LIBRARY OF CONGRESS. UNITED STATES OP AMERICA. HISTORY AND aOYEBNMEN^T OF KANSAS. =^ . 'COf^f., AUG 22 1894! E. H. BUTLEE & c6. PHILADELPHIA: T^-^X^ ^'^^ "JZ. V A\ ^ -k COPYRIGHT, 1894, BY E. H. BUTLER & CO. HISTORY AND GOVERNMENT OF KANSAS. L A HISTORT OF KANSAS That the Fathers, Who could only Suffer and Hope, May Not be Forgotten By the Children, Whose is the Glad Fruition — a most Sacred Trust - These Pages have been Prepared. Copyright, 1884, by Cowperthwait & Ca A HISTORY OF KANSAS. THE STATE, 1, Location, — Take a map of the United States, care- fully cut away the margins of the sheet, and then fold the edges together, side to side and top to bottom : on opening it, the creases will be found to cross each other near Fort Riley, one of the Western military posts of our country. This is about sixty miles almost directly west of Topeka, the capital of Kansas. This State, there- fore, is at the geographical centre of the Union. Occupy- ing a portion of what is known as the Missouri Basin, its marvelous fertility will always find a market in the more rugged, often even sterile, territories lying on the eastern and southern slopes of the Rocky Mountains. Its location makes it the grand avenue of trade with the Southwest and with Mexico. To it, and to its sister State, Nebraska, the great mining interests of Colorado, New Mexico, and Arizona, must always be tributary. 2, Area, — The State is about four hundred miles long and two hundred miles wide, having a land surface of eighty-one thousand seven hundred square miles, or fifty- two million two hundred and eighty-eight thousand acres; that is, it is larger than Maine and Ohio combined, or than all the New England States together, Avith Delaware and Maryland. The Island of Great Britain (England, Scotland, and Wales) is but one-tenth larger than Kansas ; and there is sufficient territory within the limits of the State to make an allotment of over one and a quarter A History of Kansas. acres to eaeli man, woman, and clilld in the British Isles, or in Germany, France, Austria-Hnngary or Ital}'. Of this great territory the improved lands inclnde more than twenty-two million acres, or less than one-half of the State, — an area greater than that of New Ham})- shire, Vermont, Massachusetts, Rhode Island, and Con- necticut combined. 3, CUniate, — The climate is temperate. Breaking the sod, pulverizing the soil, and planting trees have extended tlie area of the influence of rain, and moisture is retained and utilized more and more each year. The heat of sum- mer, though sometimes intense, is greatly modified by the dryness of the atmosphere and by the almost constant prairie breezes. Autumn is proverbially pleasant; frosts are long delayed ; all crops have ample time to mature ; and Indian summer often extends till Christmas. January and February are the winter months, and spring opens early and suddenly. Throughout the year, Avhat is known as the Gulf breeze is as mild and balmy as the air of the tropics. 4, Hivers. — Few prairie States are so Avell watered. Rivers and creeks cross almost every township. They move slowly, draining the bluffs and hill-sides and en- riching the luxuriant bottom-lands. Forming part of the eastern boundary line is the Missouri, navigable for nearly three thousand miles. The Kansas, or Kaw, which enters the Missouri at Kansas City, runs about one hundred and fifty miles through the State, and is the result of the union of the Republican and Smoky Hill Rivers — the former being about four hundred miles in length and draining southern Nebraska. Just south of the Kaw is the AVakarusa, which flows some fifty miles through a rich valley. The Big Blue and the Manhattan have each a course of some hundred and twenty-five miles; which is true of the Marais des Cygnes (3Iard cUseen) — The State. wliich, in Miss<:)iirl, becomes tlie Osage. The Neoslio flows southward nearly two hundred miles, passing into the Indian Territory, and having been joined, near Em- poria, l)y tlie Cottonwood, with a course of its own of about a hundred miles. The great Arkansas River has five hundred miles of its length in the southern part of the State. These, A\ith innumerable other and minor streams, form a net- work of watercourses rarely surpassed. 5. Surface, — The surface is that of rolling prairie. There are no mountains, and but few even respectable hills. The generally recognized divisions are bottom- lands, immediately adjoining the banks of streams; second bottoms, or those which have been the courses of the same streams in earlier days; and the high prairies, which are generally separated from the second bottoms by bluffs varying from fifty to three hundred feet in height. From the south-east corner to the north-west, the State rises about two thousand feet. 0, Soil and Products, — The soil in the eastern half of the State is a strong loam. Westward, this grows lighter, but is valuable for grazing, and promises good crops Avith irrigation. The bottoms and second bottoms are peculiarly rich; while the high prairie, though strong, is not so deep, and is more easily affected by drought. Almost all grains can be raised with profit, wheat and corn being the staples. Fruit is in abundance, and the varieties are increasing. Coal is the chief mineral, under- lying some seventeen thousand square miles. Limestone and sandstone abound, and furnish good building mate- rial. The western portion of the State is of peculiar interest to scientists because of large deposits of fossils. It is claimed that there is salt enough to supply the needs of the State. Grain-farming and stock-raising are the leading industries. About forty-four million dollars are A Histoi^y of Kansas. invested iu manufactures, the value of the products being upwards of one hundred and ten million dollars. 7. Cities, — The cities whose populations exceeded five tliousand, by the census of 1890, were Kansas City, Topeka, Wichita, Leavenworth, Atchison, Fort Scott, Lawrence, Hutchinson, Arkansas City, Emporia, Parsons, Pittsburg, Ottawa, Salina, Newton, and Winfield. Of cities between one thousand and five thousand each the State has not less than eighty. S, Trmisportatioti. — The roads of the State are un- usually firm and smooth. Bridges are rapidly taking the place of fords, and the ordinary means of communication are equal to those of much older and wealthier States. The State has its full share of railroads. The Atchison, Topeka and Santa Fe; Chicago, Rock Island and Pacific; Missouri Pacific ; and Kansas Division of the Union Pacific railroads traverse the entire State from east to west. The other railroads are the Burlington and IVIis- souri River ; Hutchinson and Southern ; Kansas City, Fort Scott and Memphis ; Kansas City, Wyandotte and North- western ; Missouri, Kansas and Texas ; St. Louis and San Francisco ; and Wichita and Western. 9, Populafioii, — In spite of six years of territorial strife, and four years of suffering during the civil war, Kansas has so well recommended itself to those seeking new homes in the West that it already has a population of nearly one and a half millions, comprising the better class of emigrants from every civilized land, and very large numbers from the Eastern and Middle States. 10. Conclusioti. — The history of such a State may well be carefully studied under any circumstances. But there are many reasons why the history of Kansas equals in interest that of any of the thirteen original Colonies. Rifie of the Slave-Power, They fought the battle of universal liberty, but when they liacl conquered they excluded from the beneficent results thousands of human beings because of a darker skin. On the soil of Kansas was begun the conflict which did not end until the old bell of liberty could ring out to all the land, ^' Proclaim liberty to all the inhabitants thereof." THE RISE OF THE SLAVE-POWER. 11, Prelude, — To apj^reciate the struggle which made Kansas famous, one must know something of the rise of the slave-power. The many minor incidents which fanned the sparks of dissatisfaction into a flame cannot be given. But the more important history must be related, though briefly. 12, Ititroductlofi of Slaves, — The oldest city in the United States is St. Augustine, Florida. It was founded by the Spaniards, under Melendez, in the summer of 1565 ; and the rude houses and the fortifications were built by negro slaves. Then and there was African slave- labor introduced on our soil. Later, in 1619, a Dutch man-of-war brought to Jamestown, Virginia, twenty negroes, wlio were sold to the planters. Importation was not very rapid, for at the end of thirty years there was in this colony but one negro to fifty whites. After that it steadily increased, and at the time of the Revolution slavery was a recognized fact in all the colonies. The total number enslaved was about half a million, of whom some thirty-two thousand were in colonies north of Maryland. 8 A History of Kamcis. 13. CJiantfvs hi Feelhirj. — Just before the Ivevolution, both the northern and the southern colonies began to witli- draw from slaveholding. In the ''Articles of Associa- tion," adopted by the Congress of 1774, and very gen- erally ratified by the people, it was declared that after December of that year no more slaves should be imported. The prohibition was repeated, without opposition, in April, 1776. But when Jefferson placed in the Decla- ration of Independence a clause com})laining of George III. because he had forbidden the attempts " to prohibit or restrain this execrable commerce," it Avas struck out, — mainly at the request of delegates from Georgia and South Carolina. This was the turning-point; and from that time the desire to perpetuate slavery grew steadily, though at first slowly. 14, Slavery and the Constitution, — The question was not before the people during the Revolutionary War, as they were then struggling for mere existence. After the war came a period of great financial distress, ending in a rebellion in Massachusetts known as " Shays'," from the name of the leader. Then it became necessary to " establish a more perfect union," and the Constitution was " wrung from the grinding necessities of a reluctant people." So far as it differed from the old Articles of Confederation, it was a series of compromises. By one of these slavery was recognized, though the word does not appear. Although the South doubted whether slaves were human beings, and stoutly asserted their right to hold them as property, they were allowed to count them as persons (three-fifths entering the enumeration on which tlie re})resentation was based). This virtually made a Soutlierner who owned five hundred slaves the political equal of three hundred and one free white citizens of the North. Moreover, the Constitution provided (Art. IV., Sec. 2, P. 3) for the re- The Rise of the Slave- Power. 9 turn of slaves who miglit fly from one State to another. It is true that here, as elsewhere, the word " slave " does not occur ; but the omission was only a very pitiable trick by which men lied to themselves and to the world about facts that could not be lied away. 15. The First FiiffiUveSlave Lmv, — In 1793, Con- gress passed a fugitive-slave law. This was, perhaps, the first explicit national recognition of slavery. By this act it was possible for any one claiming to be the owner, or the agent of an owner, to arrest any negro any- where, claim him as a slave, and bring the case for im- mediate trial before an}^ justice of the peace. The testi- mony of the pretended master or agent would be suffi- cient, if the magistrate should so decide ; and the negro must prove the fact of his freedom, when all justice re- quired that the alleged owner should prove that the man was a slave. The negro was not entitled to a jury trial ! 16. The Cotton-Gin. — In this same year Eli Whitney invented the cotton-gin. This separated the seed from the cotton. In thus preparing the crop for the market it did the work of three hundred and fifty men. This gave a great impetus to the cultivation of this plant, and increased the profit in slave-labor, and hence increased the demand for slaves. 17. Im%)ortation of Slaves Forbidden, — In January, 1806, Congress formally forbade the importation of slaves from and after January 1, 1808, the date prescribed by the Constitution. This sounds well, but it Avas really a mere paper law ; and all debates concerning the punish- ment to be inflicted for breakino- it show that there was no serious thought of enforcing it. The importation went on as before, both North and South engaging in it more and more zealously — the former rather outstripping the latter in this nefarious business. 10 A History of Kansas. 18, The CoUmizat ion Society, — This was founded at Washington, in 1816, for the purpose of colonizing the free negroes in some part of Africa. Many philanthropic men, from all sections of the country, engaged in this work. But it is not questioned now that the real pur- pose of most Southern members was to get the free blacks out of the country; their association with slaves and their influence over them being considered dangerous. Many of the radical Northern anti-slavery men saw this from the beginning, and refused to have anything to do with the society. Out of its work finally grew the Ke- public of Liberia. 19, Anti.Slavery Feeling in the North. — The desire to free the country from the plague-spot, slavery, was slowly but surely gaining ground at the North. The Quakers had taken a firm stand against the institution as earl}^ as the beginning of the preceding century. Other denominations were slower to move, but in every Northern State was an increasing number who were at least unwill- ing to extend slave territory. Many foresaw that, sooner or later, the question must result in a sharp struggle, which might involve the life of the nation. 20, The 3Iissotiri Comj^romise. — When Missouri asked to be admitted as a State, several grave questions came before Congress. Among these were : Can Congress impose conditions on the admission of a State? Can Congress prohibit slavery in the Territories ? Can free blacks be considered citizens ; and are they, as citizens of certain States, entitled to the privileges of citizens in all the other States? The first was already settled by several unquestioned precedents. The second ought to have been answered sharply in the affirmative, under the express terms of the Constitution (Art. IV., Sec. 3, P. 2). Nor should there have been any hesitation as to the llie Rise of the Slave- Poiuer. 11 third. But in the long debate and in the so-called com- promise which followed, the first and third were really avoided, and the power of Congress to forbid slavery in Territories south of 36° 80' was renounced in favor of the South. The supposed gain — that slavery should not exist north of 36° 30' — was (1) simply the expression of a right which had always been in the hands of Con- gress ; and (2) a breathing-spell gained by the slave-power within which to better prepare for a new struggle. Men who thought this " compromise " settled the status of slavery were never able to shake oft' the Missouri ques- tion. Timid men had yet to learn that " in a free coun- try nothing can be settled that is not right." 21. The Admission of Texas, — Texas was colonized by the South, though there is no good reason to believe that at the outset annexation was thouoht of. But it soon became evident that more slave States must be cre- ated, or the balance of political power in the National Senate would be lost. Moreover, Mexico abolished slavery and this threatened to hem in the South with free labor — which would be disastrous in time. Then all the slave- power went at work to secure Texas. The attitude of our country towards Mexico — the rightful owner of Texas, the courses of action pursued, and the measures adopted, were disgraceful in the extreme. At the last moment of Tyler's Administration, in March, 18-15, by a measure which was entirely unconstitutional, Texas was annexed ; becoming a State in the following December. From the outset, annexation was opposed by all anti- slavery men ; and the final success of the South hastened the com in o- strife. o 22, The Wilmot Proviso, — In 18-16, David Wilmot, of Pennsylvania, oft'ered a bill in Congress to exclude slavery from any newly -acquired territory. This re- 12 A History of Kansas. ferred to the territory which the United States then hoped to purchase from Mexico, thus closing the Mexican War. The measure became historical as the Wilmot Proviso. The South plainly said that if the proviso should pass, the time had come to have recourse to the sword. Slavery recognized that as the world advanced its own position became more and more untenable — except by force. 23, The Compromise of 1850. — Early in Taylor's Administration the Missouri State Legislature declared that the Missouri Compromise had ceased to have any bind- ing force. Other slave States repeated the cry. California adopted a Free-state Constitution and asked for admission, Feb. 13, 1850. Previous to this, Henry Clay, in the United States Senate, offered a compromise of all diffi- culties, consisting of eight points : the most important being, the admission of California, at its own request; the organization of territories acquired from Mexico with- out the Wilmot Proviso ; the retention of slavery, but the abolition of the slave-trade in the District of Colum- bia ; a more stringent fugitive-slave law. The debates over these points, at first united in what was called ''the Omnibus bill," was marked by great bitterness ; and the word " disunion " was frequently heard. In August and September, however, all were passed. Clay himself said that the chief merit of his measure was that it ig- nored the admitted opposition of principles. In this feeble way was it sought to stay the irrepressible conflict between freedom and slavery. The anti-slavery party was stirred to renewed energy by this compromise, and the over-zealous enforcement of the new fugitive- slave law was like oil to flames. 24. Early Occupation of Kansas. — In 1834 Congress declared that all the country west of the Mississippi Eiver, The Rise of the Slave- Poioer. 13 and not in Louisiana, Arkansas, or Missouri, should be called the Indian country. A large part of this, including what is now Kansas, was placed under the jurisdiction of Missouri. Part of it, on the east bank of the Missouri Kiver, from the mouth of the Kaw to the north line of the State, was a portion of the State of Missouri, in de- liance of the terms of the Missouri Compromise. In 1827 a military post was established at what is now Fort Leavenworth. Somewhat later, Eev. Joseph Meeker es- tablished near the present site of Ottawa a Baptist Mis- sion to the Indians, and in 1834 brought the first printing- press into the Territory. In 1835 Col. Henry Dodge, while on a return trip from the Eocky Mountains, estab- lished Fort Dodge on the Arkansas River, near the present site of Dodge City. In 1812 a military post was estab- lished at Fort Scott, Five years later the Catholics founded the Osage Mission, in what is now Neosho County. In 1819 the great rush to California, on the discovery of gold, carried thousands across the State; and the "Great American desert " was discovered to be a veritable land of promise. 25, The Crisis. — It soon became evident that the South intended to secure this territory, if possible. The Free-state men were determined to avert this. Neither party wished to strike the first blow. But in 1852 Wil- lard Hall, a Congressman from Missouri, offered a bill to organize the Territory of the Platte, including Kansas and Nebraska. It was laid on the table ; and, before its consideration was readied, Solomon A. Richardson, of Illinois, in February, 1853, offered a bill to organize the same territory as the Territory of Nebraska. Neither of these specifically proposed a slave State. The latter passed the House. Stephen A. Douglas, Senator from Illinois, reported it in the Senate without amendment. 14 A History of Kansas. It was laid on the table. In December of tlie same year, Augustus C. Dodge, of Iowa, offered a bill in the Senate to organize the Territory of Nebraska ; which Douglas amended, in Januai'j. Before it could be considered, Douglas reported a bill of his own as a substitute. This provided for two Territories, Kansas and Nebraska; and expressly provided that as to Kansas the Missouri Com- promise was suspended, and declared null and void. After a long and bitter discussion the bill passed, in March, 185-i. The struggle had begun. THE TERRITORY. Events of 1854. 26, Squatter Sovereignty, — The Douglas bill had pro- claimed what was known as "Squatter Sovereignty;" that is, the people of the Territory were to decide by their votes whether or not slavery should exist within its limits. The act under which the Territory was created contained the same provision. The question then became, of course, which class of people should constitute the majority in Kansas — the Free-state men or the Pro-slavery party. Therefore both parties put forth most strenuous efforts to secure emicrration to this new domain. o 27, ropulatiou. — The Territory was occupied, when organized, by about fourteen hundred whites. Of these some seven hundred were soldiers and those attached to the army in various capacities ; and the remainder were scattered here and there at the Missions and Trading Posts. Of the latter the most important were those at Elm Grove, at Council Grove, and at Delaware Post- Office — about ten miles from the mouth of the Kaw. The Mission Posts were quite numerous ; the most well- The Territory. 15 known being Shawnee, some three miles from Westport, Mo.; St. Mary's, in Mission Township; and Osage. 2S, rro-Slavenj rreparations, — There is abundant evidence that for some time previous to the introduction of tlie Doughas bill, the Pro-slavery party was making pre[)arations to occupy Kansas. Slaves had been carried into the country by some of the missionaries, and were even given as presents to a lew Indian chiefs. I^ was hoped in this way to make slavery an accomplished fact from the very outset. Secret treaties had been made with some Indian tribes, that there might be no hindrance to immediate occupation and pre-emption. In all this, Mis- souri was peculiarly interested. Slave property would become insecure should Kansas be made a free State. It would not do to have only an imaginary line between two such opposite civilizations. Clubs were formed all along the border for the purpose of securing the Territory and keeping out the " Abolitionists." In June, Missourians formed, near Fort Leavenworth, the Squat- ters' Claim Association. This passed many resolutions, the most noticeable beinsf that " we recoo;nize the institu- tion of slavery as already existing in this Territory, and advise slaveholders to introduce their property as early as possible ; " and " we will afford no protection to an Abolitionist as a settler." Throughout the South large meetings were held, and men and means were pushed on as rapidly as i)ossible. 29, Free-State Pveparationfi, — The open violation of the Missouri Compromise sent men over to the ranks of the Abolitionists bv thousands. Massachusetts chartered an Emigrant Aid Society, the most prominent members of which were Eli Thayer, Henry Wilson, and Anson Burlingaine. The object was to assist emigration, hy giving correct information; by securing guides and 16 A History of Kansas. special rates by certain routes of travel ; and by estab- lishing stores, hotels, saw-mills, and other necessary ad- juncts of civilization. County branch leagues were created by which to call attention to this movement. This New England Society was sometimes called " a plan for freedom." Somewhat later, under a new charter, Amos A. Lawrence and Edward Everett Hale came into the company. A Union Emigrant Aid Company was also formed at Washington ; and Kansas Leagues were established at Cincinnati and in other Western towns. The purposes of these companies seem to have been legitimate, and fairly carried out. 30, Town Companies, — These organizations became well known and popular in the new Territory. Sites thought to be desirable were pre-empted or purchased, and then laid out into towns. Ownership of these was indicated by shares, which were paid in town lots, de- termined by a "drawing." The first was the Leaven- worth Town Company, and was organized at Weston, Mo., in June. 31, First Free.State Emigrants. — The first Free-state party, thirty in number, left Boston on the seventeenth of July, under the leadership of Charles H. Branscombe. They reached what is now Lawrence about the first of August, and put up their tents on the side of Mount Oread ; so named from Mount Oread School, Worcester, Mass. Two weeks later the second party arrived ; hav- ing with them Dr. Charles Robinson, afterwards Governor, and Samuel C. Pomeroy, afterwards United States Senator. In October came a third party under Branscombe; and the collection of tents and of log and board huts, hitherto called Wakarusa (though some dated their letters from "New Boston," while the Pro-slavery men spoke con- temptuously of "Yankee settlement"), was given the Events of 1854. 17 name of Lawrence, in honor of Amos A. Lawrence, of the Aid CompauN^ 32. The First Church, — The first denominational organization in the Territory, outside the Missions, was the Congregational Church at Lawrence, under the care of Rev. S. Y. Lum ; dating from October Idth, with only seven names attached to the original articles. 33. The First J^Teivspnjters. — The first newspaper issued in the Territorj^ was the Leavenworth Herald^ printed under an elm tree, on the site of the present city, and sent out to represent the Pro-slavery cause. This Avas on September loth. One month Liter came the first number of the Kansas Tribune^ of Lawrence, pubUshed by John Speer ; and of the Herald of Freedom^ published at the same pLace, by George W. Brown. The first issues of both papers were outside of Kansas ; the Trilnme be- ing printed in Ohio, and the Herald of Freedom in Penn- sylvania. Both were staunch Free-state papers. In No- vember the Kansas Pioneer made its appearance. It was printed at Kickapoo, of which place there was almost nothing but the name. These four papers relied for their circulation and support on the interest felt in other com- munities, their subscribers being largely in Eastern and Southern States, 34. The First Election, — The first election held in the Territory was in November, for delegate to Congress. J. W. Whitfield was the candidate for the Pro-slavery party; J. A. AVakefield and R. P. Flenniken represented the Free-state men. Men rode over the Missouri border by hundreds, voted for Whitfield, and rode home. There were many threats, but no actual violence occurred. The Free-state men were outnumbered more than four to one. The Pro-slavery candidate was declared elected, and took his seat in Cona'ress. 18 A History of Kansas. 35. Tojyeka Founded. — In December, sorae twenty- five people, Free-state men, selected the site of Topeka and founded the town ; the most well-known names in this connection being those of C. K. Holliday and F. W. Giles. Early in the next spring it received large additional numbers, and from the outset asserted its claims to be chosen as the capital. 86. Work of the Year* — The year closed showing Lawrence and Leavenworth as villages of some four liundred people each; Topeka just organized; and Kickapoo little more than a paper town. Of actual, legal settlers, the Free-state party had the greater num- ber. The towns on the Missouri River refused to })a- tronize steamers that carried Free-state men or supplies for them. It was hoped in this way to check emigration, and to starve out those who had ventured within the Territory. Events of 1855. 37. Prelude. — The first three months of this year gave little promise of the exciting scenes which followed. Everybody knew that neither party would relinquish con- trol of the Territory without further struggle. Just what course the conflict would take could not be clearl}^ foreseen, and it was left to shape itself The Pro-slavery men were united in their purpose to use all means, good or bad, to devote the Territory (and the future State) to slavery. The Free-state men were divided into three quite distinct parties: those who determined to act on the defensive only ; those who still looked to the general government for protection in a full and fair expression of opinion at the ]iolls ; and those who wished to strike a blow, and the sooner the better. The first two were about equally Events of 1855. 19 divided as to numbers ; the conservatives regaixling Dr. Kobinson as their leader, the administration men looking to James S. Emery. The radicals were decidedly in the minority. The first post-office in the Territory was established at Lawrence, in February. In this month, also, was taken the first census — showing a population of 8,500, with some 2,900 qualified voters. 38, The March Election, — The election for the Terri- torial Legislature was held on March 30th. The Gov- ernor's proclamation called for thirteen members of the Council, and twenty-six members of the House. For some time previous, the Missourians, under the leader- ship of David R. Atchison, who had been for twelve years a United States Senator, had been planning to con- trol the law-making. On the day before the election, about a thousand men marched across the line to Frank- lin, three miles from Lawrence, and went into camp. They came in wagons and on horseback and on foot ; were armed with rifles, muskets, shot-guns, revolvers, and bowie-knives ; and carried with them a small cannon, and a large amount of whiskey. Their coming had been anticipated, and supplies had been secretly stored for them at the house where the voting was to take place. On election day they entered Lawrence, made the morn- ing hideous with their drunken brawling, captured the polls, cast more than eight hundred illegal votes, and then separated into small bands, which were marched off to secure other doubtful districts. The Free-state men were entirely overpowered, no resistance was offered, and so there was no real violence — though, of course, there Avere many threats and some collisions. Similar scenes were enacted at all the river towns ; the Missourians crossing the line, voting, and returning home 20 A History of Kansas. the .same niglit. The election returns showed more than twice as many votes cast as the census — completed but a month earlier — had shown voters. 39. The Result. — The Pro-slavery newspapers were loud in their expressions of triumph, and called on the South to fill up the Territory with slaves at once. A Vigilance Committee was formed at Leavenworth, with the avowed purpose of driving out of the Territory all who, " by the expression of abolition sentiments, produce disturbance to the quiet of citizens, or danger to their domestic institutions." The Free-state men were driven into closer union. Formal protests were filed against tlie returns from several districts, and in six of these Gov. Reeder called a new election. No Missourians being present, in one only (Leavenworth) was a Pro-slavery man chosen. 40. The LyncMnff of Phillips. — AVilliam Phillips, a lawyer of Leavenworth, had protested against the fraud- ulent election in his district, and was one of those who filed with the Governor a formal affidavit in this matter. The Vigilance Committee notified him to leave the Terri- tory, which he refused to do. In ^lay, a party of Mis- sourians seized him, carried him across the river to Wes- ton, shaved his head, stripped him, tarred and feathered him, rode him on a rail for more than a mile, and then compelled a negro to sell him at auction — the price bid being one dollar. At a public meeting held afterwards in Leavenworth, all this was deliberately and warmly endorsed by a num- ber of prominent citizens, and by members of the Legis- lature; and was thus lifted above the hasty act of a few irresponsible border ruffians. This is considered the first personal outrage dictated by political motives only. Events of 1855. 21 4:1. Meetinffofthe Leoislature. — The Territorial Legis- lature met at Pawnee, Jnly 2d. The Free-state men who were returned from the districts in which new elections were ordered, were deprived of their seats. The Legis- lature at once determined to transfer the seat of govern- ment to Shawnee Mission, about three miles from West- port, Mo. The V carried this proposal over the Governor's veto. Because of this, Eeeder refused to lonsfer recoo-- nize the Legislature or its acts. On the 16th, the mem- bers reassembled at Shawnee, many of them spending each night on the Missouri side of the line. The two remaining Free-state members resigned, on the ground that the Legislature was an illegal body, because of the fraud and violence of the election. This left law-making entirely in the hands of the Pro-slavery men. Most of these were residents of Missouri while legislating for the new Territor3^ 42. The Bogus Laws. — The laws passed at this session are known as the "Bogus Laws," from the general char- acter of the Legislature. They were little more than a transfer of the statutes of Missouri, with a few necessarv changes in names. But the laws in favor of slavery were intensified, and have been very properly designated " a code of horrors." Given the power to enforce tliem, the Legislature could have soon made everj^ Free-state man a convict in chains, working side by side with the slaves of the pro-slaverj^ citizens. Of course, this overshot the mark, and made the code a dead letter from the dav of its enactment. But nothing could better exemplify the character and temper of the men who had set their hearts on the conquest of Kansas. 43, L,ecompfon. — Early in August the caj^ital was transferred to Lecompton, then as now a small village 22 A History of Kansas. between Topeka and Lawrence, but which was for the next Jour years the center of a great struggle. It is said that the name of no city in tlie world was ever such a party cry ; and that from 1855 to 1859 " Lecompton " was spoken in as many languages as the name of London, Paris, or Berlin. 44. Pardee Butler, — -A few days before the removal, Rev. Pardee Butler, who had acted as agent for the Emi- grant Aid Society, was detained over night in Atchison, while on his way East for more settlers. He frankly stated his mission, and his opinion of the general condition of affairs in the Territorv. The next morning he was re- quested to sign some pro-slavery resolutions recently passed in Atchison. Eefusing, the letter R (" Rene- gade") was painted in black on his forehead; he was placed on a raft made of two logs lashed together ; a flag covered with sentences threatening simihTr fate to all Abolitionists, was fastened to the craft ; his bao-o-as^e and a loaf of bread were given him ; and he was set adrift on the Missouri River. He managed to get safely on shore about six miles below the city. 45. Jiif/ Sprinf/s Conveiifioit. — The events of the year thus far showed the necessity of united action on the part of the Free-state men. ''J'hough the distinctions already mentioned never entirely disappeared, the fac- tions drew nearer together, and virtually united in the Big SjuMngs Convention, on September 5th ; wdien the Eree-state party was formally organized. The ])latform resented all interference of non-residents at the polls or elsewhere ; declared against slavery, but deprecated abolitionism ; thought all negroes should be kept out of the Territorv; denounced the boi^us Legislature and its laws as " an infamous despotism ;" and called on the peo- ple of the Territory to organize and discipline volunteer Events of 1855. 23 companies, and to be prepared to resist " to a bloody issue " if peaceable means of redress failed. While the general temper of the convention was conservative, the radicals evidently held the pen. 46, Be-electlon of WhiffiehL — The second election for delegate to Congress occurred on October 2d. By common consent the Free-state men avoided the polls ; knowing that their presence there would be the signal for another invasion, and that in any event their candi- date would not receive his seat. J. W. Whitfield was therefore returned to Congress. On the ninth of October, by resolution of the Big Springs Convention, an election was held in which only the Free-state men participated ; resulting in the choice of Eeeder as Territorial delegate. He had previously been removed from the office of Governor — without doubt because he favored the Free-state cause ; and Wilson Shannon had been appointed in his stead. 47 » Topeka Constltiitioual Convention. — On the or- ganization of the Free-state party it Avas determined to call a convention, secure the adoption of a Constitution, and apply to Congress for admission as a State. Accordingly, duly elected delegates met at Topeka, October 23d. The most well-known names connected with this move- ment are : Charles Robinson, James S. Emery, James H. Lane, Mark Delahay, J. K. Goodin, C. K. Holliday, M. J. Parrott, W. Y. Roberts and J. A. Wakefield. Lane was made President of the Convention, and a Constitution was adopted which for three years was the rallying-point of nearly all the more intelligent Free-state men. It de- clared against slavery, but limited the elective franchise to white male citizens, and to civilized male Indians who had adopted the habits of the white man — a rather pecu- liar and doubtful clause. 24 A History of Kansas. 48. The Wi>. The roftaivatomie Massacre, — John Brown had opposed the treaty of Lawrence. From the first lie asserted that war must come, and the sooner the better. When it was known that Lawrence was again besieged, with six sons and a son-in-law he started for the town. On the way he was met by a messenger, telling the story of the outrage already committed. While doubtful as to the next step, hot with indignation and anger, he heard that five violent Pro-slavery men, living near what was known as Dutch Henry's Crossing, on the Pottawat- omie, had threatened their Free-state neighbors, and it was rumored were about to strike a blow. On the morning of the 25th the three Doyles, Sherman, and Events of 1S5G. 31 Wilkinson, the men referred to, were found on the prairie, not far from their homes, eovered with frightful wounds — dead. They had oeen called out late at night by a small band of men and murdered. There is no doubt now that the men who did the deed were John Brown and his followers. 60, Battle of Blade Jacl, — Capt. Pate, at the head of some Missonrians, immediately marched over to Osa- watomie to arrest the Browns, who were suspected; and failing to find the father, captured two sons, turning them over to the custody of the United States troops. From his camp, Pate then raided Palmyra and Prairie City, when John Brown and Capt. Shore, with a united force of about thirty men, drove him to cover, and on the 2d of June fought the battle of Black Jack — the first pitched battle on Kansas soil. After a conflict of three hours, Pate surrendered. 01, Bark Bays, — Brown encamped near Prairie City ; but his forces were dispersed by Col. Sumner, of the United States army, who had been ordered to disband all armed bodies on either side. Contrary to the pledges made to him, however, the Missonrians neither left the Territory nor disbanded. On the 6th of June, the regu- lars having withdrawn, they sacked Osawatomie. Can- trel, a Missourian but a Free-state man, was tried for "treason to Missouri," and, with four others, shot down by the roadside. Bands of marauders, recruited from either party, filled the highways and plundered without restraint. In all the river towns the anti-Missouri men were terrorized and frequently driven from their homes. Free-state men on the river steamers were robbed and threatened with death if they dared complete their journey. 32 A History of Kansas. As the Free-state men were deprived of nearly every opportunity for self-support, and were incurring heavy losses, their sympathizers began sending relief. Not less than $250,000 was put under way for the Territory during the summer and fall. At least half of this fell into the hands of the enemy while in transit. (i2. Dispersion of the Legislature, — The Topeka Legislature had adjouroed to July -ith. Secretary Woodson, who was acting as Governor, Shannon being absent, issued a proclamation forbidding them to re- assemble. Just at the hour of their meeting. Col. Sum- ner rode into Topeka, and, with the regulars drawn up in front of the building and cannon in place, entered first the House and then the Senate, ordering each to disperse. He performed the unpleasant duty cour- teously, and with many expressions of regret, wdiich added much to the respect he had won from the Free- state party. In all this strife, as far as a soldier under orders could express himself in word or deed, he was their friend. OS, Battle of FranJdhi, — Soon after the battle of Black Jack, a party of young men from Lawrence made a night attack on Franklin — alwaj^s head-quarters for the Missouriaus — but with small results. On August 11th, Major Hoyt, under a flag of truce, Avent to the border- ruffian camp on Washington Creek, to secure, if possible, a mutual agreement to disband, but was waylaid and murdered. It was at once determined to " break up the Pro-slavery nests." In the attack on Franklin which followed, the villagers occupied a block-house, and defended it vigorously. After sharp firing for three hours, a wagon load of burning hay was backed against the building, when the enemy fled, losing all their arms and ammunition. They escaped to the camp on the creek. Events of 1856. 33 whence tlie united forces withdrew on the approach of Gen. Lane and Coh Grover. A hirge quantity of spoil previously taken from the Free-state men was found on the deserted ground and restored to the rightful owners. (>4:, nefeat of Col. Titus, — There was now but one Pro-slavery stronghold south of the Kansas River, and that was the fortified house of Col. Titus, near Lecompton. A few days after the battle of Franklin, Capt. Samuel Walker, a most daring and successful leader, attacked the place, and in half an hour compelled a surrender, secur- ing twenty prisoners, and burning the building. There were killed and wounded on both sides, but Titus plead for his life and was spared. 65, Shannon Uemoved, — Right on the heels of the news from Lecompton, word came that Gov. Shannon had been removed. This placed Woodson again in the saddle. He at once issued a proclamation declaring the Territory in a state of insurrection, and called on the " militia " to rally. This meant, of course, that the Pro- slavery men were to have the full support of the Admin- istration; hope revived, and the guerilla bands were reorganized, reinforced, and marched at once towards Osawatomie. Hundreds of Free-state men believed their cause lost, and fled from the Territory. 06, Destruction of Osaivutoniie, — The Pro-slavery force that had gathered were at once attacked and driven back. But three days later they returned, four hundred strong, well armed and with cannon. Two young men, one a son of John Brown, Avere shot in the fields, and the force swept on to the village. There were but forty men ready for its defense, com- manded by John Brown. After an obstinate fight they were obliged to abandon the village to the enemy, who 84 A History of Kansas. plundered every building and then burned the town. Only four cottages remained. This was on the 29th of August. 6*7. Murder of Phillips, — On September 1st, the city election of Leavenworth was held. The city liad now a population of some two thousand, many of whom were Free-state men. The " Eegulators," under Ca])t. Emory, a United States mail contractor, so terrorized the town that not a Free-state vote was cast. Under pretense of searching for arms, the band approached the house of Philhps, who had previously been tarred nnd feathered. He repelled his assailants, killing two of their number, and was riddled with balls, dying instantlj^. One hundred and fifty Free-state citizens were forced on board a river steamer, and driven from the town — with no provision for their journey eastward, and leaving their property and homes in the hands of the mob. 68, Arrival of Gov, Geary, — The character and ex- perience of the third Governor of the Territory gave promise of better daj^s. He had been a soldier, and as a civilian had seen hard service in the days of the vigilance committees in California. He came to Kansas determined to secure fair play, and to hold the reins of goverrmient in his own hands. On his way he held an interview with the Governor of Missouri, which resulted in an immediate withdrawal of the pirates, and in opening the river for travel. His picture of the Territory on his arrival is worth repeating. " Roads filled with armed robbers, and murders for mere plunder of daily occurrence. Desolation and ruin on every hand ; homes and firesides deserted; the smoke of burning dwellings darkening the air; women and children, driven from their habitations, wandering over the })rairie and among the woodlands, or seeking refuge and protection even among the Indians." Events of 1S5G. 35 69, Battle of Hickory Point. — The new Governor at once ordered the territorial " militia " to disarm and dis- band, and all armed Missourians to leave the Territory forthwith. This proclamation was practically unheeded. Two days after it was issued, Capt. Harvey, with a force from Lawrence, made an attack on the Pro-slavery men who liad been raiding the country around Hickory Point, about five miles east of Ozawkie, in Jeft'erson County. Although strongly fortified in three liouses, a battle of six hours com])elled surrender. Harvev's men were arrested and indicted for murder; but the few who had not " escaped " by spring, were pardoned by the Governor. 70. Laivrence Threntencd. — The ruffians who had ralHed under Woodson's call were now in the ne^orh. borhood of Lawrence, more than two thousand strong, threatening to visit on the town the fate of Osawatomie. Within the fortifications were some four hundred men, well armed and under the command of John Brown — Lane having gone northward to aid and guide the emigrants coming in by the way of Iowa. Gov. Geary rode to Law- rence, learned the true state of affairs, commended their ])luck and told them to stand to their arms, rode out to the Missouri camp, met the advance-guard already on the march, faced them about, and by the mere force and de- termination of his character broke up the entire force and saw them well on their homeward march. This was really the last invasion of the Territory in the North — though the conflict had by no means ceased. 71» Conclnsion, — The year brought the Free-state cause to the lowest possible ebb ; but with the appoint- ment of Geary, the tide turned. The Free-state men were encouraged, and were disposed to place confidence in the new Territorial Administration — and therefore 36 A History of Kansas. very general! Y ina(]e a desperate eftbrt to repair the loss- es of the year, ami to make ready for winter. The Missourians hesitated as to what was the best policy to pursue under all the circumstances. The Pro-slavery men who were actual settlers knew that unless aid came from without they were powerless. Three months of com- parative quiet was the result. The War in the South. 72. Prelude, — Lawrence, as a Free-state town, sur- rounded by Pro-slavery neighborhoods and settlements, had, naturally, been the center of strife in the northern part of the Territory. Fort Scott, if not a Pro-slavery town, at least the point from which went out most of the opposition and irritation constantly experienced by the Free-state settlers in that portion of the Territory, became the center of the struggle in the south. In 1842, the site of the present city was occupied as a military post; and it was not till 1855 that the Gov- ernment withdrew its claim. A number of settlers were already on the public lands, but most of the adja- cent country was then in the hands of Indians, and the town company was unable to organize till June, 1857 ; though a large number of claims were taken subject to the removal of the tribes. Once fairl}^ under way, the town grew rapidly, and except during the Civil War has known almost unbroken prosperity. 7'i* Cause of the Trouble. — In the spring of 1856 a ])arty of South Carolinians entered the county. These mingled freely with the settlers, who stated without re- serve their political opinions, and gave much:needed in- formation as to their means of defence. In this way a list of Free-state men was prepared ; one by one they The W(ir in the South. 37 were "arrested" and taken to Fort Scott, and by fraud or threatened violence were induced to leave the county. At the opening of winter the Pro- slavery men were occupying the deserted claims. 74. The Return, — During the next 3^ear, after the Free-state men gained control of the Legislature, the original settlers began to return. Their numbers were largely increased by new-comers who wished to settle in that county, and by others who were anxious to assist in restoring those who had been driven out ; and thev thought they were able to maintain their rights. The Pro-slavery men were notified that they must abandon the claims ; and most of them acquiesced, believing resist- ance useless. Those who refused prepared to defend themselves ; and the efibrts of the returning settlers to dispossess them by force led to frequent collisions. 75. The Squatters* Court. — The District Court was disposed to stand by the Pro-slavery men, and in many instances rightfully. But the disaflfoction of the opposi- tion was so great that they finally organized a Court of their own, known as the " Squatters' Court." Although without legal existence, its proceedings were marked by both dignity and justice. In December of 1857, the deputy marshal, with a posse of some fifty men, undertook to capture the Court, but was repulsed. On the following day he returned with about a hundred and fifty men; but the Court had adjourned. On the next Sunday, after a meeting on the old ground to celebrate their victor}^, the Court dis- banded. 70. James Montffoineri/. — No name is more promi- nent in connection with these Southern troubles than that of James Montgomery. lie came into the Territory in 185-1, taking a claim near Mound City, in Linn County, 38 A History of Kansas. wlicre he resided till his death, in 1871. He was both a teacher and preacher before his Kansas life began, and in the entire struggle was a recognized leader. He had a retentive memory, and was a pleasant speaker. He was prompt and decisive, cool and brave, a praying lighter, and therefore a dangerous enemy. 77. Troubles in Linn Count tj, — During the years of the claim troubles just narrated, Linn County had expe- rienced similar disturbances. The first Missourian raid was made in the fall of 1856. The ruffians burned sev- eral houses near Sugar Mound, robbed others, and re- crossed the line with considerable plunder. Montgomery at once determined on reprisal. With but seven follow- ers he entered Missouri, destroyed the arms of twenty Pro-slavery men, who had been made prisoners, and re- turned with $250 in money and eleven good horses. The greater part of the Sugar Mound men were not prepared to sustain sucli vigorous action, and Montgomery became practically an outlaw, though the number who worked with him constantly increased. At this day it is difficult to determine whether his general course provoked or prevented attacks by the men of the border. 7S, The Osaf/es. — Montgomery and bis followers soon came to be known as the " Osages," because of their operations along the line of the Little Osage Kiver ; and assuchwereaterror to all Pro-slavery men in both coun- ties. From time to time Free-state men who were involved in trouble asked their aid, and it was always granted. Finally, United States troops were quartered at Fort Scott to maintain the peace. Montgomery asserted that they were there to protect Pro-slavery men in their unlawful dei)redations, and the Osages began marauding expedi- tions. These resulted in breaking up some three hundred The War in the South. 39 families, who fled to the town for safety — many of them leaving the county forever. In April of 1858, a company of United States cavalry attempted to capture Montgomery. For the first and only time in the history of the Territory, the National troops were resisted. One soldier and tlie Captain's horse were killed, and the Osages escaped, 79, Marais des Ct/gues Massacre. — Among the raids and counter-raids of this year, that which resulted in the massacre of ^larais des Cygnes (Swans' Marsh) is the most noted. This occurred in May, and was under the leadership of Capt. Chas. A. Hamilton — one of a ftimily driven out of Fort Scott but a short time before. He had secured a list of some seventy Free-state men, who had been pro- scribed — that is, they were to be killed at sight. With, a force of some thirty men he unexpectedly crossed to Trading Post, in Linn County ; captured eleven men, then engaged in peaceful avocations ; drew them up in line, and shot them down without mercy or delay. Five men were killed outright; five were wounded, bat recovered; one was unharmed, and escaped by feigning death. Montgomery was at once informed of what had hap- pened, and soon after was famished a list of those who had been proscribed. The latter were guarded so care- fully, and Hamilton was watched so keenly — for the Osao-es were determined to kill him — that no further o outrages were possible. Five years afterwards, Griffith, one of Hamilton's men, was captured, tried, and convicted in the District Court of the new State, sentenced, and lianged. One of the wounded men was chosen as the executioner. This was the only one of those murderers who was brought to justice. 80. The Last Border Feuds in the South, — The mas- 40 A History of Kansas. sacre, and the subsequent action of Montgomery, created such excitement at Fort Scott and in tlie vicinity, that Sam. Walker, of Fort Titus fame, now deputy mar- shal, was sent to arrest the leader of the Osages. He accomplished this, and without force, though at great personal risk ; but released his prisoner on the follow- ing day, hearing tliat Pro-slavery disturbers, whom he had also arrested and turned over to the military author- ities, had been freed. This was the only time that Montgomery ever submitted to arrest. Within a week the Osages were again at Fort Scott, attempted to burn the Western Hotels — Pro-slavery head- quarters — and fired into the town from the south- west. Gov. Gear3^ like his predecessors, fearing assassin- ation by the Pro-slavery men, liad left the Territory and resigned ; and Gov. Walker had been removed, undoubt- edly, because of his fairness. On hearing of this dis- turbance, ex-Secretary Denver, now Governor, went to Fort Scott, and after a long conference concluded a truce between all parties. The terms included the dis- banding of all bodies of armed men, and the suspension of all old writs issued against members of either party. It was hoped that peace had come. It is difficult to say which party first broke the truce ; but in November Benjamin Rice was arrested for a "bygone" offence, and on the same day the Osages were at work. For a fortnight there was indiscriminate plun- dering and threats of personal violence. Another con- ference followed, but without results, Montgomery being- determined to release Rice. He according'ly attacked Fort Scott, captured the hotel in which Rice was con- fined, and set him free, and retreated in safety with property worth some §6000. One man, on the Pro- slavery side, was shot and killed. The War in the South. 41 Under advice of tlie Governor, a company of militia was qnickly organized and duly eqnipped. In P'ebru- ary, 1859, this force began operations against the Osages, with some promise of success ; but the General Amnesty Act passed by the Territorial Legislature closed the strug- gle, and Montgomery's men and their deeds became things of the past. 81. Conclusion. — In the last attack on Fort Scott John Brown took part, though he did not enter the town. After the Pottawatomie massacre and the events which immediately followed, he gave most of his time to raids into Missouri for the purpose of freeing slaves — in which he met with considerable success. These acts came to be regarded by even the Free-state men as simply tending to increase the border troubles, and finally a reward was offered for his capture. Few cared to undertake this task, however, and his Canadian colony of blacks grew steadily though slowly. Having left Montgomery, after the Fort Scott raid, he crossed the line, brought out fifteen slaves, and escaped with them by the Iowa route. It was the last time he saw the Territory. Within a year came the descent on Harper's Ferry, and his subsequent execution. In the following spring Montgomery and a few of his men undertook to rescue the rest of Brown's party — then in jail at Charlestown, Va. — but the deep snow prevented a successful effort. Constitution Making. 82. Prelude. — Contrary to all expectations, the sharp conflicts of 1856 were the last serious disturbances known in the disputed ground around the Territorial 42 A History of Kansas. capital, the Free-state town, and the villages of the North -eastern border. Though the fairness and firmness of Gov. Geary and of liis successor, Robt. J. AValker, ultimately drove them from their positions, they held cimtending parties in check long enough for all to begin to realize that moral forces were working out the salva- tion of tlie Territory more rapidly than could the sword. 83. Changes. — In February, 1857, the House of Eepre- sentatives declared all Acts of the Territorial Legislature to be void, on the ground that tliey were cruel and oppres- sive, and that the Legislature was not elected by the legal voters of Kansas, but was forced on them by non- residents. In May occurred the trial of Gov. Robinson and other officers under the Topeka Constitution. At the close of the first week all the charges were with- drawn. About the last of June, the Free-state men carried the city election in Leavenworth. In July, Law- rence refused to recognize a charter issued by the Lecompton Legislature, and organized an independent government — and no invasion followed ! Evidentl}- the end was at hand. Under Gov. Walker's assurance that the October elec- tion should be fair and free, and in spite of the protest of the more radical leaders, enough Free-state ballots were cast for members of the Territorial Legislature to secure control of that body by nearly a two-thirds vote. The Pro-slavery men never came into power again. At the Legislative session in 1858, the most obnoxious of the bogus laws relating to slavery were repealed. At the next session, in 1859, an Act was passed granting gen- eral amnesty for all past political offences — which was so construed as to cover nearly all offences committed thus far in the Territory — and repealing the bogus laws. A bill abolishing and prohibiting slavery was not signed by the Constitution Mahing. 43 Governor. Tlie session closed at midnight, a liuge bon- fire was built, and copies of the bogus laws were burned. Both these sessions were held in Lawrence, after adjourn- ing from Lecompton. 84, The Constitutions, — Four Constitutions were cre- ated by the people before the Territory became a State. These are, in their order, that of Topeka, of Lecompton, of Leavenworth, and of Wyandotte ; under the last of which Kansas was admitted to the Union. 85. Tlie Topeka Constitution was adopted in De- cember, 1855 ; and under it, in the following month, was completed the first State organization. As has been stated elsewhere, it prohibited slavery, but limited suffrage to white males and to civilized Indians who bad adopted the habits of the wdiite man. The radical Free-state men, under the lead of Gov. Eobinsou, clung to this organization. When it became evident, after the election of 1857, that their principles could be advocated with but little doubt of success through the Lecompton, or Administration, Legislature, and that this gave them a definite legal status, their ranks steadily grew weaker ; till in May, 1859, a second Big- Springs Convention showed conclusively that they had lost their hold on popular interest. The last meeting of the Legislature was in March, 1858. Not enough mem- bers were present to form a quorum. 8G, The Leconvpton Constitution, — During the last session of the Territorial Legislature before the Free-state men came into power, steps were taken to secure, if possi- ble, the admission of the Territory under a Pro-slavery Constitution. The Convention met in September, 1857, and was composed entirely of Pro-slaver}^ men — tlieir opponents having refused to take any part. The Consti- 44 A History of Kansas. tution asserted tliat " the right of property is before and higher than any Constitutional sanction," and " the right of the owner ... to a slave ... is the same and as inviola- ble as the right of the owner of any property whatever." SuftVage was extended to "every male citizen of the United States " — meaning to limit citizenship of the Union to whites. " Free negroes shall not be permitted to live in this State under any circumstances." The Legis- lature was to have no power to emancipate slaves with- out consent of the owners, and then only on full com- pensation. The word " freeman " was substituted for the word " person " in the usual Bill of Eights. No amend- ment to the Constitution adverse to slavery could be made. Before the day appointed for the election on this Con- stitution, it became evident that the Free-state men were in the majority in the Territory. They had already secured possession of the Territorial Legislature. But so deter- mined were they in their policy of refusing all recogni- tion of the bogus Legislature, and so much did they still fear invasion, that they veiy generally refrained from voting on this Constitution. Of course, the Pro-slavery men carried the day, and by a majority of 5500 votes. More than a third of the entire ballot was fraudulent. But the better class of Democrats now joined with the Free-state men in denouncing the Constitution ; and even the State officers elected under it signed a memorial to Congress asking it to refuse to admit the Territory under such an organization. In January, 1858, it was again submitted to the people, and buried under a majority of more than 10,000. The more radical Pro-slavery members of Congress insisted on offering it, and the result was a sharp conflict, ending with a compromise bill, offered by Wm. H. Eng- lish, of Indiana. This virtually sent the Constitution Constitution Mahing, 45 back to the people once more, with the threat that if not adopted they must wait for 93,000 population before admission. This was known as the " English Swindle," or " Lecompton Junior." It was re-submitted in August, and in a general vote was buried under nearly 10,000 majority, with no hope of a resurrection. This ended the struo-crle to make Kansas a slave State. 87* The Leavenworth Constitution. — Before all this came about, however, the Free-state men were anxiously looking for something with which to supplant it. The Topeka Constitution was, for reasons already given, a poor weapon with which to go into the fight. They must have something by which to beat back all attempts to conquer the State under the Lecompton Act. If Con- gress betrayed them, then they would put an independent organization in force, and appeal to the people. With this thought in mind a Constitutional Convention was called by the Territorial Legislature — now in the hands of the Free-state men. It met at Minneola, in March, 1858. There was much ill-feeling about the location — said to have been chosen as the site of the Capitol through the influence of certain landowners and lot-bribes; and the Convention at once adjourned to the city from which it takes its name. The work was speedily accomphshed — the Assembly adopting the To})eka' Constitution witli a few changes, but these important. Opposed to the words and interpretation of " all freemen " in the Lecompton Constitution, stood the assertion "the right of all men to control their persons exists prior to law and is inalienable." Slavery was expressly prohibited. The franchise clause was identical with that of the Lecompton Constitution, but the mean- ing was far different — the thought being that every man born on our soil is an American citizen. 46 A History of Kansas. The Constitution was adopted in May, but with the defeat of the Lecompton measure ceased to have any cause for being, and the movement was qui etly dropped. 88. The Wyandotte Constitution, — The Territory would have been a State some years earlier than the date of its final admission, but for the make-up of the United States Senate. The opposition there steadily denied its petition. But the successful oi'ganization of the National Kepublican party, and the rapid change in public senti- ment, again made success seem possible ; and on July 5th, 1859, the delegates to the AYyaudotte Convention assembled. The members of the Topeka and Leavenworth Con- ventions were largely prominent Free-state men. But at the last Convention it was noticed that nearly all the pioneers were absent. The men who were to bring the Territory into the Union at last, were very generally young men and quite as noticeably new-comers. More than two-thirds were under thirty-five years of age, more than one-third under thirty, and less than one-third over forty. One-half had been in the Territory less than two years, and very few had previously represented the peo- ple in any assembly. But there was less jealousy, less wrangling, and more work. On the 29th, the Conven- tion adjourned. Some important features of this Constitution connect it with this narrative, and deserve especial mention. Slavery was prohibited. Suffrage was restricted to white males, with the usual limit as to age. The Convention rejected a proposition to exclude free negroes from the State. It will be seen that a conservative temper pre- vailed. The Constitution of Ohio was selected as a model ; but the changes and adaptations showed much originality and strength. Review Questions. 47 89, Conclusion, — The Constitution was adopted, by a vote of 10,000 to 5,000, early in October of the same year. Two months later came the election of State offi- cers, Gov. Kobinson again heading the successful ticket. But public aftairs were destined to remain a year longer in the hands of the Territorial Legislature, Not till the shadows of civil war darkened the land, and the Senators from the South abandoned their seats at Washington to strike at the Government which had protected and cher- ished them, was the oft-repeated request granted. On January- 21st, 1861, Avith the cloud that had obscured its own horizon now covering the entire sky, and with the roar of the approaching storm distinctly heard, the long- tried Territory realized that for which men had endured privation, suffering, and death, and became A free State. Goi) SAVE THE Commonwealth! Review Questions. 1, AVhat is the geographical position of Kansas? What is its area? Describe its system of water-courses. Describe its surface. What are its principal products? Xame its leading cities. AVhy is its history of peculiar interest ? 2, When and where was slave-labor introduced into the United States? What was the feeling about slaver}' at the time of the Kevolution? How does the Constitution recognize slavery? What were the terms of the first fugitive-slave law ? What in- vention helped to strengthen slavery, and how? AV hat was the work of the Colonization Society ? What was the Missouri Com- promise? What was the imr^jose of the Wilmot Proviso ? Give the terms of the Compromise of 1850. State the early occupation of Kansas. 3, What was the doctrine called "Squatter Sovereignty" ? What two parties arose under this ctoctrine? State the preparations 48 A History of Kansas. made to control Kansas. Where, when, and by whom was the first Free-state settlement made? J^same and describe the first newspapers. Which party carried the first election, and how? 4, Describe the election in the spring of 1855. What was the first personal outrage springing from political motives only? What were the Bogus Laws, and under Avhat circumstances were they enacted? AVhere was the Territorial capital ? Where was the first Free-state Convention held, and with what result? Where was the first Constitutional Convention held, and what was done? Name the leaders in this. Give the causes and events of the Wakarusa war. o, AVliat outrages occurred in the early part of 185()? Describe the sacking of Lawrence. What was the Pottawatomie massacre ? AVhere and when was fought the first pitched battle on Kansas soil? Who dispersed the Free-state Legislature, and why? What town was entirely destroyed in this year, and by Avhom ? Who was the third Governor, and what was his character? AVhat was his work, and what were its results? G, What town was the center of the struggle in the southern part of tlie Territory ? Describe the land troubles. AVho was the Free-state leader in the South ? AVhat were his followers called? Give an account of the Trading Post massacre. Describe the sub- sequent troubles at and around Fort Scott. 7. What were the changes in 1857 which favored the Free-state party? Name the Constitutions of Kansas. Who favored the Topeka Constitution, and how long ? State the provisions of the Lecompton Constitution respecting slavery. What became of this Constitution? Why was the Leavenworth Constitution adopted ? How did it treat the question of slavery ? AMiy was it not i)ut in force? AVhen and where was the Constitution drawn under which Kansas became a State? Describe the members of this Convention. AVhat was its attitude towards shivery? AVhen was Kansas admitted to the Union? AAliy was it not admitted sooner? AAlio w'as the first Governor, and what had been his connection with the history of the Territory? LOCAL GOVERNMENT IN KANSAS JAMES H. CANFIELD. "Q/" all systems of government * * * i« may he asserted loithout fear of contradiction, that the most difficult to establish and render effective, * * * the one tohich evidently requires the greatest maturity of reason, of morality, of civilization, in the society to ichich it is applied, * •"" * is the federative system of the United States of America. ' ' — Guizot. Copyright by JAMES H. CANFIELD, 1SS9. Prefatoey Note. This little volume endeavors to secure practical results witli the utmost simplicity and directness of statement. To be suc- cessfully used, it must be regarded as one of those " thin " books which are necessarily supplemented by earnest and competent in- struction. It is a book of texts — as every true text-book should be. Such matters as are peculiarly liable to change have been avoided, or touched as lightly as possible ; the intention being to sketch the groundwork only — that which may be regarded as reasonably permanent. In order to prevent possible confusion by reason of too many details, and to place the remuneration for public service where it belongs — subordinate to the service itself^ — no definite salaries have been stated. As far as it has seemed desirable, the language of the statutes has been used. As the purpose of the work is simply to report the present facts of local government, there is very little criticism ; very few words as to what such government ought to be. Such criticism and discussion might be very properly considered out of place in the common schools of the State. Suggestions that look to improvements or corrections in future editions will be welcomed. The appreciation of those received during the past four years is shown by their appearance in this revision. As there was but one motive in undertaking the task of pre- paring this manual, so there should be but one in using it — an earnest desire to advance good citizenship in this imperial Com- monwealth. J. H. C Lawrence, May, 1889. In issuing a Eevised Edition of this work, the publishers would state that the entire book has been carefully revised, with the author's consent, by Judge W. C. Webb, of topeka, who has in- corporated the changes rendered necessary by recent legislative enactments, thus bringing it down to the present time. _ A few other corrections have been made, and some omissions supplied. It is believed the matters stated in the book arc reliable, and in entire harmony with the author's purpose. Philadelphia, May, 1894. IE"TE0DUCTI0E". There are two great principles which may bo called the cor- ner-stones on which our Government — National, State, and local — rests. These are — 1. The active and intelligent participation of each citizen in political affairs; 2. Office is a trust, and public officers are the servants of the people; responsible to the people for the proper discharge of every duty. With regard to the first, some one has -well said that the public business of America is the private business of every citizen. This fact should never be forgotten. We acknowledge no king, we have no governing class. All power is with the people. Those who neglect to exercise this j)ower really have no share in the Govern- ment. They are disfranchised by their own act. Those who do not exercise this power intelligently soon come under the con- trol of the cunning and the crafty. In either case there is only a pretense of self-government, and there is ever-increasing danger that even the pretense may come to an end. The second principle, expressed in the plainest terms, would be : every public officer, from President down, is simply a " hired man." His first and best efforts are due to those who hire him. No busi- ness of his own may interfere with his work for his employers. This is measurably true of a legislator also. In certain general questions he may act according to his best judgment, but always following the wishes of his constituents as tar as he understands them. On specific issues he must do their bidding exactly, or give place to some one who will do so. To determine whether an official, or a legislator, is a worthy servant, one to be hired again, the people must know what to expect of him, must under- stand his duties, and must be able to decide how he has discharged them. Here is another demand for popular intelligence in public affiiirs. 61 52 Introduction. The great mass of our voters are plain, hard- working men. Most of them toil daily with their hands for bread. All the machinery of state, therefore, should be as simple as possible, that public affairs may be easily understood by all citizens. If any action on the part of the Government is so complicated that very few people can comprehend it, there is great danger that some one is making use of our ignorance to his own advantage, This is not necessarily true in every case, but is so often true that we cannot afford to take any chances. But no Government can be carried on intelligently, if it must be kept within the compre- hension of ignorant people. It is therefore the duty of every citizen to seek all possible information on public questions, that the line of government may rise. This is why we have public schools, and why instruction is given in United States History and in the Constitution of the United States. But we have thus far forgotten that local government is just as important as national government ; that it touches our daily lives and personal affairs even more closely than the latter does ; and that only when our local business is well cared for, can we hope to have a wise admin- istration of the affairs of the nation. Moreover, if we understand our local affairs, we much more easily comprehend what is going on in the nation. To extend this knowledge of home government is the purpose of this little book. Our experiment in free government depends for its success on our being an enlightened, unselfish, far-sighted people. Just as these foundation qualities are either weak or wanting, the building is unstable, and disaster is more or less imminent. If we ever reach a time when ignorant, selfish, and present-policy men are permanently in the majority, the building will fall. If this nation is to stand for all time, growing purer and stronger and more worthy of the admiration of the whole civil- ized world, it must become and remain, in the very broadest and best sense of the words, "A government of the people, by the people, and for the people." Local Government in Kansas. THE SCHOOL DISTRICT. 1, Prelude. — The State establishes free schools for the sake of securiug good citizens. Xo one can be a good citizen unless he has a fair understanding, at least, of the workings of his own government — the machinerv of public aifairs. Only as this runs smoothly, continuously, and with the least possible friction, is it of much real value to those in whose daily lives it necessarily plays such an important part. In a free government like our own, offices are filled — sometimes, it must be confessed, in a rather hap-hazard way — by persons chosen from the people and by the people. Hence, it is peculiarly neces- sary that every one, Avhether he serves or determines wlio shall serve, shall possess a fair degree of knowledge of the duties and responsibilities of the positions which he may be asked to fill, or in which he places his neiglibors and friends. Without such knowledge, the civil service would soon become both inefficient and corrupt. In securing this necessary information, it is best to begin at home; with that in which we are naturally most interested. This will be the School District. 2, The School district One of the smallest civil divisions which the State recognizes is the School Dis- 53 54 Local Government in Kansas. trict. This is created l)y an officer known as the CV)iuity Superintendent of Public Instruction. He has authority to divide the county into a convenient number of School Districts, and to make any changes in the boundaries of these that the interests of the inhabitants may require.^ But there must never be less than fifteen persons of school age, i. e., over five and under twenty-one years, in each District when created or changed ; nor can a District be so changed as to make the amount of its bonds, if any have been issued, exceed five per cent, of the valuation of all property on the tax-rolls. The Superintendent must give due public notice of his intention to either create or chancre a District ; and anv one who is not satisfied with this action may state the facts to the Board of County Commissioners,^ and ask them to interfere. 3, Orgaiiisdtion, — The District is said to be organized when its first officers have been elected and have qualified ; Avhich means, have done all that the law requires them to do before entering upon the actual discharge of the duties of their offices. When duly organized, the Dis- trict has a legal name : School District No. — (such a number as may be given it by the County Superintendent), County, State of Kansas. By this name it is known in the courts, if it is ever sued or ever brings a suit ; and this is the name which appears in all contracts or bonds, and in all deeds of real estate. 4, Annual Meetings, — The regular annual meeting of each District is held at the school-house, on the last Thurs- day in July, at two o'clock in the afternoon. At this meeting, each male to whom the State Constitution gives ^ See paragraph 45 in chapter on County and County Officers. The School District. 55 tlie riglit to vote/ aiul etioli fenialo over the age of twenty- one, and not dis(|iialitied,- is entitled to vote. The general business of the meeting is to elect a Director, Clerk, or Treasurer ; to vote the annual tax with which to meet cur- rent expenses ; to determine the length of time the school shall be taught, which shall not be less than three months ; and whether a male or a female teacher shall be employed.^ 5, Officers and their Duties. — The officers have been already named. One only is elected each year, and holds office for three years. Each takes the usual oath of office f and the Treasurer must give a bond, to be approved by the Director and Clerk, in double the amount of the funds which ^\\\\ probably come into his hands. 1 He must be at least twenty-one years of age ; a citizen of the United States, or, if foreign born, must have at least declared his in- terstion to become a citizen ; and must have resided in Kansas six months, and in the township (or district) at least thirty days, next preceding the election. 2 The same limitations as are placed on males ; chiefly, when under guardianship, of unsound mind, if ever convicted of felony, or guilty of taking a bribe, or of fighting a duel. 3 Of course, all that may be done at such a meeting is not given. That would be as impossible as to give all the powers and duties of a public officer. The compiled laws of the State will always furnish explicit details ; but one of the best ways of getting information is by personal observation and inquiry. Scholars should be encouraged to attend the annual meeting, and note carefully all that is done there. A report should then be made to the school, and some time given to inquiry and discussion. Public officers might be questioned as to their diities and methods, and the results detailed to the school. Pub- lic affairs should be stiulied just as men study any trade or calling ; not theoretically, but practically. 4 1 do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Kansas, and faith- fully discharge the duties of the office of . So help me God. 5^ Local Government in Kansas. 6. The three officers constitute the District Board ; and to this is given general charge of all District affairs. It levies the annual tax ; has the care and keeping of the school-house, and of all other property belcnging to tlie District ; hires the teachers ; decides what text-books shall be used; can suspend any pupil guilty of immorality, or of persistent violations of any of the regulations of the school ; ^ and must visit the school at least once each term. 7. Besides these general duties, each member of the Board has special work to do. The Director presides at all District meetings ; must sign all orders drawn by the Clerk, or they are not valid ; and appears for the District in all cases in court, unless the voters otherwise direct. The Treaswer receives all school moneys from the County Treasurer, as all taxes are collected through the latter, and pays these out on order of the Clerk and Director ; keeping such accounts of these transactions as will enable him to present a detailed report at each annual meeting. The Clerk keeps a record of all the school matters in the District. He draws all orders for payments of salaries and current expenses ; makes a detailed report at each annual meetins:, covering all the statistics of the school year ; ^ makes all the necessary reports to the County Superintendent ; and acts as the Secretary of the District Board and of all District meetings. ^ Such suspension is limited in time to the current quarter in which it is made, and an appeal may be taken to the County Superintend- ent. "^ Such as number of children of school age ; number in attendance ; length of the school term ; receipts and disbursements, etc. The School District. S\ General Provisions, — Sometimes it becomes nec- essaiy to form a District lying partly iu two or more counties. This is called a Joint District. Sometimes two or more Districts unite ibr the purpose of securing a graded school for instruction in the higher branches. This is known as a Union District. In each of these Districts the government is substantially the same as that of an ordinary District. When a Joint District is formed of ter- ritory lying in two or more counties, it is formed by the concurrent action of all the county superintendents con- cerned, and cannot be altered without their joint consent. Such District is under the supervision of the superintendent of the county in which lies the largest amount of territory embraced in the District. 9, Every child between the ages of eight and fourteen years is required by law to be in some school, public or private, for not less than twelve weeks in each year, unless excused by the District Board for good cause shown. It is the duty of the Director to enforce this Compulsory Law, and to see that all violations of it are punished. 10, Any School District in the State may, at its annual meeting, vote a small tax ^ for the purpose of securing a school library. The Clerk is Librarian by virtue of his office, unless the Board appoints some one else. 11, Any District may, at its annual meeting, vote on the (juestion of uniformity of text-books in the common schools of the county. If the majority of the School Dis- 1 Not more than ^40, if the taxable property in the district does not exceed $20,000 ; $20,000-$30,000, not more than $4") ; §r>0,000-S50,000, not more than $50 ; $50,000 and upwards, not more than one-half mill on the dollar. 58 Local Government in Kdnsas. tric'ts in any county vote for county uniformity, tlicu tlie County Superintendent calls for the election of one dele- gate from each township, which delegates constitute the County Text-book Board. It is their duty to select and prescribe the text-books to be used in the schools of the county. When this selection has once been made, the list cannot be changed for five years.* 12. Conclusion, — It will be readily seen that the gov- ernment of the School District is very simple. If thought- ful, experienced, energetic men are placed in office, it is not at all difficult to have good schools. The services of the District Board must be rendered gratuitously ; yet this is no more than men should gladly undertake as their share of the public burden. It is peculiarly necessary that the members of the Board be men who take a deep and intel- ligent interest in school affairs. Above all, they should be men who have no unworthy personal ambitions to gratify, no prejudices, and no pets. In their election, party lines should be entirely forgotten ; the aim of all good citizens being to secure the very best man for each place. 1 School bonds, for the purpose of erecting or purchasing the school buildings necessary for a District, may be issued by the District Board as follows : The District must have been organized at least one year ; there must be at least fifteen persons between the ages of five and twenty-one years actually residing in the District ; at least one-third of the qualified electors of the District must petition the Board for a ppecial election on the question of issuing the bonds ; the majority of qualified electors (including women) must at this election vote in favor of issuing the bonds ; each bond must be for not less than one hundred nor more than five hundred dollars, must be signed by the director and countersigned by the clerk, must be registered with the county clerk, and must not be sold at or below par until offered to the commissioners of the State permanent school fund or to the loan com- missioner of the State Agricultural College. The Township. 59 THE TOWNSHIP. 13. Prelude, — As soon as it was determined to open for settlement the territory which is now Kansas, the United States Government, by its survey/ divided the land into squares of six miles on each side, which were sulxlivldcd into thirty-six tracts, each containing one square mile. These latter were called sections, and each larger square — thirty-six square miles — Avas called a town- ship. These divisions were made for the purpose of giv- ing definite boundaries to the lands Avhen sold. 14. The settlers found tliis method of division very accu- rate and very convenient, and have generally retained it in civil affairs. A municipal or civil township, therefore, is usually a square of land, six miles on each side. 13. In New England, the organization of each town- ship is so complete, and its local government is so inde- pendent, tliat it has been said that if the National and State governments Avere destroyed, and all their officers removed, all local affairs would go on much as usual. In the Southern States the county system prevails ; and the township, as a unit of government, is scarcely known. The Western States have very generally adopted what is known as the compromise system, in which municipal townships are granted many rights and privileges, but are, in a measure, subordinate to the county. In this State, nearly all local government is entrusted to cities, townships (under the compromise plan), and school dis- tricts. 1 For further details, see chapter ou Land Surveys. 60 Local Government in Kansas. 16. Organization, — Each county, when organized, is divided by the County Commissioners into suitable and convenient civil townships; and the Commissioners have power to organize new civil townships, on proper petition from the citizens of such townships, and after due notice of their proposed action. Each township thus organized becomes a body corporate,^ or legal person, and, as such, may appear under its own proper name in suits to which it is a party, and may make all contracts that are neces- sary and convenient for the exercise of its corporate powers. 17 • Elections. — The annual township election is held on the Tuesday next succeeding the first Monday in No- vember, in each year. Unless divided by law, each town- ship constitutes an election district, Avith one polling-place, or place where votes may be cast. The Australian Ballot Law,^ so called, provides that the Township Trustee, at least five days before the day of any election, shall appoint three judges and two clerks, who shall be of opposite political parties, and from the parties polling the greatest number of votes at the last 23receding general election. These officers must qualify at least one day before the day 1 Counties, towusbips, and cities are called public, or miuiicipal, corporations. Scbool districts are called quasi corporations. ^ Former editions of tins work contained at this place a full state- ment of the manner of conducting elections according to tbe laws then in force ; but much of this was changed by the act known as the "Australian Ballot Law," which took effect in April, 1893. This new law will be found in the Session Laws of 1893, as Chapter 78, page 106, It is too long, and contains too many details, to be fully stated in this work. It ought, however, to be carefully read and studied by every one who desires to vote, or who wishes to maintain the purity of our elections. A few features of the act must suffice for our present purpose. The Township. 61 of election. If any of said judges or clerks become dis- qualified to act, or fail or refuse to appear and serve at the proper time and place, the electors present shall select from their number ?;/ra voce proper persons from the different political parties to fill such vacancies. On the morning of election day the election officers carry the ballot-box, and a copy of the Compiled Laws, to the polling-place. At eight o'clock the polls are declared to be open; that is, the judges will then begin to receive votes. Every male person possessing the qualifications prescribed by the State Constitution is entitled to vote.^ Under the Australian Ballot Law, all ballots cast in elections for national, state, district, and county officers, and all ballots cast in township and city elections, are printed and distributed at the expense of the county, except those cast in cities at elections held for city pur- poses, which are paid for by the city. The names of all candidates for offices to be filled at tlie same election must be printed on the same ballot. Certificates of nomination, or nomination papers, for all candidates for office, whether nominated by conventions or becoming candidates at the instance of individual citizens, must be filed as follows: for State officers, and officers for districts greater than a single county, with the Secretary of State ; for city officers, with the city clerk ; for all other officers, with the county clerk. Full provisions are also made for ballots for other propositions, as voting for bonds, and the like.^ ^ For qualifications and disabilities of voters, see Constitution of the State of Kansas, Article V., page 154. Sections 5 to 9 of the law relate to nominations, certificates, and filing the same. Section 10 relates to "objections," -which may be made before ballots are printed. Sections 11 to 17 relate to the form 62 Local Government in Kansas. All persons in the service or employment of any person, company, or corporation have the absolute right to two hours on election-day to attend the election, without any deduction of wages. The judges and clerks of the elec- tion make returns to the county clerk, under the general election law, of the ballots, and one copy of the poll-books. Electioneering within one hundred feet of any polling- place, and any interference with or hindrance of any elec- tor, are forbidden under penalties. Other sections of the present law prescribe penalties for willful destruction of ballots, or any frauds or willful neglect of duty on the part of any officer or other person respecting any duty under the election law. Another act was passed by the legislature at the session of 1S93 to prevent '' corrupt practices at elections." ^ This act prohibits all bribery or purchase of votes, and other corrupt practices, on the part of candidates or their friends. It also requires every person who is a candidate for office at any election to file with the county clerk, under oath, and within thirty days after the election, a detailed state- ment of all moneys loaned, expended, paid, or promised to be paid by him, or by any one for him, to secure or fur- ther his election. Similar statements are required from members of any club or organization who shall receive or disburse any money for election purposes. of ballots, printing them, furnishing them to election officers, and the manner in which they are to he supplied to and used by electors. Sections 18 to 23 relate to the conduct of elections, to the voting booths, and to the marking of his ballot by the voter. Section 25 relates to the counting of the ballots after the polls are closed, the declaration of the number cast for each candidate, and the preservation of the ballots. 1 Chapter 77, Laws of 1893, page 101. The Township. 63 IS, OJficer.s. — At each auiiual election the followiii"^ to\vnshi[) officers are chosen : a Trustee, a Clerk, a Treas- urer, a Road Overseer for each Road District in the town- ship, and as many Constaljles as there are Justices of the Peace. At each alternate annual election there are chosen, in addition to the officers already named, the Justices of the Peace to which the township is entitled — not less than two. These Justices hold office for two years ; all other township officers for one }Tar. All officers take the usual oath of office before entering u^^on their duties ; and the Clerk, the Treasurer, the Road Overseers, the Justices, and the Constables give bonds. The Trustee, the Clerk, and the Treasurer constitute an Auditing Board, and no bill or claim against the township can be paid until allowed by such board. lt>. The Trustee is a sort of general superintendent of township affiiirs. He determines the number and extent of the Road Districts, looks after the general pecuniary concerns of the township, is one of the judges of elec- tions, has charge of the poor, contracts for the building of bridges, is the township assessor for the purposes of taxation, and, with the consent of the County Commis- sioners, levies the tax for township, road, and other purposes.^ For his service as assessor, but for none other except as hereinafter specified, the law entitles him to receive pay. '20. The CJerh has charge of all records, books, and papers of the township, where no other provision is made by law. All these books and records, as ^vell as those in ^ Such as for payment of interest or princiiml of t jwnsliip bonds. 64 Local Government in Kanscis. the custody of any other public officer, are always open to public inspection. 21, The Treasurer receives and pays out the moneys that may lawfidly pass through his hands, under the general supervision of the Trustee and on order issued by him on claims and bills allowed by the Auditing Board. He must keep a true account of all receipts and payments, in books provided for the purpose. 22. These three officers constitute the Board of Com- missioners of Iligkways as well as the Auditing Board for each township. The Trustee is chairman of this Board, and the Clerk is secretary. It meets on the second Sat- urday after the townsliip election, and on the last Monday of April, July, October, and January in each year. It has general supervision of all roads and bridges in the township ; and, to make this work more efficient, it is authorized to employ a general Superintendent. The statute expressly enjoins the making of permanent roads^ wherever this is practicable ; which is a long step in advance in this matter. 23, The accounts of all township officers must be presented to the Auditing Board for inspection and ap- proval. These officers, when serving on this Board, are entitled to pay. 24. The same officers are the Fe) we- Viewers in the township ; that is, they determine w^iether the fences an- swer the requirements of the law. For each day they are engaged in this work they are entitled to pay. ^ That is, made with gravel, or macadamized, and well drained, etc. Tlic Toirnship. 65 2ij. The lload Overseer must inspect all bridges in his district and see that they are either safe for travel or are closed ; he nuist carry out proper measures to prevent the spread of prairie fires ; and he has general su})ervision of opening and keeping in good order all roads ^ under his care. He receives pay for his services, but not for more than fifteen days' work in each year. 26. Condahles are the usual officers of the Justices' Courts. They may serve all papers issued by the court (and so may sheriffs), and they have general police power in the preservation of order, can act anywhere \\ itliin the county in which they are elected, and can at any time call on citizens for help in enforcing the law. Their fees are determined by law, and vary in accordance ^^\t\\ the service rendered. 2 7' Justices of the Peace are, as the name implies, peace officers and judges in minor matters, both civil and crim- inal. Every Justice of the Peace must hold his office in the township in and for which he was elected. To give him the right to act, the case must arise in the county in which he was elected. In civil actions, except replevin and trespass, he can act if the amount sought does not exceed three hundred dollars. In suits fi)r trespass, and in actions of replevin, a Justice has jurisdiction only 1 Public high ways, established under the statute. These are secured by petition to the County Commissioners, are generally located on section lines, and are not more than eighty nor less than forty feet wide, except in certain emergencies. The County Commissioners have power to improve roads whenever a majority of the landowners re- siding within half a mile on either side of the road, and between the terminal points mentioned in the petition, request such improve- ment. The expense is assessed on the tracts of land benefited. G6 Local Government in Kansas, where the damages or the property and damages ehiimed do not exceed one hundred dollars. He cannot act at all in a case where the title of land comes in qnestiou. Justices may try any person for a misdemeanor (i. e., an offense not punishable by death or by confinement and hard labor in the penitentiary) in all cases in which the fine can- not exceed five hundred dollars and the imprisonment in the county jail cannot exceed one year. They may per- form the marriage ceremony. They keep a detailed record of all their proceedings in a book called a docket. For all services they are paid certain fees, determined by laAV. In all civil cases tried in a Justice's court, either party may demand a jnry. This is composed of six men,nnless the parties agree on a smaller number. In criminal trials for misdemeanors a jury of twelve men may be called either by the complainant or the defendant. If no jury is called, the Justice may try the case.^ 28. Conclusion. — The duties of township officers are not very burdensome ; but they call for integrity, tact, and shrewd common sense. It is not easy to understand Ayhy partisanship should have any weight whatever in the choice of these public servants. The best conduct of public affairs is all that is sought, and good citizens should be content with uothing short of this. 29. It is not difficult to see that with the district and towuship governments alone, very much could be accom- plished. With good schools, good roads, efficient peace officers, and courts in which may be tried by far the greater number of disputes and misunderstandings, the commu- nity can thrive and dwell in almost inibroken peace. 1 See chapter ou Judiciary. The Ooimfy. 67 AVitliiii those limits meu feel the direct results of the maehinery of government which they set in motion. Beyond these, tlie impression is but slight, decreasing in intensity through the county and the State/ and for the great mass of men almost entirely d}'ing out before the General Government is reached. 30. To these home matters, therefore, should be given most careful thought, and most prompt, efficient, and in- dependent action. THE COUNTY. 31. Prelude. — The first Territorial Legislature, in 1 855, established twenty counties ; that is, defined their boundaries. To these twelve more were added before the admission of the Territory as a State. Others have been established at different sessions of the State Legislature f 1 A striking illustration of this is to be found in a comparison of officials, as follows : Officers in School Districts number about 27,000 " Townships number about 11,000 " Counties number about 1,400 '* Cities, excluding Councilmen, about 900 *' State, including Supreme Court and District Judges, but excluding Legislature, about 65 Again, the tax levied for the payment of all the expenses of the State government, including the support of all State institutions, is only about one-eighth of the entire amount of taxes levied and col- lected in Kansas each year. 2 The number of counties in 1889 was one hundred and six. Gar- field County was disorganized in 1893, leaving at present one hundred and five counties, all organized for county purposes. GS Local Government in Kansas. and some old counties have been divided, the early name has been dropped, and new names liave been given to the reorganized i)ortions. By a special statute, boundaries may be changed by a majority vote of the electors of the counties interested; but no county shall have an area of less than four hundred and thirty-two square miles. 32. Organization, — County organization usually took place under general laws (see paragraphs 1577 to 1593, both inclusive, of General Statutes of 1889) ; but some counties were and new counties may be organized under the particular provisions of the laws creating them. It is not necessary to consider these provisions here. Counties may be divided and new counties created by the Legislature at its pleasure, subject only to the constitutional requirement that no county can be created having less than four lumdred and thirty-two square miles, nor reduced below such area. 33. The county-toA\n, or county-seat — /. e., the place where county offices are located — is determined by a vote of the electors of the county. As in the case of the town- ship, each county is a body corj^orate and politic ; that is, is a legal person ; and as such can sue and be sued, make contracts, and hold real estate. 34. Elections. — County elections occur on the Tuesday next succeeding the first Monday in November of each year ; but not for the same officers each time. In each "even" year we vote for members of the Legislature (or Representatives), a Probate Judge, a Clerk of the District Court, a Superintendent of Public Instruction, one Com- missioner, and a County Attorney. Once in four years, in wliat is called the presidential year, Ave add to these a State Senator. In the "odd" years there are elected one The County. 69 CoininissioiK'r, a Slioriff, a County Clerk, a Treasurer, a Register of Deeds, a Surveyor, and a Coroner. Tliese elections are announced, or ''proclaimed," by the Sheritt' at least ten days before they occur. The voting is done in election districts, which are townships, unless otherwise de- termined by law, and in city wards. All county officers enter upon the discharge of their duties on the second Mon- day of January next after election, except the Treasurer, Avhose term begins on the second Tuesday of October next after his election ; and all give bonds. Senators and Rep- resentatives never give bonds. 35, Officer's, — The County Commissioners stand in much the same relation to the county that the Director does to the school district, or the Trustee to the township. Al- though county officers, the Commissioners are elected from separate districts, by the electors of such districts respect- ively. They are the representatives of the county, the general agents of the county, the county executive. All county property is in their care ; they examine and settle all acconnts of the receipts and expenditures of the county; they apportion and order the levy of taxes ; they lay out, alter, or discontinue roads ;i they set off and organize townships, and change their boundaries ; they canvass the votes fen' the respective county and township officers, and determine the results of such elections; they canvass the votes for State and district officers, for members of the State Legislature, for members of Congress, and for Presi- dential electors, and such canvass is certified to the Secre- tary of State. They have powers necessary to meet the requirements of county business in all cases where no other 1 See note, page 65. 70 Local Government in Kansas. provision is made by law. Their term of offiee is for three years, and is so arranged that one Commissioner is elected each year. This always leaves two of the Board — a major- ity — who have some acquaintance with county business ; a very wise provision. Their compensation is by the day, for actual service required and rendered ; the total number of days being regulated by statute with reference to the population of the county, this being thought the most practicable way of estimating the probable business of the county. 30. The Comity Clerk is the Secretary of the Board of County Commissioners, and is custodian of their records and })apers and the seal of the county. He keeps a full set of accounts of the receipts and expenditures of the county, and of the business of his county with all county, townshij), district, and other officers. These are especially designed as a check on the Treasurer's accounts, and as a test of their accuracy. This includes, of course, the com- plete tax-rolls, and all the proceedings connected with the levy and collection of taxes. He makes a complete and detailed report to the State Auditor every year of the financial condition of the county. In return for his services he receives a salary, varying according to the population of the county. 37. The County Treasurer has charge of the money of the county. Everything due the county is i)aid to him, and all ex])cnditures pass through his hand. He is the collector of all taxes ; and therefore must open accounts with all cities, townships, and school districts in his county. He makes full reports to and settlements with the County Commissioners once in each year ; and once The County, 71 each quarter the 1^'obate Judge aud two citizens appointed by the Commissioners enter the office, without previous notice, and examine tlie books and count the funds in the Treasurer's hands. SS, The Register of Deeds has care of the various records affecting title to land. All deeds, mortgages, maps of towns or villages, and other writings which, under the law, may become a charge on any land, or may assist in determining the ownership of land, are copied by the Register in books prepared for that purpose and kept in his office. These are always open to public inspection, and are carefully and conveniently indexed. 39, The Sheriff is the general ministerial officer of the District Court, attending all its sittings ; and is the county representative of the executive branch of government. He appoints an under-sheriff, or general deputy, and such deputies as he may think necessary — being himself respon- sible for the acts of these sul3ordinate officers. He has charge of the county jail, and of all the prisoners kept there. It is his duty to do all in his power to preserve the peace, to suppress all unlawful assemblages, and to make all necessary arrests. Should he need assistance at any time, he is authorized to call to his aid such persons in the county as he may think necessary. This is known as " summoning a posse." He gives public notice of all elections, attends the drawing of jurors, and summons them Avhen drawn, and in all ways furthers the execution of all laws. 40. It is the duty of the Coroner to examine all the circumstances connected with death by unlawful means, or where the cause of the death is unknown. This is called ^Miolding an inquest;" and in the performance of this duty 72 Local Government in Kansas. the Coroner is assisted by six jurymen, summoned })y him- self. If the jury find that a crime has been committed, the Coroner may issue a Avarrant for the arrest of the person charged ; but the trial of such person is conducted in the usual courts, and in the usual manner. When the Sheriff is a party, or is incompetent to act, the Coroner may serve legal process issued from the District Court. AVhen there is no Coroner, a Justice of the Peace may hold " inquests." 41, The County Attorney appears in all the courts of his county, and prosecutes or defends on the part of the people all suits in which the State or his county has an interest. He is the legal adviser of the Board of Com- missioners ; and it is his duty to inspect j^ersonally the jail and its management during each term of court, and make report to the County Commissioners. 42, The County Surveyor is entrusted with the lines or boundaries of the various divisions of the county. He subdivides the sections establislicd by the United States Surveyors ; re-establishes missing corners or landmarks ; surveys the lines of all public roads ; and disputes or mis- understandings as to the boundaries of adjoining lands are generally referred to him for settlement ; but appeals may be taken from his decision to the District Court. 43, Each county having more than twenty-five thou- sand inliabitants is entitled to an officer known as the County Auditor, who is appointed by the District Court of such county. It is his duty to examine all claims pre- sented against the county and to decide as to their validity; to inspect the accounts of the Treasurer every two months ; and to examine tlie reports and books of the Sheriff and of The County. 73 the Clerk of the District Court coueeriiiug fees and other moneys eolleeted by tliem. He mnst pnblish each month, in the official paper of the county, a complete statement of all the claims which he has allowed.^ ^4:. The Commissioners in each county constitute the County Board of Health. They elect some reputable phy- sician as County Health Officer. The county officers and the State Board of Health act together ; the former having the same general powers in their respective counties that the latter has in the State.^ 45. The County Superintendent of Public Instruction has general charge of the educational interests of the county. He divides the county into School Districts, visits the schools, suo:2:ests to either teachers or School Boards needed improvements, examines accounts and records connected with school work, encourages the formation of Teachers' Associations, supervises the summer Normal Institutes,^ prepares certain educational statistics and reports these to the State Superintendent of Public Instruction, and decides most of the disputes arising within Districts. Appeals may be taken from his decision to the County Commissioners respecting the formation of districts or the division of proj^erty. Much depends on his character, education, patience, firm- ness, and industry. The greatest care should be used in selecting this very important public officer, and he should 1 For duties of the Clerk of the District Court, see under the Judi- ciary, par. 124. 2 For duties of the State Board of Health, see under State Oflficers, par. 90. 3 See under Higher Education. 74 Local Government in Kanms. be retained in office as long as lie gives satisfaction, or until the people are sure of getting a better servant. 46. The County Superintendent is assisted in the dis- charge of one portion of his duty by two Examiners, who are appointed by the County Commissioners, and, with the Snperintendent, form the County Board of Examiners. These persons must hold first-grade or State certificates, or be regular graduates of one of the State institutions of higher learning. 47. Notaries Public are appointed by the Governor, in each county. The statute places no limit on their num- ber. Each gives an official bond, which, with his oath of office, is filed with the Clerk of the District Court ; and each must have an official seal. They have authority to administer oaths, to take and certify acknowledgment of deeds and of other papers affi^cting the title to lands, to protest promissory notes for want of payment, to take depo- sitions of witnesses, and to exercise other powers granted by connnercial usage. 4S. The Legislature divides the State periodically into Senatorial and Representative Districts. From the first are chosen the members of the Upper House, and from the last those of the Lower House. The Constitution pro- vides that there shall not be more than forty Senators nor more than one hundred and twenty-five Representatives. Members of the Legislature must be qualified voters of the District for which they are elected, and must reside in tliat District. Xo member of Congress nor officer of the United States, and no one convicted of misuse of public funds, is eligible to a seat in the Legislature. The powers Cities, 75 and duties of Senators and Representatives will be given under the legislative branch of the State government. 4:9, Conclusion — Reviewing the county officers, it will be readily seen that ability, integrity, and efficiency are the chief requisites. The offices are peculiarly positions of trust and practical service in behalf of the entire people. Upright, energetic business men to do the business of the people in an upright and energetic way — that is ^vhat is wanted. INIere party prejudices should have no weight whatever; there should be, as in tlie district or in the toA\ n- ship, simply an effort to secure the best man. The only legitimate exception to this may be made in the choice of the members of the Legislature. Since with these lies the choice of United States Senators, and the latter are closely connected with national affiiirs, there may be some ground for party allegiance in any measure which affects their election. CITIES. 50, Prelude, — Whenever, for any reason, a large num- ber of people reside within a comparatively limited area, there is need of government differing somewhat from that of a rural district. For instance, where buildings stand close together there is more danger from fire, and hence there must be greater protection against it ; the various kinds of waste or refuse from a large population soon con- taminate the soil and the natural watercourses, and pure water must be brought into the city ; where there are so many people, every man does not know his neighbor and 76 LoGcd Government in Kansas. that neighbor's business, which fact presents constant oppor- tunities for crime, and compL'ls the organization of a police force ; the constant passing to and fro of a large population demands good sidewalks. All these, and many others, are necessarily expensive, and require supervision and care ; and for this certain officers and general rules must be pro- vided. TJiese constitute city governments, which will not be difficult of explanation, now that the simpler forms of local government have been thoroughly mastered. Ji. CI ass t/i cat ion, — Whenever it is duly ascertained, by any lawful census or enumeration, that any city has a population of over fifteen thousand inhabitants, the fact is certified by the Mayor and Council to the Governor, who thereupon, by public proclamation, declares that to be a city of the first class. If the city lias more than two thou- sand inhabitants, and less than fifteen thousand, it is pro- claimed a city of the second class. Any town or village having not more than two thousand inhabitants, nor less than two hundred and fifty, on due application to the Commis- sioners of the County in which it is located may l)e declared a city of the third class. In 1889 Kansas had six cities of the first class, forty-six cities of the second class, and seven cities which Nvould be in the second class if tliey should apply for sucli recognition. There liave been no incorpo- rated " villages" or 'downs'' in Kansas since 1871. 5V. Warffs — Cities of the first class shall have not less than four nor more than six loards. These are geograph- ical divisions of the city, each being entitled to rejiresen- tation in the City Council. A city is a ])ublic corporation created by statute to transact certain ])ublic business in a certain and specified way ; and this business is very gen- Cities. 77 erally of such a nature as to give little or no place for politics. Cities of the second class, having more than four tliou- sand population, sliall have not less than four wards. Cities of the third class are not divided into wards. 5f3. Beg ist rat ion, — To prevent legal electors from vot- ing more than once at the same election, and to prevent persons from voting who are not legally entitled to vote, every person who claims the right to vote, in cities of the first and the second class, is recpnred to give to the City Clerk, prior to the ten days preceding any election, a state- ment of his name, age, occupation, and place of residence. This registration must be attended to every year, or the citizen loses his vote. Copies of the Clerk's lists are sent to the polls, and no one can vote whose name cannot be found on the list for the ward in which he oifers his vote, unless he produces a ''certificate of registration" showing that he Avas in fact duly registered. In each city where more than six thousand votes are cast at any general election, registration and elections are in charge of a Commissioner of Eledioiis, appointed by the Governor. If the Metropolitan Police Law is in force in that city, the Board of Police Commisioners acts in con- nection with the Commissioner of Elections. 54:. Elections — Elections are held on the first Tuesday in April. In cities of the first class, the Mayor and the Police Judge ^ are elected in the -'odd" years, by vote of all citizens. Each ward is entitled to two Coimcilmen. The Council men and members of the Board of Education 1 In cities governed by the Metropolitan Police Law the Police CouiQiissioners appoint the Police Judge. 78 Local Goveniuient in Kansas. are elected in alternate years. In cities of the second class, the officers elected in the ''odd" years are the Mayor, Police Judge, Treasurer, Treasurer of Board of Education, and Justices of the Peace.^ One Councilman in each ward, and members of the Board of Education, are elected annually. In cities of the third class, the Mayor, Police Judge, and Councilmen are elected annually. Officers not elected by the people are appointed by the Mayor and Council. In all elections for city or school officers, or for the pur- pose of authorizing the issue of school bonds, women vote, under the same restrictions and qualifications as men, and they are eligible to any city or school office. They are not eligible to the office of Justice of the Peace or of Constable. 5J. Government The government of a city is in the hands of a flavor and Common Council, whose legislative acts are called Ordinances. 56. Oijicers. — The Mayor corresponds to the township Trustee, and is the general executive of the city, being active and vigilant in enforcing all the laws (ordinances) of the city. He has some special powers; such as that of a veto on all ordinances passed by the Council (^vhich may be passed over the veto by a three-fourths vote); the jiower to appoint special policemen, to call out the citizens or militia within the city to aid in enforcing the ordi- nances or to suj)press a riot, and to grant reprieves or j)ardons for all offi?nses arising under the city laws — but in this last he nuist have the consent of the Council. In some of these special powers the Mayor's position is some- thing like that of the Governor. 1 For the purpose of electing? Justices of the Peace and Constables, cities are declared to be townships. Cities. 79 57> The Police Jadge answers to tlie township Justice of the Peace, and has exckisive right to hear and determine all cases which arise under the city ordinances. In cities governed by the Metropolitan Police Law, Police Judges may try most of the misdemeanors (or minor criminal of- fenses) under the State laws. The Marshal and the police are his constables ; the former having many duties like those of a sheriff.^ 58» The Clerh, Treasurer , Assessor,^ and Attorney per- form the customary duties attaching to their offices. 59, The Weigh-Master inspects and weighs all hay, grain, and coal, and measures all wood, when these are offered for public sale ; and the Council may prescribe rules for the weighing and measuring of every commodity sold in the city ; but this is rarely done. GO, The 3Iarhet-Master is an officer almost unknown in Kansas. The office may be created by ordinance, and its duties defined. 61. The City Charter Acts provide for the appointment by the Mayor and Council of any city, or by the Trustee of any township, of an Inspector of Oils, who examines all coal, 1 Unless such action appears to the Governor clearly unnecessary, he must appoint in every city of the first class a Board of Police Com- iiiissloners, three in number, who shall have entire control of the iiolice force and of police regulations in that city. If fifty householders of a city of the second class so petition, or if the Governor so directs, the Attorney-General has authority to com- mence proceedings which will put all the city ofiicials out of office, and the Governor then appoints a Board of Police Commissioners, as above, with the same general powers. When the Governor thinks there is no further need of this kind of government, a new city election is called by him, and the Police Board is discontinued. 2 See under Taxation. 80 Local Government in Kansas. petroleum, or mineral oils offered for sale, and determines their safety. (These provisions are praetieally repealed or superseded by chapter 180 of the laws of 1S89, providing for a State Inspector of Oils. See par. 100.) 62. In the Street Commissioner we find the Road Over- seer, and in the City Engineer the official Surveyor. 03. Schools. — For educational purposes the city is treated as one School District, under the general manage- ment of a Board of Education. In cities of the first class this consists of three members from each ward — if the city has no more than four wards ; but if more than four wards, then two from each ward — one of Avhom, in each ^\•ard, is elected by the citizens at large, annually. In cities of the second class there are two meml)ers from each Avard, one of whom is chosen annually ; but if the city has more than ten thousand inhabitants, then the Board consists of six citizens, two of whom are chosen each year by the citizens at large. The Board may, for the sake of convenience, divide the city into districts ; and this is generally done, taking the ward lines as district boundaries. Usually each ward school has its own Principal; while over all the Board places a Cifij Superintendent. County Superin- tendents have no jurisdiction within cities of the first or second class. For school purposes, cities of the third class are under the same laws as those which control a country district. In cities of the first class the schools cannot be kept open for more than nine months in each year ; the tax for the support of the schools cannot exceed ten mills on the dollar when the assessed valuation is less than three millions of dollars, and cannot exceed seven mills on the dollar when the valuation is more than three millions. cities, 81 6-i. Conclasiou, — The real dilferenccs between the gov- eruments of cities of tlie several classes are very slight. Cities of the third class have fewer officers, and can be managed at much less expense. Cliaracter and competency are almost the only qualities demanded in candidates for city offices. In many Kansas towns party lines have been almost forgotten, and mere partisanship stands a poor chance of success. As cities increase in population, party lines become more manifest, largely because city majorities can be made to control the result of rural elections; but it is the part of true Avisdom to repress this tendency as long as possible. 65, There is a common saying tliat in the United States every city witli a population of more than ten thousand is governed by tlie worst class of its citizens. This is not quite true, but indicates the popular feeling, that there is great danger of its becoming true. The intense business and professional activity in cities, and the many social attractions and opportunities for amuse- ment, tend to make more thoughtful and responsible citizens, those called '^the better classes,'' neglect their political duties. Thus, place and power are secured by those who are unworthy. There is no alternative. Either a city will be governed by the respectable jiortii^n of its people, to the exclusion of the mob of idle and vicious persons and those who live by their wits — all of whom drift into cities, because there they can be comparatively lost in the crowd ; or the city and the respectable portion of the community will be governed by this mob. Xo- where more than in these large centers of population are there needed constant care and watchfulness on the part of every good citizen. 82 Load Government in Kansas. THE STATE. 66. Organization The people of tlie Territory of Kansas having duly formed and ratified a Constitution (that of Wyandotte) and State Government, — republican in form, — and having asked admission to the Union, Congress, by an aet of admission, deelared Kansas one of the United States. This act, approved January 29, 1861, defined the boundaries of the State; declared it entitled to one Representative until the next general apportionment of Representatives ; gave to the State, for school purposes, sections sixteen and thirty-six in each township of public land ; granted seventy-two sections of land for the support of a State University ; gave ten sections of land for public buildings ; pledged the State five per cent, of all sales of public land in Kansas ; and created the State a Judicial District of the United States. 67' Elections, — The election of State officers is held at the time and place of voting for members of tlie State Legislature, and under the same regulations. Indeed, the names generally appear on the same ticket with the names of candidates for county offices. The vote for State officers, however, is sent by the Clerks of the Can- vassintary of State, Auditor, Treasurer, and Attorney-General constitute the Board of State Canvassers, with the same general powers and duties as those of county boards. 68. Officers. — The executive department consists of a Governor, Lieutenant-Governor, Secretary of State, Audi- tor, Treasurer, Attorney-General, and Superintendent of State Officers. 83 Public Instruction. All these are elected by the people, and each holds his office for two years. 69. The Governor is the supreme executive of the State, and its general representative in business affairs. He may call an extra session of the Legislature, and may adjourn the Legislature if the two liouses cannot agree as to the time for adjournment. In a message sent to the Legislature at the opening of each session, he reports the condition of the State and of its institutions, and recom- mends appropriate legislation. He transacts nearly all the business of the State with the National Government. Under regulations prescribed by law he has poAver to par- don those under sentence of law ; and a sentence of death cannot be carried out unless he issues a warrant to that effect.^ The Great Seal of the State is kept in the Gov- ernor's office. The Governor is also Commander-in-chief of the militia.^ 70. The Lieutenant-Governor is, by virtue of his office, President of the Senate. In case of the disobility of the Governor, for any reason, tlie duties and responsibilities of his office devolve on the Lieutenant-Governor ; but sickness, or absence from the State, constitutes no such disability. 71* The Secretary of Slate has charge of all books, maps, records, official bonds, and other valuable State papers. In his office are kept all the enrolled bills and resolutions of each Legislature ; and he has the care and distribution of the printed laws of the State. 1 Governors in this State have so very generally refrained from issuing such warrants, that there is practically no death penalty in Kansas. ^ See Constitutional Provisions. 84 Local Government in Kansas. 72. Tiie (liitit's of a State Auditor are those of a chief book-keeper, and somewliat more. He keeps all the accounts of the State; audits all the accounts and salaries of persons who may receive money from the treasury, and issues orders, or warrants, for the payment of these ; and he reports to eacli Legislature a detailed estimate of the necessary expenses of the State until the meeting of tlie next Legislature. He is also the Regider of the State Land Office, and has charge of the books in which are preserved the records of the sales of State lauds. 7S. The State Treasurer receives and pays out all tlie moneys of the State, keeping the usual detailed accounts of the same, and making an explicit report to the Gov- ernor once in two years. The Governor, Auditor, and Secretary of State, as an Examining Board, are required to inspect once in each month, without previous notice, all the accounts and funds of the treasury department. Any use whatever of the State funds, in any manner and for any purpose not authorized by law, is made a statu- tory embezzlement. 74:. The Attoimey- General appears for the State, and prosecutes or defends all actions and proceedings, civil or criminal, in which tlie State is interested or is a party. He performs this duty in the Supreme Court of the State by virtue of liis office, and in any otlier court on request of the Governor. He gives legal advice to all County Attorneys or other public officers whenever they may apply to him. 7o. Under the general su])erlntendence and manage- ment of the State Siipcrintendent of Instruction ^ are the 1 The Auditoi', Treasurer and Superiutendeut are each authorized State Officers. 85 entire educational interests of Kansas. He distributes the income of the State scliool-fund to tlie counties from whicli proper reports have been received ; visits each county at least once in two years ; publishes tlie school laAvs that are in force ; advises witli County Superin- tendents ; and reports in detail to tlie Governor, prior to each session of the Legislature, the condition of educa- tional affairs in the State. 76. The State officers thus far mentioned, except the Lieutenant-Governor, form Avhat is known as the Execu- tive Council. This has the care and management of the State-house and of the grounds about it, of the armory, and of all other State property where no other provision is made by law. It elects the three Railroad Commis- sioners (one each year), annually selects and names the "official State paper," and has many other duties pre- scribed by the statute. 77. The Railroad Commissioners form a Board to whicli are referred all questions as to freight or passenger charges, the location of depots and side-tracks, and all other claims or questions which may arise under the law regulating railways. A Commissioner's term of office is three years. 78. The Lieutenant-Governor, Secretary of State, Treasurer, Auditor, and Attorney-General are united in a Board known as tlie Board of Railroad Assessors, whose duty it is to assess the property of all railroad corpora- tions in the State for the purposes of taxation. 79. To the Secretary of State, the Superintendent to appoint a competent and suitable assistant, who stall be known as Assistant Auditor, Assistant Treasurer, or Assistant Superintendent. 86 Local Government in Kansas. of Pul)lic Instnic-tion, aod the Attorney-General, as tlie School-Fund Commissioners^ are entrusted the care, man- agement, and investment of the school-fund of the State. 80, Whenever the State incurs a debt, a tax is levied which will pay the interest each year, and also raise, each year, an amount which, when laid by, will equal the prin- cipal when the latter comes due. The part laid by each year to pay the principal is called the Sinking Fund. This fund may be invested by the Governor, Secretary of State, and State Auditor, who are constituted a board known as the Sinhing-Fund Commissioners. 81, The State Agricultural Society is organized to further the agricultural interests of the State. Every County or District Agricultural Society which shall have made a monthly and detailed report of the condition of crops, of the noxious insects, and of the condition of stock, in its county or district, and shall liave furnished such other information as the State Board may require, is entitled to send its President, or some other person, as a delegate to the annual meeting of the society. This is held in Topeka, on the second Wednesday of January in each year, and the usual officers are then elected. The President, Vice-President, Secretary, Treasurer, and five members chosen at the annual meeting, constitute the regular State Board of Agnculture. Of this the Governor aud Secretary of State are ex-ojficio members. 82, The State Board takes the census (the official numbering of the people), and compiles all statistics and collects all manner of information that may be use- ful to farmers, or that may prove desirable to those in other States or countries looking for new homes. The State Officers. 87 result of their labors is put in the form of a Biennial Report, of which several thousand copies are printed for general distribution. The society occupies large rooms in the capitol, where are preserved and displayed speci- mens of the soils, products, and industries of the State. 53, Closely connected with the agricultural interests of the State is the Live-Stock Sanitary Commimon. This Board is made up of three persons appointed by the Governor, with the advice and consent of the Senate, and has general oversight of the health of all live-stock in the State. The State * Veterinary Surgeon, also ap- pointed by the Governor, acts with this commission ; the object being to secure the best means of avoiding or limiting contagious diseases in domestic animals. 54, The Acaderiiy of Science is really a department of the State Board of xlgriculture, but with a separate organization and under its own officers. It holds a regu- lar annual meeting, at which the latest discoveries and advancement in science are discussed. The Academy has an office in the agricultural room, in the capitol, and has special duties in the way of collecting and preserving botanical and geological specimens. 85. The State Horticultural Society receives support from tlie State in its work of investigating the various methods in horticulture, and of collecting and dissemi- nating ail manner of infn-mation that may be useful to fruit-growers. Like the Academy of Science, it is really a department of the State Board of Agriculture. 86. The State Hktoincal Society was organized to col- lect books, maps, public and private letters and documents, relics, and all and everything relating to the history of .Sy Congress and called the Ratio of Representation. To each of the States having the largest remainders one Representative is assigned until the whole number of Congressmen (3oG) has been secured. The State Leg^islature determines the boundaries of the Districts. Cono ressmen are elected at tlie General Election of State and County officers, in the even years. The term of office is two years. A Representative must be at least twenty- five years of age, must have been seven years a citizen of the United States, and must be an inhabitant of the State for which he is chosen. Nothing in the Constitution pre- scribes that he shall be a resident of the District for which he is chosen : this, however, has been the general custom, though there have been some exceptions. 18S* The United States District Court for this State sits at Topeka and Leavenworth, and at Wichita for criminal cases. Its officers are the District Judge, who holds office during life or good beliavior ; the District Attorney, who represents the National Government as tlie County Attor- ney does the county; and tlic Marshal, whose powers and duties are similar to those of a Sheriff. These three offi- cers are appointed by the President and confirmed by the Senate. IS-i, The United States Circuit Court for this State sits at Topeka and Leavenworth. One of the Justices of the 132 Local Government in Kansas, United States Supreme Court is allotted to this cireiiit, whieh includes Kansas and several other States. There are also appointed for the circuit two Circuit Judges, with the same general powers in the circuit as a Justice of the Supreme Court. The Circuit Court may be held by the Circuit Justice, or by a Circuit Judge, or by the Dis- trict Judge sitting as Circuit Judge, or by any two of these sitting together. Each of these courts appoints its own Clerk. The District Attorney and the Marshal are officers of both courts. ^ The greater number of cases coming before these Fed- eral Courts are those in which the United States is a party, or cases between citizens of another State and citi- zens of this State. 18o, Naturalization is the process by which an alien becomes a citizen, ^ Aliens are persons born in a foreign country. The word includes men, women and children. After living here a certain time, an alien may become a citizen. Congress prescribes the method. The alien must have lived in this country at least five years. But at least two years before he can become naturalized he must declare on oath before some court of record that he wishes to be, and intends to be, a citizen. When any court to whieh he may apply is satisfied that he has been in this country five years, and one year in the State M'licre the court is held, and has behaved as a man of good moral character, and has duly made his 1 The right to vote is another and a separate matter. The States regulate voting; the United States, naturalization. Kansas permits an alien to vote under certain conditions. See note 1, page 55. National Affairs. 133 declaration, it may admit him as a citizen. He renonnces his allegiance to his native land, and swears to snpport the Constitution of the United States. An alien residing in this country three years next preceding his becoming twenty-one, and who has resided here five years in all, may be naturalized without previous declaration. A soldier who is at least twenty-one years of age, regularly discharged from the United States army, may be admitted without declaration, and with but a single year's residence. ANALYSIS State Constitution, O O r state Boundaries Establislied Bill of r Rights. Affirms Guarantees Prohibits Defines Equal and inalienable rights All political poiver in the people People may assemble, and peti' tion May bear arms Powers not delegated remain with the people Religions liberty Liberty of the press Security against illegal search or seizure Bail Justice without delay Trial and defense Trial by jury ' Slavery Transportation from the State.... Attainder Imprisonment for debt Religious test or property quali- fication Hereditary honors or privileges. . Distinction between citizen and alien property Irrevocable grants of special pri- vileges Suspension of habeas corpus Excessive hail Twice in jeopardy Wittiessing against one's self. ^ Quartering of soldiers Treason PAGE 141 141 141 141 142 144 142 143 143 142 144 142 142 142 143 143 143 142 144 144 141 142 142 143 143 143 143 135 136 Analysis of the State Constitution. Rights of Woiiion Homestead, Debtor and iaiiiily State Capital rul)lic Ofiieers Public Aeeoiiiits State Printer Lotteries Prohibited Liquor Traffic Prohibited Departments of ^--"''- Governmefit. ^-•'/'•^•'-"•-' 1 Jttdicial I. ••Si ^ ^ ^ Cireneral Provisions. (iroveruor. State officers IVhen cJiosen J/oiv chosen Oath of office Term Salary Jieports of State officer. Hetnorals from office.... FJiyihUity Executes the laws May require iuformatioit. May adjourn I.eyi.slatare. Veto Appointtuents ('otn}ulssious Commatnler-in-chicf Ma y y ra nt 2>a rtloJis State seal Vacancy Lieutenant- f rrrshimt of sr,»atv Oovernor. ^^ JUconus Honrnor ^ Vacancies in Otlier Offices SEC. G 9. 8 1 5 4 3 10 ART. 1 144 2 147 3 151 SEC. 1 144 1 144 1 144 7 148 1 144 15 146 16 146 27 150 10 145 3 145 4 145 6 145 14 148 11 146 9 145 4 159 7 145 8 145 11 145 12 146 11 145 14 146 Av(ilj/>Tiere Tested. Judicial Districts General Provisions. Election of Judges. Hesiden ce of Judges J'ucuney, hotr Jilted Term of Supreme Judges.. Term of District Judges... Style of process Judges. Minor Officers. Jurisdiction. Supreme Court, salaries m.strict Court a I*rohate Court Ju.stices of the feace I*ro Tem. (District Court) Jtemoval Suju'eme and Dist. Judges.... Supreme Court, Cleric and Jteporter ... District Court, Clerk ( Supreme Court I District Court ■} JRrohate Court Judges, at Chamhen ^ Suifrai^e. J "^ J Education. Qualifications of voters J'roof of these Disqualifications Privileges of electors { Establishment... Cotnmon j Maintenance Schools. { Superintendence Control, religi- ous sects Higher Scliools. Establishment ... Maintenance Control, religi- ous sects Analysis of the State Constitution, 139 30 Public Institutions. \ ^"""t"'""' > Penal Counties and Towns. { Corporations. Banks. Militia. Organization ... doiinty officers. Town officers.... Itetnoval of. Defined. ( Hoiv crea ted.. I Dues from I Heliffious I Municipal , (^ Might of way . Estnhli.shed by general latv. Whenlan' in force State not a .stoehliolder Officers, where kept Deuotui nation of notes Security/ required Redemption of notes Defined Organization Comma nder-in-chief.. Officers j^ Amendments to Constitution SEC. PAGE 1 158 2 158 1 159 2 159 2 159 5 160 6 164 1 163 2 163 3 163 5 163 4 163 1 164 8 165 5 164 6 165 7 165 2 164 4 164 1 159 2 159 4 159 3 159 165 Constitution of the State of Kansas. TOOK EFFECT JANUARY 29, 1861. Preaifible. "We, the people of Kansas, grateful to Almighty God for our civil and religious privileges, in order to ensure the full enjoyment of our rights as American citizens, do or- dain and establish this Constitution of the State of Kansas, with the following boundaries, to wit: "beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence running west on said parallel to the twenty-fifth 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. 1. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness. 2. AH 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 spe- cial privileges or immunities 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. 3. The people have the right to assemble in a peaceable 141 142 Constitution of the Sfdte of Kansas. manner, to consult for their common good, to instruct their representatives, and to petition the government, or any de- partment thereof, for the redress of grievances. 4. The people have the right to bear arms for their de- fense and securit}^; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power. 5. The right of trial by jury shall be inviolate. 6. There shall be no slavery in this State; and no in- voluntary servitude, except for the i^unishment of crime, whereof the party shall have been duly convicted. 7. The right to worship God, according to the dictates of conscience, shall never be infringed; nor shall any per- son be compelled to attend or support any form of worship; nor shall any control of, or interference with, the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of Avorship. ^No religious test or property qualitication shall be required for any office of public trust, nor for any vote at any elec- tion, nor shall any person be incompetent to testify on ac- count of religious belief. 8. The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion. 9. All persons shall be bailable by sufficient sureties, except for capital offenses, where proof is evident or the presumption great. Excessive bail shall not be re- quired, nor excessive fines imposed, nor cruel or unusual punishment inflicted. 10. In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process Constitution of the State of Kansas. 143 to compel the attendance of witnesses in his behalf, and a speedy public trial by an imj^artial jury of the county or district in which the offense is alleged to have been com- mitted. No person shall be a witness against himself, or be twice put in jeopardy for the same offense. 11. The liberty of the press shall be inviolate; and all persons may freely speak, write or publish their sentiments on all subjects, being responsible for the abuse of such right; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libellous matter was published for justifi- able ends, the accused shall be acquitted. 12. ^o 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. 13. Treason shall consist only in levying war against the State, adhering to its enemies, or giving them aid and com- fort. No person shall be convicted of treason unless on the evidence of two witnesses to the overt act, or confession in open court. 14. No soldier shall, in the time of peace, be quartered in any house without the consent of the occupant ; nor in time of war, except as prescribed by law. 15. The right of the people to be secure in their persons and property against unreasonable searches and seizures, shall be inviolate; and no warrants shall issue but on pro- bable cause, supported by oath or affirmation, particularly describing the place to be searched, and the person or pro- perty to be seized. 16. No person shall be imprisoned for debt, except in cases of fraud. 17. No distinction shall ever be made between citizens of the State of Kansas and the citizens of other States and 144 Constitution of the State of Kansas. Territories of the United States in reference to the purchase, enjoyment or descent of property. The rights of aliens in reference to the purchase, enjoyment or descent of property may be regulated by law.i 18. All persons, for injuries suffered in person, repu- tation or property, shall have remedy by due course of law, and justice administered without delay. 19. Xo hereditary emoluments, honors or privileges shall ever be granted or conferred by the State. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people ; and all powers not herein delegated remain with the 2:)eople. ARTICLE I.— Executive. 1. The Executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor, Treas- urer, Attorney-General, and Superintendent of Public In- struction; who shall be chosen by the electors of the State at the time and place of voting for members of the Legis- lature, and shall hold their offices for the term of two years from the second Monday of January next after their elec- tion, and until their successors are elected and qualified. 2. Lentil otherwise provided by law, an abstract of the returns of every election, for the officers named in the foregoing section, shall be sealed up and transmitted, by the clerks of the Boards of Canvassers of the several coun- ties, 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 capitol on the second Tuesday of December succeeding each election for State officers, and canvass the vote for such officers, and proclaim the result ; but in case any two or more have an e(|ual and the highest number of votes, the 1 This section amended (as liere printed) in Xovember, 1888. Constitution of the State of Kansas. 145 Legislature shall, by joint ballot, choose one of said persons so having an equal and the highest number of votes for said office. 3. The supreme executive power of the State shall be vested in a Governor, who shall see that the laws are faithfully exe- cuted. ■i. He may require information in writing from the officers in the Executive department, upon any subject relating to their respective duties. 5. He may, on extraordinary occasions, convene the Legis- lature by proclamation, and shall, at tlie 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. 0. In case of disagreement between the two Houses in resjDect to the time of adjournment, he may adjourn the Legislature to such time as he may think proper, not beyond its regular meeting. 7. The pardoning power shall be vested in the Governor, under regulations and restrictions prescribed by law. 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. 9. All commissions shall be issued in the name of the State of Kansas; signed by the Governor, countersigned by the Secretary of State, and sealed with the great seal. 10. No member of Congress, or officer of the State, or of the L^nited States, shall hold the office of Governor, except as herein provided. 11. In case of the death, impeachment, resignation, re- moval or other disability of the Governor, the power and duties of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the President of the Senate. 10 1 46 Constitution of the State of Kansas. 12. The Lieutenant-Governor shall be President of the Senate, and shall vote only when the Senate is equally divided. The Senate shall choose a President pro temjyore, to preside in case of his absence or impeachment, or when he shall hold the office of Governor. 13. If the Lieutenant-Governor, while holding the office of Governor, shall be impeached, or displaced, or shall resign, or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed ; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing tlie duties j^ertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives. 14-. Should either the Secretary of State, Auditor, Treas- urer, Attorney-General, or Superintendent of Public Instruc- tion, become incapable of performing the duties of his office, for any of the causes specified in the thirteenth section of this article, the Governor shall fill the vacancy, until the disability is removed, or a successor is elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened ; and the person chosen shall hold the office for the unexpired term. 15. The officers mentioned in this article shall, at stated times, receive for their services a compensation, to be estab- lished by law, which shall neither be increased nor dimin- ished during the period for which they shall have been elected. 10. The officers of the Executive department, and of all public State institutions, shall, at least ten days preceding each regular session of the Legislature, severally report to the Governor, who shall transmit such reports to the Legis- lature. Constitatioii of the State of Kansas. 147 ARTICLE II.— Legislative. 1. The Legislative power of this State shall be vested in a House of Rei)reseiitatives and Senate. 2. The number of Representatives and Senators shall be reg- ulated by law, but shall never exceed one hundred and twenty- five Representatives and forty Senators. From and after the adoption of the Amendment (1873), the House of Represen- tatives shall admit one member from each county in which at least two hundred and fifty legal votes were cast at the next preceding general election ; and each organized county in which less than two hundred legal votes were cast at the next preceding general election shall be attached to and constitute a part of the Representative District of the county lying next adjacent to it on the east. ^ 3. The members of the Legislature shall receive, as com- pensation for their services, the sum of three dollars for each day's actual service at any regular or special session, and fif- teen cents for each mile travelled by the usual route in going to and returning from the place of meeting ; but such com- pensation shall not in the aggregate exceed the sum of two hundred and forty dollars for each member, as per diem al- lowance for the first session held under this Constitution, nor more than one hundred and fifty dollars for each session there- after, nor more than ninety dollars for any special session. 4. No person shall be a member of the Legislature who is not, at the time of his election, a qualified voter of, and resident in, the county or district for which he is elected. 5. No member of Congress or officer of the United States shall be eligible to a seat in the Legislature. If any person, after his election to the Legislature, be elected to Congress, or elected or appointed to any office under the United States, his acceptance thereof shall vacate his seat. 1 This section amended (as here printed) in November, 1873. 148 Condltution of the State of Kansas. 0. No person convicted of embezzlement or misuse of the public funds shall have a seat in the Legislature. 7. All State officers, before entering upon their respective duties, shall take and subscribe an oath or affirmation to sup- port the Constitution of the United States and the Constitu- tion of this State, and faithfully to discharge the duties of their respective offices. 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. 9. All vacancies occurring in either House shall be filled for the unexpired term by election. 10. Each House shall keep and publish a journal of its proceedings. The yeas and nays shall be taken, and entered immediately on the journal, upon the final passage of every bill or joint resolution. Neither House, without the consent of the other, shall adjourn for more than two days, Sundays excepted. 11. Any member of either House shall have the right to protest against any act or resolution; ami such j^rotest shall, without delay or alteration, be entered on the journal. 12. Bills may originate in either House, but may be amended or rejected by the other.^ 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. 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 Gov- ernor; if he approve, he shall sign it; but if not, he shall return it to the House of Representatives, which shall enter the objections at large upon its journal, and proceed to recon- sider the same. If, after such reconsideration, two-thirds of the members elected shall agree to pass the bill or resolution, 1 This section amended (as here printed) in Novemher, 1864. Co}iHiifufion of the State of Kansas. 149 it shall be sent, with the objections, to the Senate, by uliich it shall likewise be reconsidered, and if approved by two- thirds of all the members elected, it shall become a law. But in all such cases, the vote shall be taken by yeas and nays, and entered upon the journals of each House. If any bill shall not be returned within three days (Sundays excej^ted) 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 adjourment, prevent its return, in which case it shall not become a law. 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 a bill is pending may, if deemed expedient, sus- pend the rules; but the reading of the bill by sections, on its final j^assage, shall in no case be dispensed with. 16. No bill shall contain more than one sul)ject, which shall be clearly expressed in its title, and no law shall be revived or amended, unless the new act contain the entire act revived, or the section or sections amended, and the sec- tion or sections so amended shall be repealed. 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 laAV shall be enacted. 18. All power to grant divorces is vested in the District Courts, subject to regulation by law. 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 i:)ro- vide for the election or appointment of all officers and the filling of all vacancies not otherwise provided for in this Con- stitution. 20. The enacting clause of all laws shall be, "Be it enacted by the Legislature of the State of Kansas," and no law shall be enacted except by bill. 150 Coiistitutlon of the State of Kansas. 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 expe- dient. 22. For any speech or debate in either House, the mem- bers shall not be questioned elsewhere. No member of the Legislature shall be subject to arrest — except for felony or breach of the peace — in going to or returning from the place of meeting, or during the continuance of the session; neither shall he be subject to the service of any civil process during the session, nor for fifteen days previous to its commencement. 23. The Legislature, in providing for the formation and regulation of schools, shall make no distinction between the rights of males and females. 24. No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law, and no appropriation shall be for a longer term than two years. ^ 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.^ 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. 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 evi- dence. No person shall be convicted without the concurrence of two-thirds of the Senators. elected. 28. The Governor and all other officers under this Consti- ^ Section 24 amended (as here printed) in November, 1865. ^ Section 25 amended (as here jirinted) in November, 1866. Constitution of the State of Kansas. 151 tiition shall be subject to impeachment for any misdemeanor in office; but judgment in all such cases shall not be extended further than to removal from office, and disqualification to hold any office of profit, honor, or trust, under this Constitu- ticm; but the party, whether acquitted or convicted, shall be liable to indictment, trial, judgment, and punishment, accord- ing to law. 29. At the general election held in eighteen hundred and seventy-six, and thereafter, members of the House of Repre- sentatives shall be elected for two years, and members of the Senate shall be elected for four years. ^ ARTICLE III.— Judicial. 1. The Judicial power of this State shall be vested in a Supreme Court, District Courts, Probate Courts, Justices of the Peace, and such other courts, inferior to the Supreme Court, as may be provided by law; and all courts of record shall have a seal, to be used in the authentication of all process. 2. The Supreme Court shall consist of one Chief Justice and two Associate Justices (a majority of whom shall consti- tute a quorum), who shall be elected by the electors of the State at large, and whose term of office, after the first, shall be six years. At the first election a Chief Justice shall be chosen for six years, one Associate Justice for four years, and one for two years. 3. The Supreme Court shall have original jurisdiction in proceedings in quo ivarranto, mandamus, and habeas corpus; and such appellate jurisdiction as may be provided by law. It shall hold one term each year at the seat of government, and such other terms at such places as may be provided by law, and its jurisdiction shall be co-extensive with the State. 4. There shall be appointed by the Justices of the Supreme ^ Section 29 added in November, 1875. 152 Constitution of the State of Ixdu.^as, Court, a Reporter and Clerk of said Court, who shall hold their offices two years, and whose duties shall be prescribed by law. 5. The State shall be divided into five judicial districts, in each of which there shall be elected, by the electors thereof, a District Judge, who shall hold his office for the term of four years. District Courts shall be held at such times and places as may be provided by law. 6. The District Courts shall have such jurisdiction in their respective districts as may be provided by law. 7. There shall be elected, in each organized county, a Clerk of the District Court, who shall hold his office for two years, and whose duties shall be prescribed by law. 8. There shall be a Probate Court in each County, w^hich 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 corjnis. This court shall consist of one Judge, who shall be elected by the qualified voters of the county, and hold his office for two years. He shall be his own clerk, and shall hold court at such times, and receive for compensation such fees as may be prescribed by law. 9. Two Justices of the Peace shall be elected in each town- ship, Avhose term of office shall be two years, and whose powers and duties shall be prescribed by law. The number of Jus- tices of the Peace may be increased in any township by law. 10. All appeals from Probate Courts and Justices of the Peace shall be to the District Court. 11. All the judicial officers provided for by this article shall be elected at the first election under this Constitution, and shall reside in their respective townships, counties or districts during their respective terms of office. In case of vacancy in any judicial office, it shall be filled, by appointment of the Constitution of the State of Kansas. 153 Governor, until the next regular election that shall occur more than thirty days after such vacancy shall have happened. 12. AH judicial officers shall hold their offices until their successors shall have qualified. 13. The Justices of the Supreme Court and the Judges of the District Court shall, at stated times, receive for their ser- vices such compensation as may be provided by law, which shall not be increased during their respective terms of office: provided, such compensation shall not be less than fifteen hundred dollars to each Justice or Judge each year, and such Justices or Judges shall receive no fees or perquisites, nor hold any other office of profit or trust under the authority of the State or the United States during the term of office for which said Justices and Judges shall be elected, nor prac- tice law in any of the Courts in the State during their con- tinuance in office. 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. 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 substance of which shall be entered upon the journal, nor until the party charged shall have had notice and oppor- tunity to be heard. 1(>. The several Justices and Judges of the courts of record in this State, shall have such jurisdiction at chambers as may be provided by law. 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. 154 Constitution of the State of Kansas. 18. Until otherwise provided by law, the first district shall consist of the counties of Wyandotte, Leavenworth, Jeffer- son and Jackson. The second district shall consist of the counties of Atchison, Doniphan, Brown, Kemaha, Marshall and Washington. The third district shall consist of the counties of Pottawatomie, Riley, Clay, Dickinson, Davis, Wabaunsee and Shawnee. The fourth district shall consist of the counties of Douglas, Johnson, Lykins, Franklin, An- derson, Linn, Bourbon and Allen. The fifth district shall consist of the counties of Osage, Coffey, Woodson, Green- wood, Madison, Breckinridge, Morris, Chase, Butler and Hunter. 19. New or unorganized counties shall, by law, be at- tached, for judicial purposes, to the most convenient judicial district. 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. ARTICLE IT.— Elections. 1, All elections by the people shall be by ballot, and all elections by the Legislature shall be viva voce. 2. General elections shall be held annually, on the Tues- day succeeding the first Monday in November. Township elections shall be held on the first Tuesday in April, until otherwise provided by law. ARTICLE y.— Suffrage. 1. Every white ^ male person, of twenty-one years and up'wards, belonging to either of the following classes — who iThe word " white" became inoperative on March 30, 1870, b\^ the adoption of the Fifteenth Amendment to the Constitution of the United States. Constitution of the State of Kansas, 1 55 shall have resided in Kansas six months next preceding any election, and in the township or ward in which he offers to vote, at least thirty days next preceding such election — shall be deemed a qualified elector. First — Citizens of the United States. Second — Persons of foreign birth who shall have declared their intentions to become citizens, conformably to the laws of the United States on the subject of naturalization. 2, No person under guardianship, no7i compos mentis, or insane; no person convicted of felony, unless restored to civil rights; no person who has been dishonorably discharged from the service of the United States, unless reinstated ; no person guilty of defrauding the Government of the United States, or any of the States thereof ; no person guilty of giving or receiving a bribe, or offering to give or receive a bribe; and no person who has ever voluntarily borne arms against the Government of the United States, or in any manner volun- tarily aided or abetted in the attempted overthrow of said Government, except all persons who have been honorably discharged from the military service of the United States since the first day of April, A. d. 1861, provided that they have served one year or more therein, shall be qualified to vote or hold office in this State, until such disability shall be removed by a law passed by a vote of two-thirds of all the members in both branches of the Legislature.^ 3. For the purpose of voting, no j^erson shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas, nor while a student of any seminary of learning, nor while kept at -any almshouse or other asylum at public expense, nor while con- fined in any public prison ; and the Legislature may make * This section amended (as here printed) in November, 1867. 156 Conditution of ilie State of Kxiiims. provision for taking the votes of electors who may be absent from their townships or wards, in the volunteer military ser- vice of the United States, or the militia service of this State; but nothing herein contained shall be deemed to allow any soldier, seaman, or marine, in the regular army of the United States, the right to vote. ^ 4. The Legislature shall pass such laws as may be neces- sary for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established. 5. Every person who shall give or accept a challenge to figlit a duel, or who shall, knowingly, carry to another person such challenge, or shall go out of the State to fight a duel, shall be ineligible to any office of trust or profit. 0. 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. 7. Electors, during their attendance at elections, and in going to and returning therefrom, shall be ^^I'i^'ilpged from arrest in all cases except treason, felony, or breach of the peace. ARTICLE TI.— Education. 1. The State Superintendent of Public Listruction shall have the general suj^ervision of the common school funds and ed'Ucational 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 com- pensation shall be prescribed by law. 2. The Legislature shall encourage the promotion of intel- lectual, moral, scientific, and agricultural improvement, by establishing a uniform system of common schools, and schools of a higher grade, embracing normal, preparatory, collegiate, and university departments. 1 This section amended (as here printed) in November, 1861. Constitution of the State of Kamas. 3. The proceeds of all lands that have been, or may be, granted by the United States to the State, for the support of schools, and the five hundred thousand acres of laud granted to the new States, under an act of Consjress distributincr the proceeds of public lands among the several States of the Union, approved September 4, A. d. 1841, and all estates of persons dying without heir or will, and such per cent, as may be granted by Congress on the sale of lands in this State, shall be the common property of the State, and shall be a perpetual school fund, Avhich 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 ap^^ropriated to the support of the common schools. 4. The income of the State school fund 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 chil- dren 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. 5. The school lands shall not be sold, unless such sale shall be authorized by a vote of the people at a general elec- tion ; but, subject to a re- valuation every five years, they may be leased for any number of years, not exceeding twenty- five, at a rate established by law. 6. All money which shall be paid ]\v persons as an equiv- alent 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 exclusively applied, in the several counties in which the money is paid or fines collected, to the support of common schools. 158 Constitution of the State of Kansas. 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 Agricultural department. All funds arisiuo- from the sale or rents of lands granted by the United States to the State for the support of a State University, and all other grants, donations, or bequests, either by the State or by indi- viduals, for such purpose, shall remain a perpetual fund, to be called the "University Fund," the interest of which shall be appropriated to the support of the State University. 8. No religious sect or sects shall ever control any part of the Common School or University Funds of the State. 9. The State Superintendent of Public Instruction, Secre- tary of State, and Attorney-General shall constitute a Board of Commissioners for the management and investment of the school funds. Any two of said Commissioners shall be a quorum. ARTICLE yil.— Public Institutions. 1. Institutions for the benefit of the Insane, Blind, and Deaf and Dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the State, subject to such regulations as may be prescribed by law. Trustees of such benevolent institutions as may be hereafter created shall be appointed by the Governor, by and with the advice and consent of the Senate; and upon all nominations made by the Governor, the question shall be taken in yeas and nays, and entered upon the journal. 2. A Penitentiary shall l)e established, the directors of M'hich shall be appointed or elected, as i)rescribed by law. 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. Con.sfi[i(tio)i of the Htatc of Kansas. 159 4. The respective counties of the State shall 2)rovide, 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 YIII.— Militia. 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 whatever, who, from scruples of conscience, may be averse to bearing arms, shall be exempted therefrom, upon such con- ditions as may be prescribed by law. ^ 2. The Legislature shall provide for organizing, equipping and disciplining the militia in such manner as it shall deem expedient, not incompatible with the laws of the United States. 3. Officers of the militia shall be elected or appointed, and commissioned in such manner as may be provided by law. 4. The Governor shall be Commander-in-Chief, and shall have power to call out the militia to execute the laws, to sup- press insurrection, and to repel invasion. ARTICLE IX.— County and Township Organization. L The Legislature shall provide for organizing new coun- ties, locating county-seats, and changing county lines; and 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. 2. The Legislature shall provide for such county and town- ship officers as may be necessary. 1 This section amended in Noveniher, 1888, by striking out the word "white" before "male" in first line. 160 Constitution of the /State of Kansas. 3. All county officers shall hold their offices for the term of two yeare, 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 Commis- sioner elected from the District Number One in each county shall hold his office for the term of one year, the Conmiissioner elected from District Kumber Two in each county shall hold his office for the term of two years, and the Commissioner elected from District Number Three in each county sliall 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. 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. 5. All couuty and township officers may be removed from office, in such manner and for such cause as shall be prescribed by law. ARTICLE X.— Apportioiinient. 1. In the future apportionment of the State, each organized county shall have at least one Representative ; and each county shall be divided into as many districts as it has Repre- sentatives. 2. It shall be the duty of the first Legislature to make an apportionment, based upon the census ordered by the last Legislative Assembly of the Territory; and a new apportion- ment shall be made in the year 1866, and every five years thereafter, based upon the census of the preceding year. 3. Until there shall be a new apportionment, the State shall be divided into election districts; and the Representatives and Senators shall be apportioned among the several dis- tricts as follows, viz. : Constitution of the State of Kansas. 161 First District — Doniphan county — four Representatives, two Senators. Second District — Atchison and Brown counties — six Repre- sentatives, two Senators. Third District — Nemaha, Marsliall, and Washington coun- ties — two Representatives, one Senator. Fourth District — Clay, Riley, and Pottawatomie counties — four Representatives, one Senator. Fifth District — Dickinson, Davis, and Wabaunsee counties — three Representatives, one Senator. Sixth District — Shawnee, Jackson, and Jefferson counties — eight Representatives, two Senators. Seventh District — Leavenworth county — nine Representa- tives, three Senators. Eighth District — Douglas, Johnson, and Wyandotte coun- ties — thirteen Representatives, four Senators. Ninth District — Lykins, Linn, and Bourbon counties — nine Representatives, three Senators. Tenth District — Allen, Anderson, and Franklin counties — six Representatives, two Senators. Eleventh District — Woodson and Madison counties — two Representatives, one Senator. Twelfth District — Coffey, Osage, and Breckinridge coun- ties — six Representatives, two Senators. Thirteenth District — Morris, Chase, and Butler counties — two Representatives, one Senator, Fourteenth District — Arrapahoe, Godfrey, Greenwood, Hunter, Wilson, Dorn, and McGee counties — one Representa- tive. - ARTICLE XI.— Finance and Taxation. 1, The Legislature shall provide for a uniform and equal rate of assessment and taxation ; but all property used ex- clusively for State, county, municipal, literary, educational, scientific, religious, benevolent, and charitable purposes, and 11 162 Constitution of the State of Kcnisas. • _^ personal property to the amount of at least tAvo hundred dollars for each family, shall be exempted from taxation. 2. The Legislature shall proyide for taxing the notes and bills discounted or purchased, moneys loaned, and other prop- erty, effects, or dues of every description (without deduc- tion), of all banks now existing, or hereafter to be created, and of all bankers; so that all property employed in banking shall always bear a burden of taxation equal to that imposed upon the property of individuals. 3. The Legislature shall provide, at each regular session, for raising sufficient revenue to defray the current expenses of the State for two years. ^ 4. No tax shall be levied except in pursuance of a law, which shall distinctly state the object of the sanie, to which object only such tax shall be applied. 5. For the purpose of defraying extraordinaiy expenses, and making public improvements, the State nu\y contract ])ublic debts; but such debts shall never, in the aggregate, exceed one million dollars, except as hereinafter provided. Every such debt shall be authorized by law for some purpose specified therein, and the vote of a majority of all the mem- bers elected to each House, to be taken by the yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal thereof, when it shall become due; and shall specifically ap- propriate the proceeds of such taxes to the payment of such l)rincipal and interest; and such appropriation shall not be repealed, nor the taxes postponed or diminished, until the in- terest and principal of such debt shall have been wholly paid. 6. No debt shall be contracted by the State, except as herein i)rovided, unless the proposed law for creating such debt shall first be submitted to a direct vote of the electors i This section amended (as here printed) in November, 1875. Constitution of the State of Kansas. 163 of the State, at some general election ; and if such proposed law shall be ratified by a majority of all the votes cast at such general election, then it shall be the duty of the Legis- lature next after such election to enact such law and create such debt, subject to all the provisions and restrictions pro- vided in the preceding sections of this article. 7. The State may borrow money to repel invasion, sup- press insurrection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created. S. The State shall never be a party in carrying on any works of internal improvement. ARTICLE XII.— Corporations. 1. The Legislature shall pass no special act conferring cor- porate powers. Corporations may be created under general laws, but all such laws may be amended or repealed. 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 liability shall not apply to railroad corporations, nor corporations for religious or charitable purposes. 3. The title to all property of religious corporations shall vest in trustees, whose election shall be by the members of such corporations. 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. 5. Provision shall be made by general law^ for the organ- ization of cities, towns, and villages ; and their power of 164 Constitution of the State of Kansas. taxation, assessment, borrowing money, contracting debts, and loaning their credit, shall be so restricted as to prevent the abuse of such power. G. The term corporations, as used in this article, shall include all the associations and joint-stock companies having powers and privileges not possessed by individuals or part- nerships; and all corporations may sue and be sued in their corporate name. ARTICLE XIII.— Banks and Currency. 1. No bank shall be established otherwise than under a general banking law. 2. All banking laws shall require as collateral security for the redemption of the circulating notes of any bank organized under their provision, a deposit with the Auditor of State of the interest-paying bonds of the several States, or of the United States, at the cash rates of the New York Stock Exchange, to an amount equal to the amount of circu- lating notes which such bank shall be authorized to issue, and a cash deposit in its vaults of ten per cent, of such amount of circulating notes; and the Auditor shall register and countersign no more circulating bills of any bank than the cash value of such bonds when deposited. 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 circulation unimpaired. 4. All circulating notes shall be redeemable in the money of the United States. Holders of such notes shall be enti- tled, in case of the insolvency of such banks, to preference of payment over all other creditors. 5. The State shall not be a stockholder in any banking institution. Conditutioii of the State of Kansas . 165 6. All banks shall be required to keep offices and officers, for the issue and redemption of their circulation, at a conve- nient place within the State, to be named on the circulating notes issued by such banks. 7. No banking institution shall issue circulating notes of a less denomination than one dollar. ' 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. 9. Any banking law may be amended or repealed. ARTICLE XIT.— Ameiidineuts. 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 tlie yeas and navs, shall be entered on the journal; and the Secretary of State shall cause the same to l)e pul)]ishcd in at least one newspaper in each county of the State where a newspaper is published, for three months preceding the next election for Represen- tatives, 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 enable the electors to vote on each amendment separately; and not more than three propositions to amend shall be sub- mitted at the same election. 2. Whenever two-thirds of the members elected to each branch of the Legislature shall think it necessary to call a 1 This section amended (as here i^rinted) in November, 1861, 1 60 Conditation of tJie State of Kansas. convention to revise, amend, or change this Constitution, they shall recommend 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, the Legislature shall, at the next session, provide for calling the same. ARTICLE XT.— Miscellaneous. 1. All officers whose election or appointment is not other- wise provided for, shall be chosen or appointed, as may be prescribed by law. 2. The tenure of any office not herein provided for may be regulated by law; when not so declared, such office shall be^held during the pleasure of the authority, making the ap- pointment ; but the Legislature shall not create any office the tenure of which shall be longer than four years. 3. Lotteries and the sale of lottery tickets are forever pro- hibited. 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 session of the Legislature for the election of a State printer shall be on the third Tues- day of January, A. d. 18G9, and every two years thereafter. All public printing shall be done at the ca^^ital, and the prices for the same shall be regulated by law. 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. 6. The Legislature shall provide for the protection of the rights of women, in acquiring and possessing property, real, personal, and mixed, separate and apart from the hus- band; and shall also provide for their equal rights in the possession of their children. Coii.stifafion of the Stale of Kansas. 1 07 7. The Legislature may reduce the salaries of officers wlio siiall neglect the performance of any legal duty. 8. The temporary seat of government is hereby located at the city of Topeka, county of Shawnee. The first Legislature under this Constitution sluill 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. 9. A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale, under any pro- cess of law, and shall not be alienated without the joint con- sent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the pay- ment of obligations contracted for the purchase of said prem- ises, or for the erection of improvements thereon; j^^^ovided, 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 Avife. 10. The manufiicture and sale of intoxicating liquors shall be forever prohibited in this State except for medical, scien- tific, and mechanical purposes. ^ ^ This section was adtled as a new section in November, 1880. INDEX TO LOCAL GOVERNMENT IN KANSAS. Academy of Science, 84.* Acts, legislative — when in force, 119. Agent, State, 103. Agricultural College, the, 149. Society, State, 81. Assembly, the, 105. Assessments (taxes), 137. Assessor, City, 58, 139. Township, 139. Assessors, E-ailroad, 78. Associate Justices, 122. Asylum, Blind, 155. Deaf and Dumb, 156. Feeble- Minded, 156. Insane, 154. Orphan, 160. Attorney, City, 58. County, 41. Attorney-General, 74. Auditing Board, Township, 22, 23. Auditor, County, 43. Australian Ballot Law, 17. Base Line, 173. Benevolent Institutions, 152-160. Bills, legislative, 115. reading of, 116. signed by, 118. vote necessary to pass, 118. Blind Asylum, 155. Board of Education, City, 63. State, 87. Board of Equalization, County, 140. State, 141. Board of Health, County, 44. State, 44 (note), 90. Board of Pardons, State, 92. Board of Pharmacy, State, 92. Board of Trustees of Charitable In- stitutions, State, 89. " Called Session " of Legislature, 112. Canons — four— of Taxation, 133. Canvassers, County, 35. State, 67. Certificates, State, 87. Charitable Institutions, Trustees of, 89. Chief Justice, 122. Circuit Court, U. S., 183. Cities, 50-65. Classification of, 51. City Assessor, 58, 139. Attorney, 68. Board of Education, 63. Clerk, 58. Eugineer, 62. Government, 55. Market-Master, 60. Mayor, 56. Officers, 56-62. Ordinances, 55. Organization , 52, Police Judge, 57. Prisons, 163. Registration, 53. Schools, 63. Street Commissioner, 62. Superintendent, 63. Taxes, 138. Treasurer, 58. Weigh-Master, 59. Clerk, City, 58. County, 36. The figures refer to the paragraphs in the body of the work, from page 53 to page , uiclusive. The Analysis" must serve as an index to the Constitution. 169 170 In flex. Clerk, District Court, 4:5 (note), 124. School District, 7. Supreme Court, 122. Township, 20. U. S. District Court, 183. Clerks, Legislature, 113. Commissioner of Fisheries, 98. Labor Statistics, 90. Commissioners, County, 3"). Commissioners of Highways, Township, 22. Committee of the Whole, 114. Committees, legislative, 114. Compulsory Law, educational, 9. Conductor, Normal Institute, 148 (note) . Congressional Districts, 182. Congressmen, 182. election of, 182. qualifications, 182. term, 182, Constables, 26. Convergence of Meridians, 176. Convicts, efiforts to reform, 167. employment of, 367. punishment of, 166. Coroner, 40. Correction lines, 177. Corruption of courts, 131, Counties, how established, 31, number of, 31 (note). County, the, 31-40. County Attorney, 41. Auditor, 43. Board of Equalization, 140. Board of Health, 44. Canvassers, 35, Clerk, 36. Commissioners, 35. Coroner, 40. Elections, 34. Examiners, 46, Health Officer, 44, High Schools, 147. County Jails, 164, 16.-). Normal Institutes, 148 (note). Officers, 34-47. Organization of, 32. Eegister of Deeds, 38, Seat, how chosen, 33, -^ SherifiF, 39, Superintendent of Instruction, 45. creates school districts, 2. in cities, 63, Surveyor, 42. System, 15, Tax, 139, Treasurer, 37, Court Common Pleas (Sedgwick County), 123 (note), District, 121, 123, Justice's, 27, 129. Police, 57. Probate, 125, Supreme, 122. U. S. Circuit, 184. LT. S. District, 183. Crime, how to lessen or prevent, 170, Criminals, defined, 162, Danger, in cities, 65. Deaf and Dumb Asylum, 156. Defective classes, the, 154. Director, School District, 7. District Attorney, U. S., 183. District Courts, 121, 123. District Court, Clerk, 124. Judge, 124. Stenographer, 124. Terms, 123. U. S.,183. District Judge, TJ. S., 183. District (School) Tax, 138. Districts, legislative, how deter- mined, 108. Eepresentative, 108. Senatorial, 107. Doorkeepers, 113. Index. 171 Education, Higher, 144, 151. State Board of, 87. Elections, how conducted, 17. County, 34. State, G7. Township, 17. Electors, who are? 4 (note). Presidential, 180. Emhezzlement, State Funds, 73. Emporia Normal School, 148. Engineer, City, 62, Equalization, County Board, 140. State Board, 141. Examiners, County Board, 46. Examining Board, State, 73. Executive Council, 76. Feehle-Minded, Asylum for, 156. Felony defined, 162. Fence- Viewers, 24. Fisheries, Commissioner of, 98. Free Schools, why established, 1. Government Survey, 171. Governor, 69. Graded Schools, 145. Grand Jury- 127. Health, County Board of, 44. State Board of, 90. Health Officer, County, 44. Higher Education, 144-151. High Schools, 146, 147. Highways, 22, 25 (note to each). Historical Society, State, 86. House of Representatives, 105. Improvement Taxes, 137. Infamous Crimedefined, 162(note). Initial Point, 172. Inquest, Coroner's, 40. Insane, the, 154. Insane Asylums, 154. Inspector of Mines, 97. Oils, 61, 100. Instructor, Normal Institute, 148 (note). Insurance, State Superintendent of, 94. Jails, County, 164, 165. Joint District, 8. Joint Sessions, Legislature, 112. Judge District Court, 124. Police Court, 57. Supreme Court, 122. U. S. Circuit Court, 184. U. S. District Court, 183. Judicial Districts, number of, 123. Judiciary, organization, 121. Judiciary, the, 121-131. Juries, 127-130. Jury, exemi)tions from, 130 (note). Grand, 127. Justices' Court, 27, 129. Petit, 128. Trial by, 127. Justices of the Peace, 27. Labor Statistics, Commissioner of, 96. Land Office, State, 72. Land Surveys, 171-179. Legislation, objects of, 120. Legislative Districts, how deter- mined, 108. Legislators, election, 110. pay. 111. qualifications, 109. Legislature, the, 105-120. Acts, when in force, 119. Bills, 115. reading of, 116. signed by, 118. vote necessary to pass, 116. "Called Session," 112. Clerks, 113. Committee of the Whole, 114. Committees, 114, Doorkeepers, 113. Joint Session, 112. Limit of Session, 112. . Overriding a veto, 118. 172 Index. Legislature, Pages, 113. Petitions, 115. Pocket Veto, 118. Postmaster, 113. Regular Sessions, 112, Secret Session, 112. Sergeant-at-Arms, 113. Sessions, 111. Speaker, 113. Special Committees, 114. Special Session, 112. Standing Committees, 114. Veto, 118. Librarian, State, 95. Library, School District, 10. Lieutenant-Governor, 70. Live-Stock Sanitary Commission, 83. "Lock in Legislation," 117. Lower House, 105. Manhattan (Agricultural) College, 149. Market-Master, City, GO. Marshal, City, 57. U. S,, 183. Mayor, 56. Medical Examiners, State, 91. Meridians, convergence of, 176. Mileage of legislators, 11. Mine Inspector, State, 97. Misdemeanor, defined, 27, 162. Municipal Corporations, 16 (note). National affairs, 180-185. Natiiralization, 185. Normal Institutes, County, 148 (note). Normal Schools, 148. Notaries Public, 47. Oath, official, 5 (note). Occupation Tax, 136. Officers, City, 56-62. County, 34-47. Number of Local, 29 (note). Officers, School District, 5-7. State, 68-75. Township, 18-28. Oils, Inspector of, 61, 100. Ordinances defined, 55. Orphan Asylum, 160. < )verriding a veto, 118. Overseers of the Poor, 151. Pages, 113. Pardons, State Board of, 88. Patent (deed), U. S., 179. Paupers, 157. Penal Institutions, 161-170. Penitentiary, 166. Officers, 166. Punishment in, 166. Personal Property defined, 138 (note). Petit Jury, 128. Petitions, 115. Pharmacy, State Board of, 92. Pocket Veto, 118. Police Judge, 57. Political Parties, origin of, 104. Poll-book, 17. Poll-tax, 135. Poor-Farm, 157. Posse, Sheriff's, defined, 39. Postmaster, Legislature, 113. Presidential Electors, 180. Principal of city schools, 63. Principal Meridian, 172. Printer, State, 93. Prisons, City, 165. Probate Court, 125. Terms, 125. Probate Judge, examines County Treasurer's accounts, 37. ■ and the insane, 154. Public Buildings, inspection of, 90. land grants for, 66. Public Offences, 162. Ptailroad Assessors, 78. Commissioners, 77. Index. 173 Kange Lines, 174. Ranges, in Kansas, 178. Ratio of Representation, 182. Real Estate defined, 138 (note). Redemption from tax sales, 142. Reformatory, State, 169. Reform School, State, 168. Register of Deeds, County, 38. Register of State Land Office, 72. Registration of voters, 53. Regular Sessions, Legislature, 112. Reporter, Supreme Court, 122. Representation in Legislature, 106. Rejireseutation Districts, 48, 108. Representatives, number of, 48, 105. pay, 111. qualifications, 109. term of office, 110. Representatives, U. S., 182. Road-Overseer, 25. defined, 25 (note). • permanent, 22. Road-tax, 134. School Age, 2. School District, 1-12. Annual Meeting, 4. Clerk, 7. Director, 7. District Board, 6. Joint District, 8. Library, 10. Name, 3. Officers, 5-7. Organization, 3. Treasurer, 7. Union District, 8. School-Fund Commissioners, 79. Schools, City, 63. endowment, 66. Secret Sessions, Legislature, 112. Secretary of State, 71. Sections, 179. Senate, 105. Senatorial Districts, 48, 107. Senators, State, number, 48, 105. Senators, State, term, 110. Senators, U. S., election, 181. qualifications, 181. term, 181. Sergeant-at-Arms, 113. Sheriff, 39. Sinking-Fund defined, 80. Commissioners, 80. Sixth (or Kansas) Principal Merid- ian, 172. Soldiers' Orphans' Home, 159. Speaker, Legislature, 113. Special Committees, 114. Special Sessions, Legislature, 112. Standard Parallel, 177. Standing Committees, 114. State, the, 66-104. Agent, 103. Agricultural Society, 81. Auditor, 72. Board of Agriculture, 81. Education, 87. Equalization, 141. Health, 44 (note), 90. Pharmacy, 92. Trustees of Charitable In- stitutions, 89. Canvassers, 67. Certificates, 87. Elections, 67. Examining Board, 73. Historical Society, 86. Medical Examiners, 91. • Mine Inspector, 97. Officers, 68-103. . Organization, 66. Printer, 93. Reformatory, 169. Reform School, 168. Superintendent of Instruction, 75. Tax, 138. Treasurer, 73. University, 150. Veterinary Surgeon, 83. 174 Index. Stenographer, District Court, 124. Street Commissioner, City, 62. Superintendent of Instruction, City, 63. County, 45. Insurance, State, 94. State, 94. Supreme Court, 122. Associate Justices, 122. Chief Justice, 122. Clerk, 122. Reporter, 122. Terms, 122. Survey, U. S., 31, 171-179. Surveyor, County, 42. Tax, assessments, 137. City, 138. city improvement, 137. County, 138. District, 138. occupation, 136. poll, 135. road, 134. rolls, 140. sales, 142. State, 138. Township, 138. Taxation, 132-143. ■ defined, 132. four canons of, 133. property exempt from, 138 (note). Taxes, a charge on land, 142. defined, 132. how paid, 142. legal ground for, 132. Terms, Probate Court, 125. Supreme Court, 122. Territorial Legislature, and coun- ties, 31. Text-books, uniformity in, 11. Township, the, 13-30. Assessor, 139. Aud.ting Board, 22, 23. Township Clerk, 20. Commissioners of High ways,22 Constables, 26. Elections, 17. Fence- Viewers, 24. J ustices of the Peace, 27. Lines (survej^s), 175. Township, Name, 16. Oflicers, 18, 28. Organization, 16. Road-Overseer, 25. Tax, 138. • Treasurer, 21. Trustee, 19. Townshii^s (surveys), 176, 178. New England method, 15. ■ Southern method, 15. Western method, 15. Treasurer, City, 58. County, 37. School District, 7. State, 73. Township, 21. True Bill (Grand Jury), 127. Trustee, Township, 19. Trustees of Charitable Institutions, State, 89. Uniformity of Text-books, 11. Union District, 8, 145. University, the State, 150. Upper House, Legislature, 105. U. S. Circuit Court, 184. U. S. District Court, 183. U. S. Survey, 13, 171-179. Vagabonds defined, 161. Vagrants defined, 161. Veterinary Surgeons, State, 83. Veto, 118. overriding a, 118. pocket, 118. Vote necessary to pass a bill, 116. Weigh-Master, City, 59. Women, can vote — when, 4 (note). •-vS-SE?i Sn*«"»:^ ■ ^ ^ «* A* ^ W^3m f^m .. ^'-'A.- IW ^ ■:^:t ^:^ LIBRARY OF CONGRESS III 111 nil I Mill III II III 016 088 195 1 ->>^