orders relating to their estates, to issue 
 marriage licenses, bind apprentices and hear and deter- 
 mine cases of habeas corpus. 
 
 66. The County Siirveyor must procure and keep 
 on file in his office plats of the original surveys, made by 
 the United States,^ of lands in the county ; re-establish 
 missing corners of sections; subdivide sections when neces- 
 sary ; survey any section road, which it is proposed to con- 
 struct in answer to the petition of householders residing 
 in the vicinity ; establish permanently, at the request of 
 the owners, the lines between adjacent tracts of land ; sur- 
 vey mines, in case owners of adjacent property make affi- 
 davit that the mine owners are excavating beyond the 
 limits of their own property and keep a record of the 
 variations of the magnetic needle. 
 
 'Notaries Public. — Tlie governor appoints, for terms of four 
 years, as many notaries public as are needed in each county. Tliey 
 have authority to administer oaths, take depositions, acknowledge deeds 
 and other documents, demand payment of bills of exchange and prom- 
 issory notes, and to "protest" them in case of non-payment. A protest 
 is an official certificate that demand for payment has been made and 
 refused. 
 
 2 See Chap. XIII. of Thorpe's "Course in Civil Government" for an 
 account of the method adopted by the United States for the survey of 
 the public domain. All of Kansas was public domain, and was sur- 
 veyed by the United States. 
 
48 THB CIVIL GOVERNMENT OE KANSAS. 
 
 67. The Coroner.' — It is the duty of the coroner to 
 examine into the cause of the death of any persoij sup- 
 posed to have died by unlawful means or the cause of 
 whose death is unknown. He summons to his assistance 
 in each case six citizens of the county. The examination 
 is called a " coroner's inquest " and the six men constitute 
 a " coroner's jury." If the jury have reason to think that 
 a crime has been committed, the coroner issues a warrant 
 for the arrest of the person charged with the crime, who 
 is committed to jail to await trial in the courts. In case 
 of vacancy in tlie office of sheriff, the coroner acts as 
 sheriff. 
 
 68. Grand and Petit Juries, Trial by Jury. — As 
 juries are drawn by county officers and from the body of 
 the countj^, they may properly be treated under county 
 government. In counties of less than thirty thousand in- 
 habitants, the trustee in each township and the mayor in 
 cities, during the month of April of each year, make out 
 from the assessment rolls of the preceding year, a list of 
 suitable persons, having the qualifications of electors, to 
 serve as jurors for the ensuing year. In counties of over 
 thirty thousand, this work is done by three Juby Commis- 
 sioners, appointed for a term of two years by the governor. 
 The lists are sent to the county clerk who writes the names 
 upon separate slips and deposits them in a box. Before 
 any term of court, at which a grand jury shall be ordered, 
 or a petit jury required bj' law, the clerk in the presence 
 of the sheriff and at least one justice of the peace draws 
 from the box the names of as many persons as are needed 
 to serve as jurors. 
 
 A Grand Jury is called only in criminal cases. It is 
 the duty of a grand jury to attend the sessions of the 
 court, and to examine the evidence which the county at- 
 
 ' Til e word coroner 13 derived from crowner. In early England the 
 ofiBcer was called crowner, because appointed by the Crown. 
 
LOCAL GOVERNMENT AND TAXATION. 49 
 
 torney presents against persons charged with crime. In 
 Kansas a grand jury consists of fifteen members.' If 
 twelve of them agree that the evidence is sufficient to 
 justify a trial, the foreman writes upon the complaint " A 
 true bill." This constitutes an indictment and the ac- 
 cused is held for trial. But if twelve of them do not agree 
 that the evidence is sufiicient to justify a trial, the foreman 
 writes " Not a true bill," and the accused is discharged. 
 Grand juries are not required by the State Constitution 
 and are summoned by the court only upon petition of one 
 hundred taxpayers of the county. There is a tendency to 
 dispense with them altogether and to leave the prosecution 
 of crime entirely to the county attorney. 
 
 A Petit Jury consists of twelve memb. s.'' It is its 
 duty to hear the evidence in court and decide the case 
 upon the evidence presented. The number of jurors 
 drawn for each term of court is called a panel, and is deter- 
 mined in advance by the district judge. It may be any 
 number between twelve and thirty-six, and is usually 
 about thirty. The panel is drawn from the body of the 
 county by the county clerk in the presence of the sheriff' 
 and two justices of the peace, or any two of them. A 
 special jury is drawn from the panel b}^ the clerk of the 
 court for the trial of each case. The counsel on each side 
 may challenge for cause any person called ; that is, may 
 object to his serving on the jury because not properly qual- 
 ified, or because personally interested or prejudiced, or 
 because he has expressed an opinion in the case, and the 
 validity of the challenge is determined by the judge. Each 
 party has in addition a certain number of peremptory 
 challenges; that is, challenges without giving cause, the 
 number of such challenges varying with the nature of the 
 case. If the panel is not large enough to fill the jury, the 
 
 ''Tlie number varies in different states. It may be any number from 
 twelve to twenty-three. 
 2 For Justices' Jury see Par, 75. 
 4— Kass. 
 
50 THE CIVTL OOVERNMENT OF KANSAS. 
 
 judge either directs the sheriff to summon additional 
 jurors, ealled talesmen, from among the bystanders, or, 
 upon the request of either party, issues a special venire 
 for an additional panel to be drawn in the same manner 
 as the regular one. After the jury has been filled the case 
 proceeds to trial, the evidence and arguments on both 
 sides are heard, the judge instructs the jury as to the law, 
 and the jury render their decision or verdict, as it is 
 called, if they are able to agree. The verdict must be 
 unanimous.^ If the jury cannot agree upon a verdict, they 
 are discharged and a new trial ordered. 
 
 The Constitution of the State provides " that the right 
 of trial by jury shall be inviolate." In all criminal cases 
 trial must be by jury. This does not apply to prosecu- 
 tions in police courts for violation of city ordinances. 
 Civil actions for the recovery of money or specific 
 real or personal property are tried by jury, unless the 
 right is waived by both parties. Other civil actions 
 are tried by the judge, but issues of fact ' may be re- 
 ferred to a jury. This division of civil cases corresponds 
 to the old distinction between cases in law and cases in 
 equity. A criminal case is one prosecuted by the State 
 against a person charged with a public offense. All other 
 cases are civil. Public offenses are either felonies or mis- 
 demeanors. Felonies are offenses punishable by death or 
 imprisonment in the penitentiary. All other public of- 
 fenses are misdemeanors. In criminal cases the State is 
 the plaintiff, or the one that complains, and the person 
 accused is the defendant. The verdict is either " Guilty " or 
 "Not Guilty." In civil cases the plaintiff and defendant 
 are either individuals or corporations. The verdict is " For 
 the plaintiff" or " For the defendant," with the amount of 
 damages to be assessed, if either is entitled to damages. 
 The manner of conducting both civil and criminal trials 
 is determined by a code, which is to be found in the 
 " General Statutes " under the head of procedure. 
 
LOCAL GOVERNMENT AND TAXATION. 51 
 
 THE TOWNSHIP. 
 
 69. The Township.— Each county is divided into 
 townships, each of which has an organized* government, 
 subordinate to the government of the county in which it 
 is located and subordinate to the government of the State. 
 The civil township usually but not necessarily coincides 
 with the congressional township surveyed by the United 
 States. It is therefore, as a rule, six miles square and con- 
 tains thirty-six sections, each having an area of one square 
 mile. The township officers are the trustee, clerk, treas- 
 urer, road overseers, justices of the peace and constables. 
 They are elected at the general State election, held in 
 November, justices of the peace for terras of two years and 
 the remaining officers annually. 
 
 70. The Trustee is the executive officer of the town- 
 ship. He levies the township tax, divides the township 
 into road districts, has care of the township property, is 
 overseer of the poor and annuallj' reports the condition of 
 the township to the county commissioners. He is also 
 township assessor and each year in March lists all property 
 subject to taxation and reports the same to the county 
 clerk. For his services as assessor he receives three dollars 
 a day from the county while engaged in that work. 
 
 71. The Township Clerk has charge of the records, 
 books and papers belonging to the township. 
 
 72. The Township Treasurer performs the duties 
 usually pertaining to this office. He receives all money 
 paid to the township, pays orders drawn upon him by the 
 township trustee and keeps an accurate account of receipts 
 and expenditures. 
 
 73. Township Boards. — The township trustee, clerk 
 and treasurer constitute a town auditing board and a 
 board of highway commissioners. The auditing board 
 meet quarterly and examine and audit all bills against 
 the township. The board of highway commissioners also 
 
52 THE OiriL GOVERNMENT OF KANSAS. 
 
 meet quarterly. They have charge of the roads and 
 bridges in the township, keep them in repair, and improve 
 them, wlienever the means at their disposal will permit, 
 and employ a general superintendent, if necessary. They 
 draw two dollars a day for their services upon each board, 
 which, except the amount paid the trustee as assessor, is 
 the only compensation they receive. 
 
 74. Road Overseers. — The trustee divides the town- 
 ship into as many road districts as may be necessary and 
 one road overseer is elected in each. It is the duty of 
 the overseer in each district to open new roads that may 
 be established through his district and to superintend the 
 work't>n those already established. All male persons be- 
 tween twenty-one and forty-five j'ears of age must work 
 two days each year on the roads, furnish a substitute, or 
 pay the overseer one dollar and fifty cents for each daj% 
 The overseer gives notice of the time and place that he 
 will attend to direct the work, directs what implements 
 shall be brought and receipts for the work when done. 
 The county commissioners may also levy a road tax on 
 property in the county and this may be worked out under 
 the direction of the overseer at the rate of $1.50 per daj'', 
 with the same allowance for team and wagon or team and 
 plow. 
 
 75. Justices of the Peace. — Two justices of the peace 
 are elected in each township for terms of two years. As 
 many more may be chosen as a mnjority of the voters may 
 think necessary. The justices' court is the foundation of 
 the judicial system of the State. The justice hears and 
 determines all minor cases. His criminal jurisdiction ex- 
 tends to all cases of misdemeanor in which tlie fine cannot 
 exceed $500 or the imprisonment one year, and his civil 
 jurisdiction extends to actions for the recovery of monev, 
 in which the amount in controversy does not exceed $300, 
 and to actions for trespass in which the damages claimed 
 do not exceed $100. This jurisdiction is coextensive with 
 
LOCAL GOVERNMENT AND TAXATION. 53 
 
 the entire county, but trial cannot be held outside the 
 limitis of the township for which the justice is elected. An 
 appeal to the district court may be taken in all criminal 
 cases and in all civil cases, except jury trials, in which the 
 sum claimed does not exceed $20. A justice's jury in 
 civil cases consists of six members, and in criminal cases 
 may consist of the same number, with the consent of the 
 defendant, otherwise of twelve. If a jury be demanded, 
 the justice makes a list of inhabitants of the county, quali- 
 fied to serve as jurors, eighteen in civil and twenty-four in 
 criminal cases, and each party strikes out names alter- 
 nately, until tile required number remain. 
 
 The first step in the prosecution of criminal cases is 
 usually taken in the justices' court. Upon complaint by 
 any competent person, the justice issues a warrant for the 
 arrest of any person accused of crime. If the offense is a 
 minor one, the case is tried by the justice. If the offense 
 charged is beyond his jurisdiction and it appears, upon ex- 
 amination, that there is probable cause to believe the 
 prisoner guilty, he is bound over for trial at the next term 
 of the district court. If the offense is not punishable with 
 death, the accused is admitted to bail. If the offense is 
 not bailable, or the accused is unable to furnish satis- 
 factory surety, he is committed to jail until the time of 
 trial. In addition to his other powers, the justice may ad- 
 minister oaths, take depositions, and also acknowledg- 
 ments of deeds, mortgages and other documents, and per- 
 form marriages. 
 
 76. Constables. — There are as many constables as 
 there are justices of the peace. They are executive officers 
 of the justices' court. They serve warrants and other 
 processes issued by the justice, and execute his judgments. 
 Their authority, like that of the justice, extends to the en- 
 tire county. They have the same right that the sheriff 
 has, to call to their aid the power of the county. If any 
 person is committed to the county jail, the constable 
 
54 TED CIVIL GOVERNMENT OF KANSAS. 
 
 furnishes the sheriff with a copy of the commitment and 
 returns the original to the justice who issued it. 
 
 THE SCHOOL DISTRICT. 
 
 77. The School District is the smallest civil division 
 of the State. In many of the eastern states, schools are 
 under the control of township directors. As there must 
 be a number of schools in each township, this plan gives 
 the same directors control over all of them. In Kansas 
 and some other western states, the independent district 
 system prevails. The county is divided by the county 
 superintendent into school districts, independent of each 
 other and of the township. Each district has its own dis- 
 trict school which it may manage in its own way. It is 
 
 designated as school district No. (such a number as 
 
 the county superintendent may assign), county (the 
 
 name of the county in which the district is situated), State 
 of Kansas. The number of districts in each county varies 
 with the population. In some counties there are only 
 about twenty, in others nearly two hundred. Districts 
 that are united for the purpose of supporting graded 
 schools are termed union districts. Districts that cross 
 county lines are termed joint districts, and are under the 
 control of the superintendent of the county in which the 
 greater part of the district is located. 
 
 78. The School Meeting. — The annual school meet- 
 ing is held in each district, on the last Thursday of July, 
 at the school house belonging to the district. Special 
 meetings may be called when necessary. All persons, 
 both men and women, resident in the district, having the 
 qualifications of electors, maj' attend and vote at the meet- 
 ing. It is the duty of the school meeting to elect school 
 district officers, levy the school tax, determine the length 
 of time that school sliall be taught and make other need- 
 ful regulations. The rate of tax levied is returned to the 
 county clerk, placed upon the tax roll of the county and 
 
LOCAL GOVERNMENT AND TAXATION. 55 
 
 collected by the county treasurer. In case a school house 
 is to be erected, the school meeting determine its location, 
 purchase or lease a site and provide for the issue of bonds 
 to cover the expense. But bonds may not be issued, ex- 
 cept by a vote of a majority of the qualified electors of the 
 district, given at a special meeting called by at least one- 
 third of them. The school meeting, it will be seen, con- 
 stitutes within certain limits a pure democracy, like the 
 New England town meeting. It is the only instance, in 
 the government of the State, in which the people meet 
 and make laws directly, instead of indirectly through their 
 representatives.^ 
 
 79. School District OflBcers. — The officers of each 
 district, elected at the school meeting, are a director, clerk 
 and treasurer. They are chosen for a term of three years, 
 one of the three being chosen each year. The director 
 presides at school meetings, signs orders drawn by the 
 clerk upon the treasurer, and appears for the district in 
 suits that may be brought against it. It is the duty of 
 the director to enforce the compulsory education law, 
 which requires that every child, between the ages of eight 
 and fourteen years, shall attend school at least twelve 
 weeks in each year. The clerk acts as secretary of the 
 school meeting, keeps a record of the proceedings of the 
 district and preserves all books and papers belonging to 
 it. The treasurer receives all school money from the 
 county treasurer, pays orders drawn by the clerk and 
 signed by the director, and keeps an accurate account of 
 receipts and expenditures. The director, clerk and 
 treasurer together constitute the district board. The 
 
 1 Uniformity of Text-books was formerly left to the decision 
 of a majority of the school districts in each county, hut, in 1897, State 
 uniformity was substituted for local option and provision was made for 
 the choice of school books by a State Text-book Board, consist- 
 ing of the State Superintendent, who is ex-officio chairman of the Board 
 and eight members, the latter appointed by the Governor for terms of 
 four years. Books adopted are not tq be changed for ^ve yeairs. 
 
56 THE CIVIL GOVERNMENT OF KANSAS. 
 
 board have care of the school house and library, employ 
 qualified teachers, visit the school, audit all bills against 
 the district, issue bonds voted by school meetings and call 
 special school meetings when necessary. The school of- 
 ficers serve without compensation. 
 
 THE CITY. 
 
 80. A City is an aggregation of men living in close 
 social contact within a comparatively small territory. 
 The necessarily intimate relations of individuals within a 
 city give rise to special needs not felt by people scattered 
 over a large area. Innumerable things require attention 
 and legislation which in the country may very well be 
 left to take care of themselves. Provision must be made 
 for improving, cleaning and lighting the streets and build- 
 ing sidewalks. The use of the streets by hacks, omnibuses 
 and railways, and by telegraph, telephone, electric light, 
 gas and water companies, must be regulated. A proper 
 water supply must be secured either by the construction 
 of public works or by the charter of private corporations 
 for the purpose. Protection against fire must be secured 
 by the organization of fire companies and by proper 
 regulations respecting the construction of buildings. Pub- 
 lic health must be protected by the construction of sewers 
 and by sanitary regulations respecting removal of garbage, 
 treatment of contagious diseases and burial of the dead. 
 For these and many other purposes cities are organized as 
 corporations and provided with distinct governments. 
 
 81. Classification. — All cities in Kansas are divided 
 into three classes as follows : 
 
 First Class, having a population of over 15,000. 
 
 Second Class, having a population of 2000 to 15,000. 
 
 Third Class, having a population of 250 to 2000. 
 Each class is governed under a difi'erent law because 
 larger cities require more officers and greater powers than 
 smaller ones, but the general form of government is the 
 
LOCAL GOVERNMENT AND TAXATION. 57 
 
 same for all. Cities of the third class in other states are 
 usually organized as towns and villages. For all township 
 purposes third class cities are subject to the government 
 of the township in which they are located. 
 
 8a. Wards. — For convenience in their government, 
 cities of the first and second class are divided by their 
 councils into wards. The number of wards in cities of 
 over 4000 inhabitants must not be less than four and in no 
 city may the number exceed six. Cities of the third class 
 are not subdivided. 
 
 83. The City Government, like that of the State, 
 consists of three departments. The mayor is the execu- 
 tive, the council is the legislature and the police court is the 
 judiciary. 
 
 84. The Mayor is the chief officer of the city. In 
 cities of the first and second class, he is elected in the 
 " odd " years for a term of two years and in cities of the 
 third class is chosen annually. It is his duty to enforce 
 all the laws and ordinances relating to the government of 
 the city. He presides over meetings of the council and 
 either signs or vetoes the ordinances tliat are passed. An 
 ordinance may be passed over his veto in cities of the first 
 class by three-fourths and in cities of the second and third 
 class by two-thirds of the entire council. The mayor 
 appoints, subject to confirmation by the council, nearly all 
 the city oflScers and, with consent of the council, may re- 
 mit fines and grant pardons for offenses against the city 
 ordinances. The efiBciency of a city government depends 
 almost entirely upon the honesty, energy and ability of 
 the mayor. 
 
 85. The Council consist in cities of the first and second 
 class of two councilmen from each ward, one of them 
 elected annually in each ward for a term of two years, and 
 in cities of the third class of five members elected annually 
 by the city at large. The council have chsirge of the city 
 finances, levy the city tax, and have power to pass laws 
 
58 THE CIVIL &OVEBNMENT OF KANSAS. 
 
 for the good government of the city. Laws passed by the 
 council are called ordinances. They require for their pas- 
 sage a majority vote of the whole number of councilmen. 
 The character of the ordinances that may be passed is de- 
 termined by the city charter acts. The power of the coun- 
 cil varies greatly in first, second and third class cities as the 
 needs of cities increase in proportion to their size. The 
 council choose a president who presides in the absence of 
 the mayor. 
 
 86. Police Judge and Justices. — The police judge is 
 elected at the same time and for the same term as the mayor, 
 except in cities of the first class acting under the metro- 
 politan police law.^ The police judge has exclusive juris- 
 diction over offenses against the city ordinances. In cities 
 of the first class the police court also has jurisdiction over 
 minor violations of State laws. The city marshal is the 
 executive officer of the court. 
 
 For the purpose of the election of justices of the peace, 
 cities constitute single townships and as many justices 
 and constables are chosen at the regular city elections as 
 are necessary. They have the same jurisdiction and per- 
 form the same duties as in townships.^ 
 
 87. Other Oflftoers, provided by law, for the govern- 
 ment of cities are the city clerk, treasurer, attorney, mar- 
 shal, assessor and street commissioner. The council may 
 add such other officers as fire marshal or superintendent 
 of the fire department, city engineer, who is the official 
 surveyor, city physician and city counsellor. The clerk, 
 
 ' Police Oommissioners. — In cities of the first class, the control of 
 the police department is usually taken from the city and placed in the 
 hands of a board of three police commissioners, appointed by the gov- 
 ernor for each city from among its own citizens for terms of two years. 
 In these cities the police commissioners appoint the police Jndjje, tlie 
 city marshal and the policemen. The force is usually designated as 
 the metropolitan police. 
 
 2 See Par. 75. 
 
LOCAL aOVERNMENT AND TAXATION. 59 
 
 treasurer and attorney in cities of the first class, and the 
 treasurer and treasurer of the school board ' in cities of the 
 second class, are elected by the people at the same time 
 and for the same term as the mayor. With these excep- 
 tions all the officers enumerated are appointed by the 
 mayor, subject to confirmation by the council, for terms 
 of two years in cities of the first class and for terms of one 
 year in cities of the second and third class. Their salaries 
 are determined by the city council, except that in cities of 
 the first class the maximum payment is fixed by law. 
 Their duties are for the most part sufficiently indicated by 
 their titles. 
 
 The city attorney prosecutes in the police court all cases 
 of violation of city ordinances, defends the city in suits 
 brought against it and is the legal adviser of the other 
 city officers. A city counsellor may be added by the 
 council, in cities of the first class, to assist the city attor- 
 ney. 
 
 The city marshal is chief of police. The marshal and 
 policemen are appointed by the mayor, with consent of 
 the council, except in cities acting under the metropolitan 
 police law. 
 
 88. Board of Bduoation. — ^Each city constitutes for 
 school purposes a single school district. In cities of the 
 first and second class, school affairs are controlled by a 
 board of education, usually consisting of two members 
 from each ward, elected for terms of two years, one half 
 being chosen annually. In cities of the first class mem- 
 bers are chosen by the city at large and in cities of the 
 second class by the voters in each ward.'' The board 
 
 'The council, in cities of the second class, may abolish the offices of 
 treasurer and treasurer of the school board and confer their dnties npon 
 the city clerk. 
 
 2 The law provides that the board shall consist of three members from 
 each ward in cities of the first class having but four wards, but there 
 sre no cities that answer to this description- In cities of "over 35,000 
 
60 THE CIVIL GOVERNMENT OF KANSAS. 
 
 choose the city superintendent and have entire charge of 
 the schools, determine their expense, levy the school tax' 
 and, with the consent of a majority of the electors, issue 
 bonds when necessary for the construction of school build- 
 ings. In cities of the first class, the city treasurer acts as 
 treasurer of the school board. In cities of the second 
 class a treasurer of the board of education is usually 
 elected by the people at the same time and for the same 
 term as the mayor, but the council may abolish the office 
 and confer its duties upon the city clerk. In cities of the 
 third class schools are maintained as in the country school 
 districts. 
 
 89. Elections. — City elections are held in cities of the 
 first and second class on the first Tuesday and in cities of 
 the third class on the first Monday in April. Women, 
 possessing the qualifications required of men, are entitled 
 to vote in all city elections. To prevent fraud, electors 
 who intend to vote are required to register annually with 
 the city clerk, at least ten days before election. Three 
 judges and two clerks of election are appointed by the 
 mayor and council for each ward and voting precinct, if 
 the wards are divided into precincts.'' 
 
 inhabitants according to the federal census of 1890" the board consists 
 of six members, one from each ward, the term is three years and two are 
 chosen annually by the city at large. This act applies to Kansas City 
 and was framed as stated in order to evade the constitutional prohibition 
 against special legislation. In cities of the second class hawing more 
 than 10,000 inhabitants the board consists of six members, two of them 
 chosen annually for terms of three years from and by the city at large. 
 Lawrence comes in this class. 
 
 ' In cities of the second class, the school tax levy requires the approval 
 of the council. 
 
 ^ Commissioner of Elections.— In cities of the first class, in 
 which more than 6000 votes are cast at any general election, the "overnor 
 appoints a commissioner of elections, who holds office for a term of four 
 years. This officer conducts the registration of voters in place of the 
 city clerk. In cities in which the metropolitan police law is in force the 
 
LOCAL GOVERNMENT AND TAXATION. 61 
 
 TAXATION. 
 
 90. Taxes. — The expenses of State and local govern- 
 ment are almost wholly paid by means of taxes. Taxes 
 are contributions imposed upon individuals and corpora- 
 tions for the support of the government and for other 
 public purposes. As the machinery of taxation is chiefly 
 in the hands of local officers, the subject may properly be 
 treated in connection with local government. The officers 
 concerned in the imposition and collection of taxes have 
 already been enumerated and their duties stated. 
 
 91. The General Property Tax. — By far the most im- 
 portant State tax is that imposed upon property. The law 
 requires that all property, real and personal, not expressly 
 exempt, shall be subject to taxation. Keal property in- 
 cludes land and all things directly connected with land, such 
 as buildings, improvements upon land, mines, quarries 
 and the like. Personal property includes all things sub- 
 ject to ownership not forming a part of land, such as 
 movables of every description, money, notes, bonds, mort- 
 gages, capital stock and shares in corporations and the 
 like. The Constitution expressly exempts from taxation 
 all property used exclusively for State, county, municipal, 
 literary, educational, scientific, religious and charitable 
 purposes, and personal property to the amount of two 
 hundred dollars for each family.' 
 
 92. Assessment. — In townships the trustee acts as 
 assessor, and in cities of the first and second class a special 
 assessor is appointed. Every year in March all persons 
 
 commissioner of elections and the police commissioners constitute a 
 board of supervisors of elections. Otlierwise tlie cotnmissioner of elec- 
 tions appoints one councilman from each ward and all together act as 
 board of supervisors of elections. This board, instead of the mayor, 
 appoint judges and clerks, and have full and complete control of 
 elections. 
 > See Art. XL Sec 1. 
 
62 THB orVIL GOVERNMENT OF KANSAS. 
 
 of full age, and all corporations in every township and city 
 in the State, make out for the assessor, upon blanks fur- 
 nished by him, a list showing the value of their personal 
 property subject to taxation. Every other year (even 
 years), the assessor makes out a list showing the value of 
 all real property in his district. Both lists are returned to 
 the county clerk by the 10th of May. Custom has estab- 
 lished the rule of assessing all property at one-third or 
 one-fourth its true value. 
 
 Railroad property is valued by the State board of rail- 
 road assessors.' All railroad corporations operating in 
 the State are required to report to the State auditor in 
 March their total number of miles of track, amount of 
 rolling stock and other property. The State board of rail- 
 road assessors meet in April and assess the property of 
 each road. The State auditor then estimates the average 
 value of each road per mile of track and upon this basis 
 determines and reports to the clerk of each county the 
 value of the railroad property in each city, township and 
 school district in his county and this assessment the clerk 
 enters upon the tax rolls. 
 
 93. Equalization. — On the first Monday in June of 
 each year the board of county commissioners meet as a 
 board of equalization and equalize the assessments made 
 for that year by the several assessors in the county. 
 Whenever there is reason to think that particular asses- 
 sors have valued property at a higher or lower rate than 
 generally throughout the county, their assessment is 
 lowered or raised as the case may be. Any persons who 
 think that their property has been assessed too high, may 
 appear before the board and corrections will be made, if 
 necessary. After all corrections have been made, the 
 county clerk forwards an abstract of the assessment roll 
 to the State auditor. 
 
 • See Par. 43, -Sec. 6. 
 
LOCAL GOVERNMENT AND TAXATION. 63 
 
 The State board of equalization ' meet on the second 
 Wednesday in July and equalize the assessments made in 
 the several counties in the State, increasing or decreasing 
 the assessment in particular counties by such a per cent, 
 as may be necessary to secure a uniform rate of assessment 
 throughout the State. 
 
 94-. Tax Levy.— The Jegislature, at each regular ses- 
 sion, passes an act to provide revenue for the two succeed- 
 ing years. This act levies such a rate, expressed in num- 
 ber of mills on the dollar, as will yield the amount appro- 
 priated for current expenses and payment of interest on 
 the State debt during the two years. As the act is passed 
 before the assessment for the current year is completed, 
 the rate is necessarily based upon the assessment for the 
 preceding year. The State board of equalization, in 
 changing the county assessments, take care to make the 
 total valuation such as will yield, at the rate levied by the 
 legislature, the amount needed for State purposes. At the 
 same time the board levy such a rate for the support of 
 the State University as will be necessary to meet the ap- 
 propriations made by the legislature for that purpose. 
 The State auditor then determines, upon the basis of the 
 equalized valuation, the amount that it will be necessary 
 for each county to raise for all State purposes and certifies 
 the same to the county clerks. The clerk of each county 
 then estimates the rate that must be levied upon the 
 original assessment in his county in order to yield the 
 required amount.' 
 
 'See Par. 43, Sec. 3. 
 
 ^ It is proposed that the legislature levy the total amount of State 
 taxes, leaving tlie rate to be determined by the State board of equaliza- 
 tion after the assessment is completed. If in addition the practice of 
 assessing property at its full value, as is required by law, could be 
 established, the present system would be greatly simplified, and many 
 of its inequalities removed. 
 
64 T3B CIVIL GOVERNMBNT OF KANSAS. 
 
 When the assessment for each year is completed, the 
 commissioners in each county levy the county tax, the 
 council in each city levy the city tax, the trustee in each 
 township levies the township tax, the school meeting and 
 in cities of the first and second class the board of educa- 
 tion levy the school tax, and the rate in each case is certi- 
 fied by the proper ofi&cers to the county clerk before the 
 25th of August. The tax levy for a city of the first and 
 second class will then stand somewhat as follows : 
 
 Total Bate in Milla. 
 
 State Tax 4 2-10 
 
 County Fund 19 
 
 City Fund 18 1-2 
 
 Board of Education Fund 15 
 
 56 7-10 
 
 Outside of cities, township and school district are to be 
 substituted for city and board of education funds. 
 
 It now becomes the duty of the county clerk to deter- 
 mine the amount of taxes payable by each person and 
 corporation upon their real and personal property and to 
 set down the amount opposite the names in the tax roll. 
 This work is completed and the tax roll delivered to the 
 county treasurer by the first day of November. 
 
 95. Collection. — Taxes are payable to the county 
 treasurer on and after tlie first of November. Every 
 person may either pay his tax in full before December 
 20th or may pay half the amount before that date and 
 the remainder any time before the 20th of the following 
 June. Upon taxes paid in full before December 20th a 
 rebate of five per cent, of half the tax is allowed. Taxes 
 not paid in one of these two ways are increased by penal- 
 ties of five per cent, imposed upon the amounts unpaid on 
 the 20th days of December and .June. If half the per- 
 sonal tax is not paid by the first date, the whole becomes 
 due and the county treasurer issues a warrant to the slier- 
 
LOOAL GOVERNMENT AND TAXATION. 65 
 
 ifforderinp; liim to levy upon and sell personal property 
 of the delinquent sufficient in amount to cover the tax 
 and the cost of collection. In the same way the second 
 half is collected if not paid by June 20th. Real estate, 
 upon which taxes are not paid by the 20th of June, may 
 in September, either be taken by the county or be adver- 
 tised and sold at auction by the county treasurer for the 
 amount of the taxes and other charges. Land put up at 
 auction which cannot be sold for the amount of the taxes 
 is bid in by the county treasurer in the name of the 
 county. Land sold at tax sales may be redeemed within 
 three years by the owner upon payment of the amount 
 for which the land was sold and all subsequent taxes, 
 with interest on both at fifteen per cent. Land bid in by 
 the county, which remains unredeemed and for which no 
 one has offered the amount of the taxes and interest due, 
 may at the end of three years be returned to the owner 
 upon the payment of such sum, less than the taxes, as it 
 may seem for the best interests of the county to accept. 
 As the taxes are collected, the county treasurer turns over 
 to the State, city, township and school treasurers, the 
 amounts levied for State, city, township and school pur- 
 poses respectively. 
 
 96. Other Taxes. — In addition to the general property 
 tax, a number of other taxes are authorized by law. 
 
 Licenses are taxes imposed upon persons engaging in 
 various kinds of business, and hence are also called occupa- 
 tion taxes. Cities are authorized to levy a great number 
 of these taxes, and county and township ofiBcers may im- 
 pose them in a.few cases. 
 
 Fees are charges made by State and local officers for 
 particular services rendered to individuals. The amount 
 that may be charged is determined by law. The income 
 from this source is very considerable. Fees include court 
 costs, by means of which persons engaged in litigation are 
 required to pay a part of its expenses. 
 
 5 — Kans. 
 
66 THE CIVIL GOVERNMENT OF- KANSAS. 
 
 A road tax is imposed upon all able-bodied male persons 
 between the ages of twenty-one and forty-five years. The 
 peculiarity of this tax is that it is payable either in labor 
 or money. The mode of collection has already been de- 
 scribed.* 
 
 Special assessments are taxes levied in cities for the 
 purpose of paying for the paving of streets, construction 
 of sewers, and similar improvements. They are levied 
 upon the property benefited by the improvements. 
 
 Poll taxes are authorized in cities of the second and 
 third class, but are very rarely resorted to. 
 
 97. Other Income. — In addition to receipts from 
 taxation, there are several other sources of revenue to the 
 State. The most important one is the interest on the per- 
 manent school fund. This fund is derived chiefly from 
 the sale of public lands given to the State by the Federal 
 government. The investment of this fund is in the hands 
 of the school fund commissioners,'' and the income is 
 divided annually by the State superintendent among the 
 school districts in proportion to the number of children 
 .of school age in each.' 
 
 The State and its various political divisions are author- 
 ized to borrow money, for the purpose of defraying ex>- 
 traordinary expenses and making public improvements,* 
 but income from loans is a temporary expedient, as the 
 money must eventually be repaid with receipts from 
 taxes. 
 
 The industries carried on in several of the State insti- 
 tutions, especially in the penitentiary, yield a considerable 
 sum, which in part pays their expenses. 
 
 Although these several sources of income are of im- 
 portance, the State must always depend for support chiefly 
 upon taxation. 
 
 > See Pnr. 74. 2 gee Par, 43, Sec. 2. 
 
 'See Art. VI. Sects. 3-5. *See Art. XI. Sects. 5-7. 
 
CHAPTER IV. 
 
 PARTY ORGANIZATION AND ELECTIONS. 
 
 98. Political Parties form the most important agency 
 in the government of the people. They are voluntary po- 
 litical associations organized in order to secure the adop- 
 tion of principles, in support of which all of the members 
 are agreed. Parties promote good government, because 
 government will be better when the party in power is 
 closely watched and sharply criticised by its opponents. 
 But parties are a means to an end and not the end itself 
 and party loyalty should never usurp the place of patriot- 
 ism. The organization of a political party consists of 
 three divisions : the primary, the convention and the com- 
 mittee. The first and second are temporary bodies, the 
 third is a permanent one. 
 
 ' 99. The Primary is a meeting held by the members of 
 one political party in order to make provision for the 
 nomination of its candidates for office. Each party holds 
 a primary for each township and in cities for each ward 
 and the only persons entitled to vote are the members of 
 the party who are voters in the township or ward in 
 which the primary is held. Usually each primary chooses 
 delegates, who meet the delegates, chosen in the other pri- 
 maries held by the same party in the district, in a conven- 
 tion and there make the nominations. As each township 
 or ward forms part of several districts, primaries must be 
 held to choose delegates to several conventions, as to the 
 city, representative district and county convention. 
 
 In the Crawford County system, so called because it 
 originated in the county of that name in Pennsylvania, 
 
 (67) 
 
68 THE CIVIL GOVERNMENT OF KANSAS. 
 
 the members of the party vote directly for the candidates 
 whom they wish to nominate for the local offices, such as 
 those chosen in the township, city and county, and the can- 
 didates receiving the largest number of votes get the nomi- 
 nation. If the nomination be for a township or ward office, 
 the vote of a single primary determines the result. But if 
 the nomination be for a city or county office, the same 
 candidates are presented for nomination at the primaries 
 held in each vvard or township in the district, and the can- 
 didate who receives the largest number of votes in all the 
 primaries is nominated. This system does away with the 
 nominating convention, but it is suitable only for the 
 nomination of officers to be voted for in small areas. 
 
 What is called the modified Crawford County system is 
 a combination of the convention and Crawford County 
 systems. Electors vote in the primaries for candidates for 
 the nomination and also choose delegates to a convention 
 and the delegates vote in the convention as they are in- 
 structed by the vote of the primary. 
 
 The system of nomination adopted by each party in 
 each county is determined by the rules adopted by the 
 party in its county convention and there is therefore no 
 uniformity. In the larger number of counties nomina- 
 tions are made by delegate conventions. Many counties 
 use the Crawford County S}'stem and some the modified 
 system. In the same county, one party may use one sys- 
 tem and another party use another system, or even the same 
 party may use one system for nominating one set of 
 officers and another system for another set. 
 
 Primaries are called by the party committee having 
 supervision of the district in which the officer to be nomi- 
 nated is to be voted for. If the only object of the pri- 
 mary is to choose delegates to a nominating convention, 
 the meeting organizes by the election of a chairman and 
 secretary and then proceeds immediately to the choice of 
 delegates. The manner of holding primary elections for 
 
PARTY ORGANIZATION AND ELECTIONS. 69 
 
 the nomination of candidates is regulated by State law.' 
 A supervisor, appointed by the controlling committee, 
 presides over the election and is assisted in receiving 
 and counting the ballots by two judges and two clerks of 
 election chosen by the members of the primary. 
 
 100. Conventions are meetings of delegates held b\' 
 each party for the purpose of nominating candidates for 
 office. "Whenever the territory in which an officer is to be 
 voted for is large, as for example, the whole State, or a 
 congressional, judicial or senatorial district, nominations 
 are almost invariably made by conventions. Nominations 
 for local ofiices may be made, as already explained, either 
 by conventions or by tlie direct vote of the party members 
 in the primary. In addition to nomination of candidates, 
 conventions appoint the party committee for the district 
 for which they are called, adopt rules for the organization 
 of the party and in many cases issue a platform, setting 
 forth the principles of the party and arraigning the policy 
 of its opponents. They consist either of delegates chosen 
 in the primaries or of delegates chosen by other conven- 
 tions. Delegates to city, county commissioner district 
 and county conventions are chosen in the primaries. 
 Delegates to representative district, State senatorial district 
 and judicial district conventions are chosen sometimes in 
 primaries and sometimes by the county convention. 
 Delegates to the congressional district and State conven- 
 tions are chosen by the county conventions. In the 
 national convention, held once in four years to nominate 
 candidates for President and Vice-President of the United 
 States, each state has twice as many delegates as it has 
 electoral votes, or in other wotds twice as many as it has 
 senators and representatives together. This gives Kansas 
 twenty delegates. Of this number fourteen are chosen by 
 the congressional district conventions, two in each ; and 
 
 1 Laws of 1891, Ch. 115. 
 
70 THE CIVIL GOVERNMENT OF KANSAS. 
 
 six, corresponding to the two senators and the Congress- 
 man-at-Large\ are chosen by the state convention. When- 
 ever delegates to a convention are appointed, an equal 
 number of alternates is also chosen, who serve in the 
 absence of the delegates. 
 
 City conventions, in case they are held, nominate the 
 candidates for city offices. County commissioner district 
 conventions nominate a county commissioner in each of 
 the three districts into which each county is divided. 
 This convention usually consists of the delegates from 
 each district to the county convention. County conven- 
 tions nominate candidates for all other county offices, 
 choose delegates to the State and congressional district 
 conventions and sometimes to representative, senatorial 
 and judicial district conventions. Representative and 
 State senatorial district conventions nominate candidates 
 for the lower and upper house of the State legislature 
 respectively. Judicial district conventions nominate can- 
 didates for district judge. Each congressional district 
 convention nominates a candidate for representative in 
 Congress and once in four years nominates one presiden- 
 tial elector and chooses two delegates to the national con- 
 vention. State conventions nominate candidates for all 
 State offices, for Congressman-at-Large and, in presidential 
 years, nominate three candidates for presidential electors 
 and choose six delegates to the national convention. Na- 
 
 'The representation of the State in the national House of Rep- 
 resentatives is based on its population. By the census of 1880 Kan- 
 sas was entitled to seven representatives ; by the census of 1890 it is 
 entitled to eight representatives. The State legislature has not re-dis- 
 tricted the State, so that we still have seven districts but are entitled to 
 eight representatives. Under these circumstances, the federal appoi^ 
 tionraent act provides that the added congressman shall be chosen by 
 the electors of the whole State. The Congressman so chosen is called 
 the Congressman-at-Large. If the legislature re-districts the State, the 
 Congressman-at-Large will be assigned to the added distriqt and the dis- 
 tinction will disappear. 
 
PABTT ORGANIZATION AND ELECTIONS. 71 
 
 tional conventions nominate candidates for President and 
 Vice-President of the United States. National and State 
 conventions and sometimes even district conventions issue 
 platforms, and each convention appoints the party commit- 
 tee for its district. 
 
 101. Party.Committees. — We come now to the third 
 division of the party organization. The primaries and con- 
 ventions meet and dissolve as soon as the business for 
 which they are called is transacted. The party committees, 
 appointed by each convention for its own district and 
 sometimes in the primaries, are permanent bodies and 
 meet, at the call of the chairman and secretary, whenever 
 there is work to be done. Usually the members are reap- 
 pointed from year to year, so that the same men serve for a 
 considerable time. The party committees call the conven- 
 tions, fix the basis of representation in the convention by 
 assigning one delegate each for a given number of votes 
 cast by the party for some one of its candidates in the last 
 preceding general election, apportion the delegates among 
 the districts and make all other arrangements for holding 
 the convention, raise money to defray election expenses, 
 have charge of the campaign, and in general promote the 
 interests of their party in every possible way. The com- 
 mittees organize by choosing a chairman and secretary, 
 usually from their own number, and by appointing sub- 
 committees, if they are necessary. The various commit- 
 tees are designated as the central committee of the district 
 over which they have control. 
 
 In Kansas there are as a rule no township or ward com- 
 mittees. In cities the city committee consists of one 
 member from each ward, chosen either in the primary or 
 the city convention. The county central committees con- 
 sist of one member from each township and ward in the 
 county, chosen by the county convention, generally at the 
 suggestion of the delegates from the township or ward 
 represented. The county commissioner district comnaittee 
 
72 THE OIVIL aOVEBNMENT OF KANSAS. 
 
 usually consists of the members of the county central 
 committee for each district. The representative district 
 committee, chosen by the representative district conven- 
 tion, consists of one member from each township and 
 ward in the district. Tbe senatorial district committee is 
 chosen similarly when a single county constitutes a district, 
 but where there is more than one county in the district, 
 the committee usually consists of one member from each 
 county, chosen by the county convention. • The judicial and 
 congressional district central committees consist of one 
 member from each county, appointed by the respective con- 
 ventions, upon nomination of the delegates from the county 
 he represents. The State central committees consist at 
 present of one member from each judicial district chosen . 
 by the State convention at the suggestion of the dele- 
 gates from each district. The district represented ma}', of 
 course, at any time, be changed by the State convention. 
 The national committee is usually composed of one mem- 
 ber, sometimes two or three members, from each state, 
 chosen in the national convention by the delegates from 
 the respective states. Within the State the important 
 committees are the State central committee and the vari- 
 ous county central committees. The former has general 
 supervision of the affairs of the party in the whole State 
 and at election time conducts the campaign. The chair- 
 man is often chosen by the candidates nominated for State 
 offices. The county central committees have control of 
 party affairs in each county and act in harmony with the 
 State central committee. The duties of the remaining 
 committees are usually confined to the call and arrange- 
 ments for their respective conventions. 
 
 102. Nomination Papers. — Nominations of candidates 
 for any office may also be made by nomination papers 
 signed by qualified electors of the district for which the 
 nomination is made. This mode of making nominations 
 is sometimes called nomination by petition. If the nomi- 
 
PABTT ORGANIZATION AND ELECTIONS. 73 
 
 nation be for any of&ce to be filled by the voters of the 
 State at large, the nomination papers must be signed by at 
 least five hundred qualified electors of the State. Nomina- 
 tions of candidates for county offices or for officers to be 
 chosen in any of the several electoral districts into which 
 the State is divided, may be made by nomination papers 
 signed by twenty-five voters of the county or district, 
 while nomination papers for city, town or ward offices 
 require the signature of but ten voters of the city, town or 
 ward as the case may be. Little use has as yet been 
 made of this mode of nominating candidates. It makes it 
 easy to place independent candidates in the field, but as a 
 rule, without the support of a party organization, they 
 stand little chance of election. 
 
 The organization of parties and the manner of making 
 nominations have been described in detail,' because they 
 are as a rule too little understood. It will be seen that 
 the primary presents the only opportunity, that the indi- 
 vidual voter has, to influence the nominations made by 
 his party. Usually the primaries are attended and the 
 nominations dictated by a small fraction of the party. 
 If the party making the nomination has a clear majority 
 in the district, the nomination is equivalent to an election. 
 In the election, the voter is restricted in his choice to the 
 candidates nominated and the choice is too often a choice 
 of evils. It is therefore the duty of every good citizen to at- 
 tend the primaries and there to do what he can to promote 
 the choice of able and honest men for office. 
 
 103. Elections. — All elections in the State are held in 
 
 ' The usual form of organization has been given. There are so 
 many variations that it is impossible to make any statement that will 
 be true of all places and at all times. It is a useful exercise to organize 
 the class as a primary or as a convention and then proceed to the 
 choice of delegates or candidates. The pupil can derive much informa- 
 tion in regard to party methods from the convention calls printed in the 
 newspapers. 
 
74 THE CIVIL GOVERNMENT OF KANSAS. 
 
 accordance with the Australian ballot law passed by the 
 legislature in 1893. Township, county, district, State and 
 national officers are cliosen at the " general election " held 
 in the fall, on the Tuesday next after the first Monday in 
 November, and city officers are chosen at the spring elec- 
 tion, held on the first Monday or Tuesday in April. 
 
 104. The Ballots. — The names of all candidates, nomi- 
 nated for offices to be filled by voter-s of the State at large 
 and for offices to be filled in districts larger than a county, 
 certified to by the officers of the convention making the 
 nomination, and all nomination papers, naming candi- 
 dates for the same offices, are sent to the secretary of 
 state. Certificates of all nominations, made in conven- 
 tions, in the primaries or by petition, for all offices which 
 are to be filled in single counties, except city ofl&ces, are 
 filed with the county clerks. Nominations for city offices 
 are certified to the city clerk. 
 
 A short time before election, the secretary of state, 
 from the list of nominations certified to him, makes a 
 list of the candidates to be voted for in each county and 
 sends it to the clerk of that county. From this list and 
 the one already in his possession, each county clerk 
 makes out an official ballot for each township and ward 
 in the county, containing the names of all the candidates 
 to be voted for in each township or ward and causes 
 a sufficient number of ballots to be printed for use in the 
 election. In city elections the duty of preparing the 
 ballots devolves upon the city clerk,' who prepares and 
 causes to be printed separate ballots for each ward, giving 
 the names of all candidates in each respectively. 
 
 The form of the ballot, sometimes called from its size a 
 "blanket" ballot, is prescribed by law. The names of 
 
 ' The law in regard to city elections is indefinite. It provides that 
 ballots shall be printed .it public expense, that nominations shall be 
 certified to the city clerk, but it is merely implied that that officer shalf 
 prepare the ballots. 
 
PARTY OBGAmZATION AND ELECTIONS. 75 
 
 the candidates nominated by the several parties are ar- 
 ranged in parallel columns, with the party name at the 
 head of each column, in the order of the importance of 
 the Gffi,ce for which the nomination is made. At the left 
 of each name there is a space in which the voter may 
 indicate his choice. Immediately before the election the 
 ballots are distributed in sealed packages to the election 
 officers in the several election districts or voting precincts. 
 The expense of printing and distributing the ballots in 
 general elections is apportioned among the townships and 
 cities of the first and second class in proportion to the 
 vote in each at the last preceding general election. In 
 city elections, the expense falls, of course, upon each city. 
 
 105. Election Districts and Oflacers. — Each township 
 and in cities each ward constitutes an election district. 
 Large townships and wards in cities of the first class may 
 be divided into voting precincts. An election board, con- 
 sisting of three judges and two clerks of elections, is ap- 
 pointed for each district or voting precinct. In townships 
 the election officers are appointed by the township trus- 
 tee. In cities, except those of the first class having an 
 election commissioner, their appointment is made by the 
 mayor, with the consent of the council. Both judges and 
 clerks must as far as possible represent opposing political 
 parties. 
 
 106. Voting. — One part of the room in which elections 
 are. held is enclosed by a guard rail. In the enclosed 
 space are the election officers in charge of the ballots, the 
 ballot box and the poll books. Hear them are placed a 
 number of closed voting booths, to which the voter retires 
 to mark his ballot. In cities of the first and second class, 
 voters are required to register once a year with the city 
 clerk. In such cities a person wishing to vote gives his 
 name to one of the judges, who repeats it aloud so that it 
 may be heard distinctly in the room. If his name is 
 found in the poll book by the judge who has it in charge, 
 
76 THE OIVIL GOVERNMENT OF KANSAS. 
 
 and his right to vote is not challenged, he is admitted 
 within the enclosure, is provided with an official ballot by 
 the third judge and his name is checked on the poll book. 
 The voter then retires to an unoccupied booth and votes, 
 by marking with a cross (X) the names of the candidates 
 of his choice. He then folds the ballot in such a way as 
 to conceal the names and marks upon it and returns it 
 to the election officers who deposit it in the ballot box. 
 No one is allowed to mark a ballot so as to distinguish 
 it from others. The object is to secure absolute secrecy in 
 voting. If the voter spoils his ballot, he may return it 
 and receive another, but he may not occupy more than ten 
 minutes in voting, nor more than five, if other persons are 
 waiting to occupy his booth. Besides the election officers, 
 not more than one voter, in ezcess of the number of voting 
 booths, is allowed in the enclosed space at one time, and 
 no one who has voted is permitted to enter a second 
 time. In districts in which registration is not required, 
 the name of each voter is entered on the poll book when 
 he receives his ballot. In all elections the polls must be 
 kept open from eight in the morning until six at night. 
 
 107. Corrupt Practices. — By an act to prohibit what 
 are known as "corrupt practices," every person is forbid- 
 den to give or promise, directly or indirectly, either money 
 or any other valuable thing in order to influence voters in 
 an election. Each candidate is required to file with the 
 county clerk, within thirty days after the election, a sworn 
 statement of the amount of money expended by him for 
 election purposes, giving names of persons to whom the 
 money has been paid, and each party or campaign com- 
 mittee is required to file a similar statement, showing in 
 detail the amount of money received and the purposes for 
 which it has been expended. The violation of this act is 
 punishable by fine and imprisonment. Its enforcement 
 will accomplish a great deal toward securing purity in 
 elections. 
 
PARTY OttGANIZATION AND ELECTIONS. 11 
 
 108. The Result.— After the election is over the election 
 officers count the votes, and having done this, announce 
 the result to those present, and make a written return of 
 the number of votes cast for each candidate and forward 
 it with the ballots to the proper officers. In city elections, 
 the returns are made to the city clerk. He presents the 
 returns from the several wards or voting precincts to the 
 city council. The council canvass tlie returns, and tlie 
 candidates receiving the highest number of votes' are 
 given certificates of election. In all other elections, 
 the returns are made to the county clerk. The county 
 clerk and county commissioners meet, canvass the vote 
 and deternaine the number of votes cast for the several 
 candidates. The clerk then issues certificates of election 
 to the candidates for county and township offices who 
 have received the highest number of votes. He must 
 make abstracts of the number of votes cast for all State 
 and district officers, for members of the legislature, repre- 
 sentatives in Congress and electors of President and Vice- 
 President of the United States, if these officers are voted 
 for at the election, and forward them to the secretary of 
 state. This officer presents the abstracts to the State 
 Board of Canvassers, consisting of the governor, the sec- 
 retary of state himself, the state auditor, treasurer and 
 attorney-general. This board examine the statements and 
 determine what candidates have received . the highest 
 number of votes and are duly elected, and the secretary of 
 
 ' Majority and Plurality. — The law provides, in case of all 
 offices, that the candidate receiving the highest mimber of votes 
 shall be elected. A candidate receiving more than half the votes cast 
 is elected by a majority. If there are more than two candidates, the 
 one receiving the highest number of votes, bnt less than a majority, i.» 
 said to be elected by a plurality. His plurality is the number of votes 
 he receives in excess of the number cast for the candidate receiving 
 next to the highest number. In all elections, in case of a tie, it is de- 
 cided by lot which candidate is elected. 
 
78 THE CIVIL QOVMBNMENT OF KANM8. 
 
 state issues certificates of election in accordance with the 
 decision of the board. 
 
 109. The Offlcer-Eleot. — The candidate who has re- 
 ceived a certificate of election is the officer-elect. When 
 the term for which his predecessor was elected has expired, 
 and when he has qualified by taking an oath to support 
 the Constitution of the United States and of the State and 
 faithfully to discharge the duties of his office and by filing 
 the proper bond, when one is required, he becomes an 
 officer. Each house of the State legislature and of Con- 
 gress is the judge of the elections and qualifications of 
 its members. Each house may therefore refuse a seat to 
 the person holding the certificate of election, if, in its judg- 
 ment, he has not been fairly elected or is not properly 
 qualified. 
 
OONSTlTUTIOi?" 
 
 STA.TE OF KA.:N^SA.S.^ 
 
 PREAMBLE. 
 We, the people of Kansas, grateful to Almighty God for cm " 
 civil and religious privileges, in order to insure the full enjoyment 
 of our rights as American citizens, do ordain and establish this con 
 stitution 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 meridian 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 the western boundary of said state 
 to the place of beginning. 
 
 BILL OF RIGHTS. 
 
 Section 1. All men are possessed of equal and inalienable 
 natural rights, among which are life, liberty, and the pursuit of 
 happiness. 
 
 Sec. 2. 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 im- 
 
 iln this text, the Ordinance, at the beginning of the Constitution, 
 whereby the State, in return for certain grants of land, relinquished the 
 right to tax land belonging to the United States, and the Schedule, at the 
 end of the Constitution, which made provision for the change from a ter- 
 ritorial to a State government, are omitted. The clauses that have been 
 changed by amendment are printed as amended, and the clauses that 
 have been added are inserted in their logical place in the text. 
 
 (79) 
 
80 CONSTITUTION OF KANSAS. 
 
 munities shall ever be granted by the legislature, which may not be 
 altered, revoked or repealed by the same body ; and this power 
 shall be exercised by no other tribunal or agency. 
 
 Sec. 3. The people have the right to assemble, in a peaceable 
 manner, to consult for their common good, to instruct their repre- 
 sentatives, and to petition the government, or any department 
 thereof, for the redress of grievances. 
 
 Sec. 4. The people have the right to bear arms for their de- 
 fense and security ; but standing armies, in time of peace, are dan- 
 gerous to liberty, and shall not be tolerated, and the military shall 
 be in strict subordination to the civil power. 
 
 Sec. 5. The right of trial by jury shall be inviolate. 
 
 Sec. 6. There shall be no slavery in this State ; and no involun- 
 tary servitude, except for the punishment of crime, whereof the 
 party shall have been duly convicted. 
 
 Sec. 7. The right to worship God according to the dictates of 
 conscience shall never be infringed ; nor shall any person be com- 
 pelled to attend or support any form of worship ; nor shall any con- 
 trol of, or interference with the rights of conscience be permitted, 
 nor any preference be given by law to any religious establishment 
 or mode of worship. No religious 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 ac- 
 count of religious belief. 
 
 Sec. 8. The right to the writ of habeas corpiis shall not be sus- 
 pended, unless the public safety requires it in case of invasion or re- 
 bellion. 
 
 Sec. 9. All persons shall be bailable by sufficient sureties ex- 
 cept for capital offenses, where proof is evident or the presumption 
 great. Excessive bail shall not be required, nor excessive fines im- 
 posed, nor cruel or unusual punishment inflicted. 
 
 Sec. 10. In all prosecutions, the accused shall be allowed to ap- 
 pear 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 compel 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. 
 
 Sec. 11. The liberty of the press shall be inviolate : and all per- 
 
CONSTITUTtON OF KANSAS. 81 
 
 sons may freely speak, write or publish their sentiments on all sub- 
 jects, 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 libelous matter was 
 published for justifiable ends, the accused party shall be acquitted. 
 
 Sec. 12. 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. 
 
 Sec. 13. 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 act, or confession in open court. 
 
 Sec. 14. No soldier shall, in time of peace, be quartered in any 
 house without the consent of the occupant, nor in time of war, ex- 
 cept as prescribed by law. 
 
 Sec. 15. The right of the people to be secure in their persons 
 and property against unreasonable searches and seizures, shall be 
 inviolate ; and no warrant shall issue but on probable cause, sup- 
 ported by oath or affirmation, particularly describing the place to 
 be searched and the persons or property to be seized. 
 
 Sec. 16. No person shall be imprisoned for debt except in cases 
 of fraud. 
 
 Sec. 17. 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 
 descent of property. The rights of aliens in reference to the pur- 
 chase, enjoyment or descent of property may be regulated by law. 
 {As amended Nov. (,, n?,?,.) 
 
 Sec. 18. All persons, for injuries suflFered in person, reputation 
 or property, shall have remedy by due course of law, and justice 
 administered without delay. 
 
 Sec. 19. No hereditary emoluments, honors, or privileges shall 
 ever be granted or conferred by the State. 
 
 Sec. 20. This enumeration of ri^ts shall not be construed to 
 impair or deny others retained by the people ; and all powers not 
 herein delegated remain with the people. 
 
 ARTICLE I. 
 
 EXECUTIVE. 
 
 Section 1. The executive department shall consist of a gov- 
 
 6 — ^Kans. 
 
g2 OOMSTITUtlON OF KANSAS. 
 
 ernor, lieiitenant governor, secretary of state, auditor, treasurer, at- 
 torney-general, and superintendent of public instruction ; who shall 
 be chosen by the electors of the State at the time and place of vot- 
 ing for nienlbers of the legislature, and shall hold their offices for 
 tjie tei-m of two years from the second Monday of January, next 
 after their election, and until their successors are elected and 
 qualified. 
 
 Sec. 2. Until otherwise provided by law, an abstract of the re- 
 turns of every election, for the officers named in the foregoing sec- 
 tion, 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 canvassers, whose duty it shall be to meet at the State 
 capital 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. 
 
 Sec. 3. The supreme executive power of the State shall be 
 vested in a governor, who shall see that the laws are faithfully 
 executed. 
 
 Sec. 4. He may require information in writing from the officers 
 of the executive department, upon any subject relating to their re- 
 spective duties. 
 
 Sec. 5. He may, on extraordinary occasions, convene the legis- 
 lature by proclamation, and shall, at the commencement of every 
 session, communicate in writing such information as he may possess 
 in reference to the condition of the State, and recommend such 
 measures as he may deem expedient. 
 
 Sec. 6. In case of disagreement between the two houses in re- 
 spect to the time of adjournment, he may adjourn the legislature 
 to such time as he may think proper, not beyond its regular 
 meeting. ^ 
 
 Sec. 7. The pardoning power shall be vested in the governor, 
 under regulations and restrictions prescribed by law. 
 
 Sec. 8. 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. 
 
 Sec. 9. All commissions shall be issued in the name of the State 
 
CONSTITUTION OF KANSAS. 83 
 
 of Kansas : signed by the governor, countersigned by the secretary 
 of state, and sealed with the great seal. 
 
 Sec. 10. No member of congress, or officer of the State, or of 
 the United States, shall hold the office of governor, except as here- 
 in provided. 
 
 Sec. 11. In case of the death, impeachment, resignation, re- 
 moval or other disability of the governor, the povrer 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. 
 
 Sec. 12. The lieutenant-governor shall be president of the sen- 
 ate, and shall vote only when the senate is equally divided. 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. 
 
 Sec. ] 3. 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 sen- 
 ate, for any of the above causes, shall be rendered incapable of per- 
 forming the duties pertaining to the office of governor, the same 
 shall devolve upon the speaker of the house of representatives. 
 
 Sec. 14. Should either the secretary of state, auditor, treasurer, 
 attorney-general, or superintendent of public instruction, become 
 incapable of performing the duties of his office for any of the causes 
 specified in the thirteenth section 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 elec- 
 tion, at the first general election that occurs more than thirty days 
 after it shall have happened ; and the person chosen shall hold the 
 office for the unexpired term. 
 
 Sec. 15. The officers mentioned in this article shall, at stated 
 times, receive for their services a compensation to be established by 
 law, which shall neither be increased nor diminished during the 
 period for which they shall have been elected. 
 
 Sec. 16. 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 legislature. 
 
84 CONSTITUTION OF KANSAS. 
 
 ARTICLE II. 
 
 LEGISLATIVE. 
 
 Section 1. The legislative power of this State shall be vested 
 in a house of representatives and senate. 
 
 Sec. 2. 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 adop- 
 tion of the amendment the house of representatives shall admit one 
 member for 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 and constitute a part of the representative district of the county 
 lying next adjacent to it on the east. (As amended Nov. 4, 1873.) 
 
 Sec. 3. The members of the legislature shall receive as compen- 
 sation for their services the sum of three dollars for each day's 
 actual service at any regular or special session, and fifteen cents for 
 each mile traveled by the usual route in going to and returning from 
 the place of meeting ; but such compensation shall not in the ag- 
 gregate exceed the sum of two hundred and forty dollars for each 
 member as per diem allowance for the first session held under this 
 constitution, nor more than one hundred and fiftj' dollars for each 
 session thereafter, nor more than ninety dollars for any special 
 session. 
 
 Sec. 4. No person shall be a member of the legislature who is 
 not at the time of his election a qualified voter of, and a resident 
 in, the county or district for which he is elected. 
 
 Sec. 5. No member of congress orofiicerof 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 ap- 
 pointed to any office under the United States, his acceptance there- 
 of shall vacate his seat. 
 
 Sec. 6. No person convicted of embezzlement or misuse of the 
 public funds shall have a seat in the legislature. 
 
 Sec. 7. 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 constitution of this 
 State, and faithfully to discharge the duties of their respective 
 offices. 
 
CONSTITUTION OF KANSAS. 85 
 
 Sec. 8. 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. 
 
 Seo. 9. All vacancies occurring in either house shall be filled for 
 the unexpired term by election. 
 
 Sec. 10. Each house shall keep and publish a journal of its 
 proceedings. The yeas and nays shall be taken and entered im- 
 mediately 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. 
 
 Sec. 11. Any member of either house shall have the right to 
 protest against any act or resolution ; and such protest shall, with- 
 out delay or alteration, be entered on the journal. 
 
 Sec. 12. Bills may originate in either house, but may be 
 amended or rejected by the other. {As amended Nov. 8, 1864.) 
 
 Sec. 13. A majority of all the members elected to each house, 
 voting in the affirmative, shall be necessary to pass any bill or joint 
 resolution. 
 
 Sec. 14. 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 governor ; 
 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 reconsider 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 ap- 
 proved by two-thirds of all the members elected, it shall become a 
 law. But ia 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 adjourn- 
 ment, prevent its return, in which case it shall not become a law. 
 
 Sec. 15. Every bill shall be read on three separate days in each 
 house, unless in case of emergency. Two-thirds of the house where 
 such bill is pending may, if deemed expedient, suspend the rules,; 
 but the reading of the bill by sections, on its final passage, shall in 
 no case be dispensed with. 
 
 Sec. 16. No bill shall contain more than one subject, which 
 
86 CONSTITUTION OP KANSAS. 
 
 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 section or sections so amended 
 shall be repealed. 
 
 Sec. 17. All laws of a general nature shall have a uniform oper- 
 ation throughout the State ; and in all cases where a general law can 
 be made applicable, no special law shall be enacted. 
 
 Sec. 18. All power to grant divorces is vested in the district 
 courts, subject to regulation by law. 
 
 Sec. 19. 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 provide for the 
 election or appointment of all officers, and the filling of all vacancies 
 not otherwise provided for in this constitution. 
 
 Sec. 20. The enacting clause of all laws shall be, "Be it en- 
 acted by the legislature of the State of Kansas ; ' ' and no law shall 
 be enacted except by bill. 
 
 Sec. 21. 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. 
 
 Sec. 22. For any speech or debate in either house, the members 
 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. 
 
 Sec. 23. The legislature, in providing for the formation and 
 regulation of schools, shall make no distinction between the rights 
 of males and females. 
 
 Sec. 24. No money shall be drawn from the treasury, except in 
 pursuance of a specific appropriation made by law, and no ap- 
 propriation shall be for a longer term than two vears. {As amended 
 Nov. 7, 1876.) 
 
 Sec. 25. 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. {As amended Nov, 2, 1875.) 
 
CONSTITUTION OV KANSAS. 37 
 
 Sbc. 26. 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. 
 
 Sec. 27. 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 evidence. No person shall be 
 convicted without the concurrence of two-thirds of the senators 
 elected. 
 
 Sec. 28. 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 constitution; but the party, 
 whether acquitted or convicted, shall be liable to indictment, trial, 
 judgment and punishment, according to law. 
 
 Sec. 29. At the general election held in eighteen hundred and 
 seventy-six, and thereafter, members of the house of representa- 
 tives shall be elected for two years, and members of the senate shall 
 be elected for four years. {Amendment of Nod. 2, 1875.) 
 
 AETICLB III. 
 
 JUDICIAL. 
 
 Section 1 . The judicial power of this State shall be vested in a su- 
 preme court, district courts, probate courts, justices of the peace, 
 and such other courts, inferior to the supreme court, as maybe pro- 
 vided by law ; and all courts of record shall have a seal to be used 
 in the authentication of all process. 
 
 Sec. 2. The supreme court shall consist of one chief justice 
 • and two associate justices (a majority of whom shall constitute 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 asso- 
 ciate justice for four years, and one for two years. 
 
 Sec. 3. The supreme court shall have original jurisdiction in pro- 
 ceedings in quo warranto, mandamus, and habeas corpiis ; 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 jurisdic- 
 tion shall be coextensive with the State. 
 
88 CONSTITUTION OF KANSAS. 
 
 Sec. 4. There shall be appointed, by the jxistices of the supreme 
 court, a reporter and clerk of said court, who shall hold their of- 
 fices two years, and whose duties shall be prescribed by law. 
 
 Sec. 5. The State shall be divided into five judicial districts, in 
 each of which there shall be elected, by the electors thereof, a dis- 
 trict 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. 
 
 Sec. 6. The district courts shall have such jurisdiction in their 
 respective districts as may be provided by law. 
 
 Sec. 7. There shall be elected in each organized county a clerk 
 of the district court, who shall hold his office two years, and whose 
 duties shall be prescribed by law. 
 
 Sec. 8. 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 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 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. 
 
 Sec. 9. 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 justices of the 
 peace may be increased in any township by law. 
 
 Sec. 10. All appeals from probate courts and justices of the 
 peace shall be to the district court. 
 
 Sec. 11. All the judicial officers provided for by this article shall 
 be elected at the first election under this constitution, and shall re- 
 side in their respective townships, counties or districts during their 
 respective terms of office. In case of vacancy in any judicial office, 
 it shall be filled by appointment of the governor until the next 
 regular election that shall occur more than thirty days after such 
 vacancy shall have happened. 
 
 Sec. 12. All judicial officers shall hold their offices until their 
 successors shall have qualified. 
 
 Sec. 13. The justices of the supreme court and judges of the 
 district court shall, at stated times, receive for their services such 
 compensation as may be provided by law, which shall not be increase^ 
 
CONSTITUTION OF KANSAS. gg 
 
 during their respective terms of office : B-omded, Such compen- 
 sation 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 of- 
 fice for which such justices and judges shall be elected, nor practice 
 law in any of the courts in the State during their continuance in 
 office. 
 
 Sec. 14. Provision may be made by law for the increase of the 
 number of judicial districts whenever two-thirds of the members 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. 
 
 Sec. 15. 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 sub- 
 stance of which shall be entered upon the journal, nor until the 
 party charged shall have had notice and opportunity to be heard. 
 
 Sec. ] 6. The several justices and judges of the courts of record 
 in this State shall have such jurisdiction at chambers as may be pro- 
 vided by law. 
 
 Sec. 17. 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. 
 
 (Section 18 omitted. It provided for a temporary division of the State 
 into judicial districts.) 
 
 Sec. 19. New or unorganized counties shall, by law, be at- 
 tached, for judicial purposes, to the most convenient judicial dis- 
 trict. 
 
 Sec. 20. 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. 
 
 AKTICLB IV. 
 
 elections. 
 Section 1. All elections by the people shall be by ballot, and 
 all elections by the legislature shall be vwa voce. 
 Sec. 2, General elections shall be held annually on the Tuesday 
 
90 CONSTITUTION OF KANSAS. 
 
 succeeding the first Monday in November. Township elections 
 shall be held on the first Tuesday in April, until otherwise pro- 
 vided by law. 
 
 ARTICLE V. 
 
 SUFFRAGE. 1 
 
 Section 1. 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 
 intention to become citizens conformably to the laws of the United 
 States on the subject of naturaUzation. 
 
 Sec. 2. No person under guardianship, nan 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 voluntarily aided or abetted in the at- 
 tempted 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 re- 
 moved by a law passed by a vote of two-thirds of all the -members 
 of both branches of the legislature. {As aw.aided Nov. 5, 1867.) 
 
 Sec. 3. For the purpose of voting, no person shall be deemed to 
 
 ' The right of suffrage here provided for is the right to vote for State of- 
 ficers and members of the legislature. In other cases the legislature may 
 prescribe the qualifications, as it has done by laws extending the sufi'rage 
 to women in .school and city elections. 
 
 ^ The word white was abrogated by the fifteenth amendment to the Con- 
 stitution of the United States, which prohibited a denial of the right to 
 vote because of race, color or previous condition oi servitude. 
 
CONSTITUTION OF KANSAS. 91 
 
 have gained or lost a residence by reason oi' Lis presence or absence 
 while employed in the service of the United States, nor while en- 
 gaged 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 confined 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 tlie 
 volunteer military service of the United States, or the militia ser- 
 vice of this State ; but nothing herein contained shall be deemed to 
 allow any soldier, seaman or marine in the regular army or navy of 
 the United States the right to vote. {As amended Nov. 8, 1864.) 
 
 Sec. 4. The legislature shall pass such laws as may be necessary 
 for ascertaining, by proper proofs, the citizens who shall be entitled 
 to the right of suffrage hereby established. 
 
 Sec. 5. 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 ineli- 
 gible to any oflSce of trust or profit. 
 
 Sec. 6. 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. 
 
 Sec. 7. 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. 
 
 AKTICLE VI. 
 
 EDtrCATION. 
 
 Section 1. 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 duties as 
 may be prescribed by law. A superintendent of public instruction 
 shall be elected in each county, whose term of office shall be two 
 years, and whose duties and compensation shall be prescribed by law. 
 
 Sec. 2. The legislature shall encourage the promotion of intel- 
 lectual, moral, scientific and agricultural improvement, by estab- 
 lishing a uniform system of common schools, and schools of a 
 higher grade, embracing normal, preparatory, collegiate and uni- 
 Yersity departments. 
 
92 CONSTITUTION OF KANSAS. 
 
 Sec. 3. The proceeds of all lands that have been, or njay 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. iS41, and all estates of persons dying without 
 heir or will, and such per cent, as may be granted by congress on 
 the sale of the lands in this State, shall be the common propertj' 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 common schools. 
 
 Sec. 4. The income of the State school funds shall be disbursed 
 annually, by order of the State superintendent, to the several 
 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. 
 
 Sec. 5. The school lands shall not be sold unless such sale shall 
 be authorized by a vote of the people at a general election ; but, 
 subject to re-valuation every five years, they may be leased for any 
 number of years not exceeding twenty-five, at a rate established by 
 law. 
 
 Sec. 6. All money which shall be paid by persons as an equiva- 
 lent for exemption from military duty; the clear proceeds 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 exclu- 
 sively applied, in the several counties in which the money is paid or 
 fines collected, to the support of common schools. 
 
 Sec. 7. 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, including a 
 normal and an agricultural department. All funds arising 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, dona- 
 tions or bequests, either by the State or by individuals, for such 
 purpose, shall remain a perpetual fund, to be called the "univer- 
 
GONSTirVTION OF KANSAS. 93 
 
 sityfund" ; the interest of which shall be appropriated to the 
 support of the State university. 
 
 Sec. 8. No religious sect or sects shall ever control any part 
 of the common school or university funds of the State. 
 
 Sec. 9. The State superintendent of public instruction, secre- 
 tary of state and attorney-general shall constitute a board of com- 
 missioners, for the management and investment of the school 
 funds. Any two of said commissioners shall be a quorum. 
 
 ARTICLE VII. 
 
 PUBLIC INSTITUTIONS. 
 
 Section 1. Institutions for the benefit of the insane, blind, and 
 deaf and dumb, and such other benevolent institutions as the pub- 
 lic 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 nominations made by the governor, 
 the question shall be taken in yeas and nays, and entered upon the 
 journal. 
 
 Sec. 2. A penitentiary shall be established, the directors of 
 which shall be appointed or elected, as prescribed by law. 
 
 Sec. 3. The governor shall fill any vacancy that may occur in 
 the offices aforesaid, until the next session of the legislature, and 
 until a successor to his appointee shall be confirmed and qualified. 
 
 Sec. 4. 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 VIIL 
 
 Section 1. 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 religious denomination what- 
 ever who from scruples of conscience may be averse to bearing arms 
 shall be exempted therefrom upon such conditions as may be pre- 
 scribed by law. {As amended Nov. 6, 1888.) 
 
94 CONSTITUTION OF KANSAS. 
 
 Sec. 2. The legislature shall provide for organizing, equipping 
 and disciplining the militia in such manner as it shall deem expe- 
 dient not incompatible with the laws of the United States. 
 
 Sec. 3. Officers of the militia shall be elected or appointed, and 
 commissioned in such manner as may be provided by law. 
 
 Sec. 4. 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. 
 
 COTTNTY AND TOWNSHIP ORGANIZATION. 
 
 Section 1. The legislature shall provide for organizing new 
 counties, locating county seats, and changing county lines ; but no 
 county seat shall be changed without the consent of a majority of 
 the electors of the county ; nor any county organized, nor the lines 
 of any county changed so as to include an area of less than four 
 hundred and thirty-two square miles. 
 
 Sec. 2. The legislature shall provide for such county and town- 
 ship officers as may be necessary. 
 
 Sec. 3. All county officers shall hold their offices for the term 
 of two years, and until their successors shall be qualified, except 
 county commissioners, who shall hold their offices for the term of 
 three years : Provided^ That at the general election in the year 
 eighteen hundred and seventy-seven the commissioner elected from 
 district number one in each county shall hold his office for the term 
 of one year, the commissioner elected from district number two in 
 each county shall hold his office for the term of two 3'ears, and the 
 commissioner elected from district number three in each county 
 shall hold his office for the term of three years ; but no person 
 shall hold the office of sheriff or county treasurer for more than 
 two consecutive terms. {As amended Nov. 7, ] 876. ) 
 
 Sec. 4. 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. 
 
 Sec. 5. All county and township officers may be removed from 
 office, in such manner and for such cause as shall be prescribed by 
 law. 
 
CONSTITUTION OF KANSAS. 95 
 
 AETIOLE X. 
 
 APPORTIONMENT. 
 
 Section 1. In the future apportionment of the State, each or- 
 ganized county shall have at least one representative ; and each 
 county shall be divided into as many districts as it has representa- 
 tives. 
 
 Sec. 2. It shall be the duty of the first legislature to make an 
 apportionment, based upon the census ordered by the last legisla- 
 tive assembly of the territory ; and a new apportionment shall be 
 made in the year 1866, and every five years thereafter, based upon 
 the census of the preceding year. 
 
 (Section 3 omitted. It provided a temporary apportionment of the 
 State into districts, for the election of senators and representatives.) 
 
 ARTICLE XI. 
 
 riNANCE AND TAXATION. 
 
 Section 1. 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, scientific, 
 religious, benevolent and charitable purposes, and personal prop- 
 erty to the amount of at least two hundred dollars for each family, 
 shall be exempted from taxation. 
 
 Sec. 2. 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 deduction) of all 
 banks now existing, or hereafter to be created, and of all bankers ; 
 so thit all property employed in banking shall always bear a burden 
 of taxation equal to that imposed upon the property of individuals. 
 
 Sec. 3. The legislature shall provide, at each regular session, 
 for raising sufiScient revenue to defray the current expenses of the 
 State for two years. {As amended Not\ 2, 1875.) 
 
 Sec. 4. No tax shall be levied except in pursuance of u law, 
 ■which shall distinctly state the object of the same ; to which object 
 only such tax shall be applied. 
 
 Sec. 5. For the purpose of defraying extraordinary expenses 
 and making public improvements, the State may contract public 
 
96 CONSTITUTION OF KANSAS. 
 
 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 members 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 
 appropriate the proceeds of such taxes to the payment of such 
 principal and interest ; and such appropriation shall not be repealed 
 nor the taxes postponed or diminished, until the interest and prin- 
 cipal of such debt shall have been wholly paid. 
 
 Sec. 6. 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 legislature next after such election to enact such 
 law and create such debt, subject to all the provisions and restric- 
 tions provided in the preceding section of this article. 
 
 Sec. 7. The State may borrow money to repel invasion, suppress 
 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. 
 
 Sec. 8. The State shall never be a party in carrying on any works 
 of internal improvement. 
 
 ARTICLE XII. 
 
 corporations. 
 
 Section 1. The legislature shall pass no special act conferring 
 corporate powers. Corporations may be created under general 
 laws ; but all such laws may be amended or repealed. 
 
 Sec. 2. 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 liabilities shall not apply to 
 railroad corporations, nor corporations for religious or charitable 
 purposes. 
 
CONSTITUTION OF KANSAS. 97 
 
 Seo. 3. The title to all property of religious corporations shall 
 vest in trustees, whose election shall be by the members of such cor- 
 porations. 
 
 Sec. 4. No right of way shall be appropriated to the use of 
 any corporation, until full compensation therefor be first made in 
 money, or secured by a deposit of money, to the owner, irrespective 
 of any benefit from any improvement proposed by such corporation. 
 
 Sec. 5. Provision shall be made by general law for the organi- 
 zation of cities, towns and villages ; and their power of taxation, 
 assessment, borrowing money, contracting debts and loaning their 
 credit, shall be so restricted as to prevent the abuse of such power. 
 
 Sec. 6. The term corporations, as used in this article, shall in- 
 clude all associations and joint stock companies having powers and 
 privileges not possessed by individuals or partnerships ; and all 
 corporations may sue and be sued in their corporate name. 
 
 AKTICLE XIII. 
 
 BANKS AND CURRENCY. 
 
 Section 1 . No bank shall be established otherwise than under 
 a general banking law. 
 
 Sec. 2. All banking laws shall require, as collateral security for 
 the redemption of the circulating notes of any bank, organized 
 under their provisions, 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 circulating 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. 
 
 Sec. 3. 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 security unim- 
 paired. 
 
 Sec. 4. All circulating notes shall be redeemable in the money 
 of the United States. Holders of such notes shall be entitled, in 
 case of the insolvency of such banks, to preference of payment 
 over all other creditors. 
 7 — Kans. ' 
 
98 OONSTirUTION OF KANSAS. 
 
 Sec. 5. The State shall not be a stockholder in any banking in- 
 stitution. 
 
 Sec. 6. All banks shall be required to keep offices and officers 
 for the issue and redemption of their circulation, at a convenient 
 place within the State, to be named on the circulating notes issued 
 by such bank. 
 
 Sec. 7. No banking institution shall issue circulating notes of a 
 less denomination than one doUaf. (4s amended Nov. 5, 1861.) 
 
 Sec. 8. 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. 
 
 Sec. 9. Any banking law may be amended or repealed. 
 
 ARTICLE XIV. 
 
 AMENDMENTS. 
 
 Section 1. 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 pre- 
 ceding the next election for representatives, at which time the same 
 shall be submitted to the electors for their approval or rejection ; 
 and 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 en- 
 able the electors to vote on each amendment separately ; and not 
 more than three propositions to amend shall be submitted at the 
 same election. 
 
 Sec. 2. Whenever two-thirds of the members elected to each 
 branch of the legislature shall think it necessary to call a conven- 
 tion to revise, amend or change this constitution, they shall recom- 
 mend to the electors to vote at the next election of members to the 
 legislature, for or against a convention ; and if a majority of all the 
 electors voting at such election shall have voted for a convention, 
 
CONSTITUTION OF KANSAS. 99 
 
 the legislature shall, at the next session, provide for calling the 
 same. 
 
 ARTICLE XV. 
 
 MISCELLANEOUS. 
 
 Section 1. All officers whose election or appointment is not 
 otherwise provided for, shall be chosen or appointed as may be pre- 
 scribed by law. 
 
 Sec. 2. The tenure of any office not herein provided for may be 
 declared by law ; when not so declared, such office shall be held 
 during the pleasure of the authority making the appointment, but 
 the legislature shall not create any office the tenure of which shall 
 be longer than four years. 
 
 Sec. 3. Lotteries and the sale of lottery tickets are forever pro- 
 hibited. 
 
 Sec. 4. 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 sessioji of the legislature for the election of a 
 State printer shall be on the third Tuesday of January, A. D. 1869, 
 and every two years thereafter. All public printing shall be done 
 at the capital, and the prices for the same shall be regulated by 
 law. {As amended Nov. 3, 1868;) 
 
 Sec. 5. 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 published, as prescribed by 
 law. 
 
 Sec. 6. The legislature shall provide for the protection of the 
 rights of women, in acquiring and possessing property, real, per- 
 sonal and mixed, separate and apart from the husband ; and shall 
 also provide for their equal rights in the possession of their 
 children. 
 
 Sec. 7. The legislature may reduce the salaries of officers who 
 shall neglect the performance of any legal duty. 
 
 Sec. 8. The temporary seat of government is hereby located at 
 the city of Topeka, county of Shawnee. The first legislature under 
 this constitution shall provide by law for submitting 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. 
 
100 CONSTITUTION OF KANSAS. 
 
 Sec. 9. A homestead to the extent of one hundred and sixty 
 acres of farming land, or of one acre within the limits of an incor- 
 porated 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 process of law, and shall not 
 be alienated without the joint consent of husband and wife, when 
 that relation exists ; but no property shall be exempt from sale for 
 taxes, or for the payment of obligations contracted for the purchase 
 of said premises, or for the erection of improvements thereon. 
 Provided; The provisions of this section shall not apply to any 
 process of law obtained by virtue of a lien given by the consent of 
 both husband and wife. 
 
 Sec. 10. The manufacture and sale of intoxicating liquors shall 
 be forever prohibited in this State, except for medical, scientific and 
 mechanical purposes. {Amendment of Nov. 2, 1880.) 
 
INDEX 
 TO THE CONSTITUTION. 
 
 Fbeamble . 
 
 Page 
 .... 79 
 
 Bill of Eights. 
 Section 
 
 1. Equal and inalienable rights 79 
 
 2. Source of political power, no . 
 
 special privileges 79 
 
 3. Bight of assembly and petition... SO 
 
 4. Bight to bear arms, standing 
 
 armies 80 
 
 5. Trial by jury 80 
 
 6. Slavery prohibited 80 
 
 7. Eeligious liberty, no religious or 
 
 property qualifications 80 
 
 8. Habeas corpus 80 
 
 9. Bail, no excessive punishments .. 80 
 
 10. Rights of accused persons 80 
 
 11. Liberty of the press, law of libel 80 
 
 12. No person transported, no forfeit- 
 
 ure of estate 81 
 
 13. Definition of treason, evidence... 81 
 
 14. Quartering of soldiers 81 
 
 15. Search and seizure 81 
 
 16. No imprisonment for debt 81 
 
 17. Property rights of aliens 81 
 
 18. Justice without delay 81 
 
 19. No hereditary emoluments 81 
 
 20. Powers not delegated 81 
 
 ARTICLE L 
 Executive. 
 
 1. Officers and term 81 
 
 2. Canvass of their election 82 
 
 3. Governor 82 
 
 4. May require information 82 
 
 5. Convene legislature, message 82 
 
 6. Adjourn legislature 82 
 
 7. Pardoning power 82 
 
 8. State seal 82 
 
 9. Commissions 82 
 
 10. Who ineligible 83 
 
 11. Vacancy 83 
 
 12. Lieutenant-governor S? 
 
 13. Vacancy 83 
 
 14. Other vacancies 83 
 
 15. Compensation 83 
 
 16. Officers to report 83 
 
 ARTICLE n. 
 
 Legislative. 
 Section Page 
 
 1. Two houses 84 
 
 2. Number of senators and repre- 
 
 sentatives 84 
 
 3. Compensation 84 
 
 4. Qualifications 84 
 
 5-6. Disqualifications 84 
 
 7. Oath 84 
 
 8. Quorum, rules, elections 85 
 
 9. Vacancies 85 
 
 10. Journal, yeas and nays, adjourn- 
 
 ment 85 
 
 11. Eight of protest 85 
 
 12. Origin of bills 85 
 
 13. Passage of bills 85 
 
 14. Veto power 85 
 
 15. Reading of bills 85 
 
 16. Bills to contain but one subject, 
 
 amendments 85 
 
 17. Laws to be general 86 
 
 18. Divorce 86 
 
 19. Publication of laws, power to 
 
 provide for election of oflScers 86 
 
 20. Enacting clause of laws 86 
 
 21. County tribunals 86 
 
 22. Privileges of members 86 
 
 23. No distinction between sexes in 
 
 schools 86 
 
 24. Appropriations 86 
 
 25. Sessionsof the legislature 86 
 
 26. Census 87 
 
 27-28. Impeachment 87 
 
 29. Term of representatives and 
 
 senators 87 
 
 ARTICLE III. 
 Judicial. 
 
 1. Judicial power, courts 87 
 
 2. Supreme court 87 
 
 3. Jurisdiction and terras 87 
 
 4. Eeporter and clerk 88 
 
 5. District courts 88 
 
 6. Jurisdiction 88 
 
 7. Clerk 88 
 
 8. Probate court 88 
 
 (101) 
 
102 
 
 INDEX TO TSE O0N8TITUTI0N. 
 
 Section Page 
 
 9. Justices of the peace 88 
 
 10. Appeals from probate courts aud 
 
 justices 88 
 
 11. Election of judicial officers, va- 
 
 cancies 88 
 
 12. Hold until successors qualify 88 
 
 13. Compensation, shall hold no 
 
 other office 88 
 
 14. Judicial districts. 89 
 
 15. Removal of judges 89 
 
 16. Jurisdiction at chambers 89 
 
 17. Style of process 89 
 
 18. Original districts 89 
 
 19. Unorganized counties 89 
 
 20. Judge pro fern 89 
 
 AETICLE IV. 
 Elections. 
 
 1. By ballot and viva wee 89 
 
 2. When held 89 
 
 ARTICLE V. 
 
 SUFFEAGE. 
 
 1. Qualifications of electors 90 
 
 2. Disqualifications 90 
 
 3. Persons in military service and 
 
 absent 90 
 
 4. Proof of right 91 
 
 5. Duelists disqualified 91 
 
 6. Bribery disqualifies 91 
 
 7. Privileges of electors 91 
 
 ARTICLE VI. 
 Eddcation. 
 
 1. State and county superintendent 91 
 
 2. Schools to be established 91 
 
 3. Proceeds of school fund 92 
 
 4. Income of State school funds 92 
 
 5. Disposal of school lands 92 
 
 6. Money to be applied to schools... 92 
 
 7. State university 92 
 
 8. No sectarian control of funds 93 
 
 9. Investment of funds 93 
 
 ARTICLE VIL 
 Public Institutions. 
 
 1. Benevolent institutions 93 
 
 2. Penitentiary 93 
 
 3. Vacancies in offices 93 
 
 4. Aged and infirm 93 
 
 ARTICLE VIIL 
 Militia. 
 
 1. How composed, exemption 93 
 
 2. Organization 94 
 
 3. Officers 94 
 
 4. Commander-in-chief 94 
 
 ARTICLE IX. 
 County and Township Oeganization. 
 1. New counties, county seats, area 94 
 
 Section Page 
 
 2. County and township officers 94 
 
 3. Term of county officers 94 
 
 4. Term of township officers 94 
 
 5. Removal 94 
 
 ARTICLE X. 
 Appoktionment. 
 
 1. Representative districts 95 
 
 2. Ajiportionment 95 
 
 3. Original districts 95 
 
 ARTICLE XI. 
 Finance and Taxation. 
 
 1. Equal taxation, exemptions 95 
 
 2. Taxation of banks 95 
 
 3. Revenue 95 
 
 4. Object of tax 95 
 
 5. Debts contracted by the legisla- 
 
 ture 95 
 
 6. Debts contracted by popular vote 96 
 
 7. Loans for certain purposes 96 
 
 8. Internal improvements 96 
 
 ARTICLE XIL 
 
 COHPOEATIONS. 
 
 1. No special charters 96 
 
 2. Liability of stockholdere 96 
 
 3. Religious corporations 97 
 
 4. Right of way 97 
 
 5. Organization of cities 97 
 
 6. Corporations defined 97 
 
 ARTICLE XIII. 
 Banks and Cuehency. 
 
 1. Banking laws general 97 
 
 2. Shall require deposit 97 
 
 3. When security depreciates 97 
 
 4. Notes redeemable, prelerence 97 
 
 5. State not to be a stoclibolder 98 
 
 6 Banks to keep offices 98 
 
 7. Denomination of notes 98 
 
 8. Vote on law 98 
 
 9. Amendment or repeal 98 
 
 ARTICLE XIV. 
 Amendmenk. 
 
 1. How made 98 
 
 2. Constitutional convention 98 
 
 ARTICLE XV. 
 Miscellaneous. 
 
 1. Officers not provided for 99 
 
 2. Tenure of office 99 
 
 3. Lotteries 99 
 
 4. State printer 99 
 
 5. Accounts to be published 99 
 
 6. Rights of women 99 
 
 7. Salaries reduced for neglect 99 
 
 8. State capital 99 
 
 9. Homestead exemption 100 
 
 10. Prohibition of intoxicaling liq- 
 uors. 100 
 
Appendix. 
 
 GOVERNOKS OF KANSAS, WITH DATES OP SERVICE. 
 
 Andrew H. Reeder 
 Wilson Shannon . 
 John W. G-eary _ . 
 Robert J. Walker 
 James W. Denver 
 Samuel Medary . 
 
 Territorial.* 
 
 From 
 . July 7, 1854 
 . Sept. 7, 1855 
 Sept. 11, 1856 
 May 27, 1857 
 Dec. 21, 1857 
 Dec. 20, 1858 
 
 lb 
 
 Aug. 16, 1855 
 Aug. 18, 1856 
 March 12, 1857 
 Nov. 16, 1857 
 Oct. 10, 1858 
 Dec. 17, 1860 
 
 * During the intervals between the dates given, the Secretary of the 
 Territory acted as Governor. 
 
 1. Charles Robinson . 
 
 2. Thomas Carney . . 
 
 3. Samuel J. Crawford 
 
 4. Nehemiah G-reen . . 
 
 5. James M. Harvey . 
 
 6. Thomas A. Osborn 
 
 7. George T. Anthony 
 
 8. John P. St. John . 
 
 9. George W. Glick . . 
 
 10. John A. Martin . . 
 
 11. Lyman TJ. Humphrey 
 
 12. Lorenzo D. Lewelling 
 
 13. Edwin N. Morrill . . 
 
 State. 
 
 FroTti 
 
 . Feb. 9, 1861 
 Jan. 12, 1863 
 . Jan. 9, 1865 
 . Nov. 4, 1868 
 Jan. 11, 1869 
 Jan. 13, 1873 
 . Jan. 8, 1877 
 Jan. 13, 1879 
 . Jan. 8, 1883 
 Jan. 12, 1885 
 Jan. 14, 1889 
 . Jan. 9, 1893 
 Jan. 14, 1895 
 
 1868 
 1869 
 1873 
 
 To 
 Jan. 12, 1863 
 
 Jan. 9, 1865 
 ■Nov. 4. 
 Jan. 11. 
 Jan. 13. 
 
 Jan. 8, 1877 
 Jan. 13, 1879 
 
 Jan. 8, 1883 
 Jan. 12, 1885 
 Jan. 14, 1889 
 
 Jan. 9, 1893 
 Jan. 14, 1895 
 Jan. II, 1897 
 
 (103) 
 
104 APPENDIX. 
 
 STATE GOVERNORS [continued). 
 
 14. John W. Leedy Jan. 11, 1897 Jan. 9, 1899 
 
 15. William E. Stanley . . . Jan. 9, 1899 
 
 SALARIES OF PRINCIPAL STATE OFFICERS. 
 
 Governor $3000 
 
 Secretary of State 2500 
 
 Auditor 2500 
 
 Treasurer 2500 
 
 Attorney-General 2500 
 
 Superintendent of Public Instruction 2000 
 
 Justices of Supreme Court (three), each 3000 
 
 Judges of the Appellate Courts (six), each 2500 
 
 Judges of District Courts (thirty), each 2500 
 
 State Bank Commissioner 2500 
 
 State Architect 2400 
 
 Superintendent of Insurance 2000 
 
 Secretary of the Board of Agriculture 2000 
 
 State Librarian 1600 
 
 Adjutant-General 1500 
 
 Commissioner of Labor and Industries 1500 
 
 Secretary of Mine Industries 1500 
 
 Secretary of State Historical Society 1500 
 
 State Oil Inspector 1500 
 
 State Grain Inspector 1200 
 
APPEMBIX. 
 
 105 
 
 COUNTIES IN KANSAS. 
 
 oKKo 
 
 CownUet 
 
 1 Allen . 
 
 2 Anderson 
 
 3 Atchison 
 
 4 Barber . 
 
 5 Barton . 
 
 6 Bourbon 
 
 7 Brown . 
 
 8 Butler . 
 
 9 Chase . 
 
 10 Chautauqua 
 
 11 Cherokee 
 
 12 Cheyenne 
 
 13 Clark . 
 
 14 Clay . 
 
 15 Cloud . 
 
 16 CofiFey . 
 
 17 Comanche 
 
 18 Cowley. 
 
 19 Crawford 
 
 20 Decatur 
 
 21 Dickinson 
 
 22 Doniphan 
 
 23 Douglas 
 
 24 Edwards 
 
 25 Elk . . 
 
 26 Ellis . 
 
 27 Ellsworth 
 
 28 Finney . 
 
 29 Ford . 
 
 30 Franklin 
 
 31 Geary . 
 
 Organised Catmty Seat PcpidatUm in 1899 
 
 1855 lola 17,483 
 
 1855 Gamett 14,227 
 
 1855 Atchison 30,369 
 
 1873 Medicine Lodge . . . 6,614 
 
 1872 Great Bend 13,601 
 
 1855 Fort Scott 25,494 
 
 1855 Hiawatha 20,991 
 
 1855 El Dorado 21,741 - 
 
 1859 Cottonwood Falls ... 7,937 
 
 1875 Sedan 11,390 
 
 1866 Columbus 39,768 
 
 1886 St. Francis 2,670 
 
 1885 Ashland 1,672 
 
 1866 Clay Center 16,064 
 
 1860 Concordia 17,511 
 
 1859 Burlington 15,951 
 
 1885 Coldwater 1,446 
 
 1870 Winfield 30,555 
 
 1867 Girard 40,632 
 
 1880 Oberlin 7,883 
 
 1857 Abilene 21,868 
 
 1855 Troy 15.556 
 
 1855 Lawrence 25,424 
 
 1874 Kinsley 3,393 
 
 1875 Howard 10,832 
 
 1867 Hays City 7,879 
 
 1867 Ellsworth 10,077 
 
 1884 Garden City .... 3,200 
 
 1873 Dodge City 4,698 
 
 1855 Ottawa 21,964 
 
 1855 Junction City .... 10,721 
 
106 
 
 Couniiee 
 
 32 Gove . . 
 
 33 Graham . 
 
 34 Grant . . 
 
 35 Gray . . 
 
 36 Greeley . 
 
 37 Greenwood 
 
 38 Hamilton . 
 
 39 Harper . . 
 
 40 Harvey 
 
 41 Haskell . 
 
 42 Hodgeman 
 
 43 Jackson 
 
 44 Jefferson . 
 
 45 Jewell . . 
 
 46 Johnson . 
 
 47 Kearny 
 
 48 Kingman . 
 
 49 Kiowa . . 
 
 50 Labette 
 
 51 Lane . . 
 
 52 Leavenworth 
 
 53 Lincoln 
 
 54 Linn . . 
 
 55 Logan . . 
 
 56 Lyon . . 
 
 57 Marion . . 
 
 58 Marshall . 
 
 59 MoPherson 
 
 60 Meade . . 
 
 61 Miami . . 
 
 62 Mitchell . 
 
 63 Montgomery 
 
 64 Morris . . 
 
 65 Morton . . 
 
 66 Nemaha . 
 
 67 Neosho 
 
 68 Ness . . 
 
 69 Norton . . 
 
 70 Osage . . 
 
 APPENDIX. 
 
 Organised County Seat Popuiaiionm 1899 
 
 1886 Gove City 2,244 
 
 1880 Hill City 4,641 
 
 1888 Ulysses 405 
 
 1887 Cimarron 1,128 
 
 1888 Tribune 464 
 
 1862 iEureka 15,409 
 
 1886 Syracuse 1,537 
 
 1873 Anthony 10,052 
 
 1872 Newton 17,707 
 
 1887 Santa Fe 434 
 
 1879 Jetmore 1,971 
 
 1857 Holton 18,121 
 
 1855 Oskaloosa 17,365 
 
 1870 Mankato 17,874 
 
 1855 Olathe 17,763 
 
 1888 Lakin 1,049 
 
 1873 Kingman 10,580 
 
 1886 Greensburg 2,051 
 
 1867 Oswego 27,968 
 
 1886 Dightou 1,661 
 
 1855 Leavenworth .... 35,631 
 
 1870 Lincoln 9,275 
 
 1855 Mound City . . . . 16,054 
 
 1888 Eussell Springs ... 1,899 
 
 1858 Emporia 25,166 
 
 1865 Marion 20,746 
 
 1855 Marysville 24,321 
 
 1870 McPherson 21,301 
 
 1885 Meade 1,541 
 
 1855 Paola 20,542 
 
 1870 Beloit 13,836 
 
 1869 Independence .... 28,222 
 
 1858 Council Grove .... 11,408 
 
 1886 Richfield 305 
 
 1855 Seneca 20,326 
 
 1864 Erie 20,187 
 
 1880 Ness City 4,225 
 
 1872 Norton ]0,648 
 
 1859 Lyndon , 23,888 
 
APPBNDIX. 
 
 CownUea 
 
 71 Osborne . 
 
 72 Ottawa. . 
 
 73 Pawnee . 
 
 74 Phillips . 
 
 75 Pottawatomie 
 
 76 Pratt . . 
 
 77 Kawlins • 
 
 78 Eeno , . 
 
 79 Republic . 
 
 80 Rice . , 
 
 81 Riley . . 
 
 82 Rooks . 
 
 83 Rush . . 
 
 84 Russell . 
 
 85 Saline . . 
 
 86 Scott . . 
 
 87 Sedgwick 
 
 88 Seward , 
 
 89 Shawnee . 
 
 90 Sheridan . 
 
 91 Sherman . 
 
 92 Smith. . 
 
 93 Stafford . 
 
 94 Stanton . 
 
 95 Stevens . 
 
 96 Sumner . 
 
 97 Thomas . 
 
 98 Trego . . 
 
 99 Wabaunsee 
 
 100 Wallace . 
 
 101 Washington 
 
 102 Wichita . 
 
 103 Wilson . 
 
 104 Woodson 
 
 105 Wyandotte 
 The State 
 
 Organized 
 1871 
 1866 
 1872 
 1872 
 1856 
 1879 
 1881 
 1872 
 1868 
 1871 
 1855 
 1872 
 1874 
 1872 
 1859 
 1886 
 1870 
 1886 
 1855 
 1880 
 1886 
 1872 
 1879 
 1887 
 1886 
 1871 
 1885 
 1879 
 1859 
 1888 
 1860 
 1886 
 1865 
 1855 
 1859 
 
 County Seat 
 Osborne . . 
 Minneapolis 
 Larned . . 
 Phillipsburg 
 Westmoreland 
 Pratt . . 
 Atwood . 
 Hutchinson 
 Belleville 
 Lyons 
 Manhattan 
 Stockton . 
 La Crosse 
 Russell . 
 Salina 
 Seott City 
 Wichita , 
 Liberal . 
 Topeka . 
 Hoxie 
 Goodland 
 Smith Center 
 St. John 
 Johnson City 
 Hugoton . 
 Wellington 
 Colby. . 
 Wa Keeney 
 Alma . . . 
 Sharon Springs 
 Washington 
 Leoti . . 
 Fredonia . . 
 Yates Center 
 Kansas City, 
 
 107 
 
 Population in 1899 
 
 11,496 
 
 10,662 
 
 4,950 
 
 13,400 
 
 18,130 
 
 6,341 
 
 5,127 
 
 27, 1 52 
 
 17,925 
 
 13,072 
 
 12,915 
 
 7,593 
 
 5,677 
 
 7,681 
 
 16,670 
 
 1,071 
 
 40,379 
 
 721 
 
 53,950 
 
 3,273 
 
 3,381 
 
 15,543 
 
 8,896 
 
 294 
 
 568 
 
 25,369 
 
 3,864 
 
 2,443 
 
 12,329 
 
 ],067 
 
 21,373 
 
 1,195 
 
 15,112 
 
 9,775 
 
 05,563 
 
 1,425,119 
 
108 APPENDIX. 
 
 List of cities in Kansas having a population of 
 more than 4000 inhabitants in 1899. 
 
 1. Kansas City 46,219 
 
 2. Topeka 85,365 
 
 3. Wicliita 22,026 
 
 4. Leavenworth 20,893 
 
 5. Atchison 16,617 
 
 6. Pittsburg 12,347 
 
 7. Lawrence 11,437 
 
 8. Fort Scott 10,892 
 
 9. Hutchinson 9,015 
 
 10. Emporia 9,001 
 
 11. Parsons 8,020 
 
 12. Ottawa 7,462 
 
 13. Arkansas City 7,219 
 
 14. Newton 6,687 
 
 15. Salina 6,193 
 
 16. Argentine 6,191 
 
 17. Winfield 5,727 
 
 18. Coffeyville . 5,561 
 
 19. Junction City 5,489 
 
 20. Galena 5,143 
 
 21. Chanute 4,290 
 
 22. Wellington 4,159 
 
 23. lola 4,112 
 
 24. Independence 4,112 
 
(The references are to paragraphi 
 
 Adjutant-obnebal, 44 
 Administrative officers, 44 
 Appellate courts, 61 
 Assessment, 92 
 Assessor, 70, 92 
 Attorney-general, 41 
 Auditor, county, 66 note 
 Auditor, State, 39 
 Australian ballot system, 103-106 
 
 Ballots, 104 
 
 Bill of rights, 33 
 
 Board of education, city, 88 
 
 Board of education, State, 43 
 
 Board of equalization, 39 
 
 Board of railway assessors, 37, 39 
 
 Boards, State, 43 
 
 Cities, population op. Appendix 
 
 Citizenship, 32 
 
 City attorney, 87 
 
 City council, 85 
 
 City counsellor, 87 
 
 City elections, 89 
 
 City government, 80-89 
 
 City marshal, 87 
 
 City officers, 87 
 
 Classification of cities, SI 
 
 Clerk, city, 87 
 
 Clerk, county, 68 
 
 Clerk, district covirt, 64 
 
 s except where otherwise indicated.) 
 
 Clerk, township, 71 
 
 Collection of taxes, 95 
 
 Commissioner of elections, 89 note 
 
 Compulsory education, 79 
 
 Congressman-at-large, 100 note 
 
 Constable, 76 
 
 Constitution of Kansas, pp. 79-100 
 
 Conventions, 100 
 
 Coroner, 67 
 
 Corrupt practices act, 107 
 
 Counties, population of. Appendix 
 
 County, 65-68 
 
 County attorney, 62 
 
 County board of examiners, 63 
 
 County clerk, 58 
 
 County commissioners, 57 
 
 County high schools, 63 
 
 County superintendent of schools, 63 
 
 County surveyor, 66 
 
 County treasurer, 69 
 
 Courts, 49-53, 65, 75, 88 
 
 Crawford County system, 99 
 
 District courts, 52 
 District court, clerk, 64 
 District, school, 77-79 
 
 Education, boaed of, 43, 88 
 Education, compulsory, 79 
 Election districts, 105 
 Election officers, 105 
 Elections, commissioner of, 89 note 
 (109) 
 
110 
 
 INDBX. 
 
 Elections, State, 103-109 
 Electors, 32 
 Equalization, 93 
 Executive council, 43 
 Executive department, 35 
 
 Fees, 96 
 
 Geneeai, peopeety tax, 91 
 Governor, 36 
 
 Governors of Kansas, Appendix 
 Grand jury, 68 
 
 House op eepeesentatites, 47 
 
 Judicial depaetment, 49-53 
 Juries, grand and petit, 68 
 Jury,,justices', 75 
 Justices of the peace, 75, 86 
 
 Kansas, coNSTiTniioN of, pp. 79-100 
 Kansas, history of. Chap. I 
 
 Laws, how made, 48 
 Legislntive department, 45-48 
 Licenses, 96 
 
 Lieutenant-governor, 37 
 Loans, 97 
 Local government, 54-79 
 
 Maeshal, 87 
 Mayor, 84 
 Militia, 36, 44 note 
 Municipal government, 80-89 
 
 National guaed, 44 note 
 Nomination papers, 102 
 Notaries public, 64 note 
 
 Paedonino powee, 36, 43 
 
 Party committees, 101 
 
 Party organization, 98-103 
 
 Penitentiary, 43 
 
 Plurality and majority voteB,-108 note 
 
 Police commissioners, 86 note 
 
 Police judge, 86 
 
 Political parties, 98 
 
 Poll taxes, 96 
 
 Primaries, 99 
 
 Probate court, 65 
 
 Regents, 43 
 Register of deeds, 61 
 Representatives, bouse of, 47 
 Revenue, 90-97 
 Road overseers, 74 
 Road tax, 74, 96 
 
 Salaeies, Appendix 
 
 School district, 77-79 
 
 School fund commissioners, 43, 97 
 
 School meeting, 78 
 
 Seal, State, p. 27 note 
 
 Secretary of state, 38 
 
 Senate, State, 46 
 
 Senator, United States, 46 note 
 
 Sheriff, 60 
 
 Sinking fund commissioners, 43 
 
 Special assessments, 96 
 
 State agent, 44 
 
 State boards, 43 
 
 State board of agriculture, 43 
 
 State board of canvassers, 43 
 
 State board of charities, 43 
 
 State board of education, 43 
 
 State board of equalization, 43 
 
 State board of pardons, 43 
 
 State board of public works, 43 
 
 State board of railroad assessors, 43 
 
 State board of railroad commissioners, 
 
 43 
 State officers, 34-44 
 
INDEX. 
 
 Ill 
 
 State printer, 44 
 
 Sufirage, 32 
 
 Supreme court, 50 
 
 Superintendent of public instruetion, 
 
 42 
 Surveyor, county, 66 
 
 Taxation, 90-97 
 Township, 69-76 
 Township boards, 73 
 Township clerk, 71 
 Township treasurer, 72 
 Township trustee, 70 
 
 Treasurer, city, 87 
 Treasurer, county, 59 
 Treasurer, State, 40 
 Treasurer, township, 72 
 Trial by jury, 68 
 Trustee, township, 70 
 
 Univbesity, state, 43 
 
 Veto, 36, 48 
 
 Voting, method of, 106 
 
 "Wards, 82 
 
 THE END. 
 
Model Text-Books 
 
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 ^t\uh, '^akmm, and ^''^^fl*** 
 
 We invite the attention of Teachers and School 
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