USA > Kansas > Kansas; a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. with a supplementary volume devoted to selected personal history and reminiscence, Voilume I > Part 73
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Executions .- The plaintiff wishing to execute his judgment must apply to the clerk of the court rendering it, who will issue a writ directed to the sheriff of the county, ordering a seizure and sale of sufficient property of the defendant to satisfy the judgment and costs. Lands, tenements, goods and chattels not exempt by law are subject to the payment of debts and are liable to be taken on execution and sold. All real estate, not bound by the lien of the judgment, as well as goods and chattels of the debtor, are bound from the time they are seized in execution. If execution is not sued out within five years from the date of any judgment, including judgments in favor of the state or any municipality in the state, or if five years intervene between the date of the last execution issued on such judgment and the time of suing out another writ of execution thereon, such judgment becomes dormant and ceases to operate as a lien on the estate of the judgment debtor.
The officer who levies upon goods and chattels, by virtue of an execu- tion issued by a court of record, before he proceeds to sell the same, must cause public notice to be given of the time and place of sale.
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The notice must be given by advertisement, published in some news- paper printed in the county, or if none is printed therein by posting advertisements in five public places in the county. Two advertisements must be put up in the township where the sale is to be held. Lands and tenements taken on execution must not be sold until the officer cause public notice of the time and place of sale to be given for at least 30 days before the day of sale. All sales of lands or tenements under execution must be held at the court-house in the county where they are situated. The officer to whom a writ of execution is deliv- ered must proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found the officer indorses on the writ of execution "No goods," and forthwith levies upon the lands and tenements of the debtor which may be liable to satisfy the judgment. If any of such lands and tenements be encum- bered by mortgage or any other lien or liens, such lands and tenements may be levied upon and appraised and sold subject to such lien or liens, which must be stated in the appraisement. If on any sale made there is in the hands of the sheriff or other officer more money than is sufficient to satisfy the writ or writs of execution, with interest and costs, the balance must be paid to the defendant or his legal representa- tives. The defendant owner may redeem any real property sold under execution, at the amount sold for, together with interest, costs and taxes, at any time within eighteen months from the day of sale, and shall in the meantime be entitled to the possession of the property. If he leaves the property it is deemed a forfeiture of his rights.
Executive Council .- The executive council of the State of Kansas was created by the act of March 10, 1879. It consists of the governor, secretary of state, auditor, treasurer, attorney-general and superintend- ent of public instruction, a majority of whom shall constitute a quorum for the transaction of business. By the provisions of the act, the coun- cil is required to hold regular meetings on the last Wednesday of each month; examine all official bonds of the state officers, warden of the penitentiary, regents, trustees and superintendents 'of charitable and benevolent institutions; have charge and care of the state-house and grounds ; provide furniture for the state offices and the legislature ; make estimates of stationery and advertise for proposals for furnish- ing the same; approve the estimates of the state printer for materials, etc.
Exemptions .- Under the constitution as adopted in 1859 "A home- stead to the extent of 160 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 improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists ; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon: Pro-
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vided, The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife."
While the constitutional convention was in session, a warm debate occurred over the incorporation of this section, and it was finally decided to submit it to a vote of the people, as a separate proposition, leaving to them the question whether it should become a part of the constitution. At the election the homestead exemption clause was ratified by a vote of 8,788 to 4,772, and was therefore made a part of the constitution.
It is provided by appropriate legislation that whenever any levy shall be made upon the lands or tenements of a householder whose home- stead has not been selected and set apart, such householder, his wife, agent or attorney may notify the officer in writing at the time of mak- ing such levy, or at any time before the sale, of what he regards as his homestead, with a description thereof, and the remainder alone shall be subject to sale under such levy.
Under the statute, every person residing in this state and being the head of a family shall have exempt from seizure and sale upon any attachment, execution or other process issued from any court in the state, the following articles of personal property: The family Bible, school books, and family library ; family pictures ; musical instruments used by the family ; a seat or pew in any church or place of public worship; a lot in any burial-ground; all the wearing apparel of the debtor and his family; all beds, bedsteads and bedding used by the debtor and his family; one cooking-stove and appendages, and all other cooking utensils; all other stoves and appendages necessary for the use of the debtor and his family; one sewing-machine, all spinning- wheels, looms, or other implements of industry ; all other household furniture not herein enumerated, not exceeding in value $500; 2 cows, Io hogs, one yoke of oxen, one horse or mule, or in lieu of one yoke of oxen and one horse or mule, a span of horses or mules; 20 sheep and the wool from the same, either in the raw material or manufactured into yarn or cloth; the necessary food for the support of the stock mentioned for one year, either provided or growing, or both, as the debtor may choose ; one wagon, cart or dray, two plows, one drag and other farming utensils, including harness and tackle for teams, not exceeding in value $300; the grain, meat, vegetables, groceries and other provisions on hand, necessary for the support of the debtor and his family for one year; all the fuel on hand necessary for their use for one year; the necessary tools and implements of any mechanic, miner or other person, used and kept in stock for the purpose of carry- ing on his trade or business, and in addition thereto, stock in trade not exceeding $400 in value; the library, implements, and office furniture of any profesisonal man.
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The following property only is exempt from attachment and execu- tion, when owned by any person residing in this state, other than the
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head of a family: The wearing apparel of the debtor ; a seat or pew in any church or place of public worship; a lot in any burial-ground; the necessary tools and instruments of any mechanic, miner or other person, used and kept for the purpose of carrying on his trade or busi- ness, and, in addition thereto, stock in trade; the library, implements. and office furniture of any professional man.
No personal property is exempt from taxation or sale for taxes under the laws of the state, and none of the personal property mentioned is exempt from attachment or execution for the wages of any clerk, mechanic, laborer or servant. The earnings of the debtor for his per- sonal services at any time within three months next preceding an order of execution cannot be levied upon when it is made to appear by the- debtor's affidavit or otherwise that such earnings are necessary for the use of a family supported wholly or partly by his labor. Wages earned and payable outside of this state are exempt from attachment or garnishment in all cases where the cause of action arose outside of the state, unless the defendant in the attachment or garnishment suit is personally served with process. The money that may have been received by any debtor as pensioner of the United States within the three months next preceding the issuing of an execution, attachment or garnishment process, cannot be applied to the payment of the debts of such pensioner when it is made to appear by the affidavit of the debtor or otherwise that such pension money is necessary for the maintenance of a family supported wholly or in part by said pension money.
A tenant may waive, in writing, the benefit of the exemption laws of this state for all debts contracted for rents, but with this exception neither the husband nor wife alone can waive his or her rights under the exemption laws as here outlined. The most important feature of the exemption laws of Kansas is that which protects the homestead and makes secure the abiding place of the family of the unfortunate debtor.
Exeter, an inland hamlet of Clay county, is situated about 10 miles southwest of Clay Center, the county seat, and most convenient rail- road station, from which place mail is received by the inhabitants by rural delivery.
Exodus .- (See Negro Exodus.)
Experiment Stations .- The Kansas Agricultural Experiment station, an adjunct of the Agricultural College at Manhattan, is the most im- portant station in the state. It was organized under the provisions of an act of Congress, approved March 2, 1887, commonly known as the "Hatch Act" and designated as "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provision of an act approved July 2, 1862, and the acts supplementary thereto." The objects of this measure is stated as being, "in order to aid in acquiring and diffusing among the people of the United States useful and practical information on subjects con-
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nected with agriculture, and to promote scientific investigation and experiment respecting the principles and practice of agricultural science." The law specifies in detail, "that it shall be the object and duty of said experiment stations to conduct original researches or verify experiments on the physiology of plants and animals; the dis- eases to which they are severally subject, with remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a varying series of crops ; the capacity of new plants or trees for acclimation; the analysis of soils and waters; the chemical composi- tion of manures, natural and artificial, with experiments designed to test their comparative effects on crops of different kinds; the adapta- tion and value of grasses for forage plants; the composition and digestibility of the different kinds of food for domestic animals; the scientific and economic questions involved in the production of butter and cheese; and such other researches or experiments bearing directly on the agricultural industry of the United States, as may in each case be deemed advisable."
On the day following the passage of the Hatch act, the legislature of the State of Kansas, which was then in session, passed a measure, approved March 7, 1887, accepting the conditions of the Hatch act and appointing the board of regents of the Agricultural College as sponsors for the fulfillment of its conditions. Until 1958 all the expenses of the experiment station were provided for by the Federal government. The Hatch bill carried an annual Congressional appropriation of $15,000. In March, 1906, the Adams act was approved by the president. This bill provided, "for the more complete endowment and maintenance of agricultural experiment station, a sum beginning with $5,000 and increasing each year by $2,000 over the preceding year for five years, after which time the annual appropriation was to be $15,000, "to be applied to paying the necessary expenses of conducting original researches or experiments bearing directly on the agricultural industry of the United States, having due regard to the varying conditions and needs of the respective states and territories." It further provided that "no portion of said moneys exceeding five per centum of each annual appropriation shall be applied, directly or indirectly under any pre- tense whatever, to the purchase, erection, preservation or repair of any building or buildings, or to the purchase or rental of land." The Adams act, providing for original investigation and advanced research, supplied a great need of the experiment station. Under the provisions of this act only such experiments may be entered upon as have first been passed upon and approved by the office of experiment stations of the United States department of agriculture. In 1908 nine such investigations were being made. The legislature of Kansas in 1908 appropriated the sum of $15,000 for that year, and the same amount for the following one, for further support of the experiment station. The whole income of the station for 1909 and 1910 was as follows :
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Hatch fund, $15,000; Adams fund, $13,000; state appropriation, $15,000, a total of $43,000.
The work of the experiment station is published in the form of bul- letins, which' record the results of investigations. These bulletins are of three sorts : technical bulletins, which record the result of researches of a purely scientific character provided for under the Adams act; farm bulletins, which present the data of the technical bulletins in a sim- plified form, and including also all other bulletins in which a brief, condensed presentation is made of data which call for immediate appli- cation. In addition to the bulletins, the station publishes a series of circulars for the purpose of conveying needed or useful information, not necessarily new or original. Up to 1909 the station had published 167 bulletins, 183 press bulletins and 6 circulars. The work of this experiment station is not confined to agricultural investigation and research, for it has been given state executive and control work. One important adjunct office created by the legislature of 1909 is that of state dairy commissioner, whose duty is to inspect or cause to be inspected all the creameries, public dairies, butter, cheese and ice cream factories, or any place in which milk, cream or their products are handled or stored within the state, at least once a year, or oftener if possible. Another important state function is the State Entomological commission (q. v.), which was created in 1907. The state live stock registry board, created by the legislature of 1909, is another adjunct of the experiment station. All commissions are supported by appro- priation. By legislative act of 1909 a "division of forestry" at the Agricultural College is provided for. (See Forestry.)
The state has also placed the experiment station in charge of the execution of the acts concerning the manufacture and sale of concen- trated feeding stuffs, and of fertilizers by acts which make it "unlaw- ful to sell, or offer for sale, any commercial fertilizer which has not been officially registered by the director of the agricultural experiment station of the Kansas State Agricultural College." An important addi- tion to the experiment station is the department of milling industry. This was established through the cooperation of the board of regents and the millers' association. Investigation is being made of growing, handling and marketing methods; their relation to the milling value of wheat; of systems of grading; of, insect enemies of wheat in the field and storage ; and of flour and its by-products.
There is at the Agricultural College an engineering experiment sta- tion established by the board of regents for the purpose of carrying on tests of engineering and manufacturing problems important to the state of sufficient magnitude to be of commercial value. Experiments have been made in cement and concrete, and, in connection with these, tests of waterproofing and coloring cement building blocks. Experi- ments with Kansas coals, lubricants and bearings, relative adaptability, efficiency and cost of gasoline, kerosine and denatured alcohol for inter- nal combustion of engines, etc., etc.
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There are two branch agricultural stations, one at Fort Hays, and one at Garden City. The land occupied by the Fort Hays station is a part of what was originally the Fort Hays military reservation. Be- fore final disposition of this land was made the Kansas legislature in Feb., 1895, passed a resolution requesting Congress to donate the entire reservation of 7,200 acres to the State of Kansas for the purposes of agricultural education and research, the training of teachers, and for the establishment of a public park. In 1900 a bill was passed setting aside this reservation "for the purposes of establishing an experimental station of the Kansas Agricultural College and a western branch of the Kansas State Normal School."
The state legislature of 1901 accepted the land with the burden of conditions as granted by Congress, and passed an act providing for the organization of a branch experiment station, making a small appro- priation as a preliminary fund. The land at Fort Hayes is well suited for experimental and demonstration work in dry farming, irrigation, forestry and orchard tests, under conditions of limited rainfall and high evaporation. This station is supported entirely by state funds and the sale of farm products. Under the terms of the acts of Con- gress establishing and supporting experiment stations, and under the ruling of the United States Department of Agriculture, none of the funds appropriated by the federal government may be used for the sup- port of branch experiment stations.
For the Garden City cooperative station, the county commisisoners of Finney county in 1906 purchased a tract of land of 300 acres for the purpose of agricultural experimentation. This land, situated four and one-half miles from Garden City, was irrigated upland. The Kansas agricultural experiment station leased the 300 acres for a term of 99 years as an experimental and demonstration farm. It is being operated in conjunction with the United States department of agricul- ture for the purpose of determining the methods of culture, crop varieties and crop rotation best suited for the southwestern portion of the state under dryland farming conditions.
The legislature of 1891 passed an act establishing an experiment . station at the state university, the purpose of which is indicated in the first section : "That the sum of $3,500 be and the same is hereby appro- priated out of the general fund not otherwise appropriated, for the pur- pose of establishing, maintaining and conducting an experiment station at the State University at Lawrence to propagate the contagion or infection that is supposed to be destructive to chinch-bugs, and fur- nish the same to the farmers free of charge, under the direction and supervision of the chancellor, F. H. Snow, as hereinafter provided." In 1893 the legislature appropriated $4,500 for the maintenance of this station and the legislature of 1895 appropriated $3.500.
Expositions, Industrial .- At the time Kansas was admitted into the Union in 1861 comparatively little was known by the civilized world of her great resources and possibilities. During the territorial period
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the conflict over slavery so overshadowed everything else that little thought was given to industrial development. After the Civil war many of the leading citizens advocated legislation that would advertise Kan- sas abroad and thus encourage immigration. The first opportunity of the state to be represented in a great industrial exposition was at Paris in 1867. On Nov. 14, 1866, Gov. Crawford appointed Isaac Young of Leavenworth to act as agent or commisisoner of the state at that exposition. In referring to this appointment in his message to the legislature of 1867, the governor said: "Mr. Young produced the most abundant evidence of his fitness for the position, and has been actively engaged in collecting material to represent this state. If the state shall receive such benefits as is contemplated, it is not just that it should be done at the expense of a single individual. The whole mat- ter, however, is for your consideration, and you should make such an appropriation as the merits of the case demand."
By the act of Feb. 26, 1867, an appropriation of $2,500 was made to further the work, and Mr. Young's report was submitted to the legis- lature of 1868 by the governor, who called attention to the fact that Kansas grain and other products had received a fine bronze medal. The state also received honorable mention in the catalogue, which was printed in the various languages for general distribution among the visitors to the exposition. Through the medium of this catalogue, many of the people of Europe learned that Kansas was not the "tree- less desert" they had supposed it to be, and many Europeans afterward found homes in the state.
No appropriation was made for the purpose of representing the state at the Vienna exposition of 1873, but the following commissioners were appointed: F. G. Hentig and John D. Knox, of Topeka; I. P. Brown and Frank Brier, Atchison; M. Hoffman, Leavenworth; James Lewis and C. H. Pratt, Humboldt; and L. C. Mason, Independence. Wyan- dotte (Kansas City) and Leavenworth were the only cities in the state that made exhibits, but the commissioners distributed at the exposi- tion a large amount of printed matter advertising the state.
On March 9, 1874, Gov. Osborn approved an act authorizing him to appoint five persons as state managers for the Centennial exposi- tion to be held at Philadelphia in 1876, commemorative of the first century of American independence. On the 30th he appointed George T. Anthony, Leavenworth; S. T. Kelsey, Hutchinson; Amos J. North, Atchison; Edgar W. Dennis and David J. Evans, Topeka. John A. Martin and George A. Crawford were the national commissioners for Kansas. A supplementary act of March 6, 1875, directed the managers to collect an exhibit "of the natural and artificial resources of the state," and appropriated $5,000 to defray the expenses. A third act, approved on March 2, 1876, increased the board of managers to nine members; authorized the erection of a state building on the exposition grounds, at a cost not to exceed $10,000, and made additional appropria- tions amounting to $33,625. The act also provided that, when the expo-
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sition was over, the building was to be sold and the proceeds turned into the state treasury, and the managers were authorized to exchange specimens with other states, the entire collection to become a per- manent exhibit in the agricultural rooms in the state capitol at Topeka. A condensed history of the state was prepared by D. W. Wilder, T. D. Thacher, John A. Anderson, John Fraser, Frank H. Snow and B. F. Mudge for distribution at the exposition.
Deaths, resignations and removals caused several changes to be made in the board of managers. In addition to those above mentioned, the persons who served on the board at some period were: Alfred Gray, Topeka; Edwin P. Bancroft, Emporia; Charles F. Koester, Marysville ; Theodore C. Henry, Abilene; William E. Barnes, Vinland; R. W. Wright, Oswego; William L. Parkinson, Ottawa, and George W. Glick, Atchison. Throughout the service of the board George T. Anthony was president and Alfred Gray secretary. Amos J. North was the first treasurer, but was succeeded by George W. Glick.
Kansas was the first state to select a site for a state building. The structure was in the form of a Greek cross and cost about $8,000. In the exhibit was a large map of the state showing the location of every school house. A number of premiums were awarded the state, among them a certificate for the best collective exhibit; a first premium on fruit ; a prize for the best farm wagon; a medal for a bound record book exhibited by George W. Martin, then the Kansas state printer, and what was a surprise to many was that Kansas received first prize for a display of timber, sections of native forest trees, etc. In his mes- sage of 1877, referring to the Centennial exhibit of Kansas. Gov. Anthony said: "It was not the cereals, the minerals and woods of Kansas that attracted the attention and excited the admiration of the representatives of all nations, making every American citizen feel that the victory of Kansas was a national honor. It was the boldness of conception, the daring of purpose, the intelligent and artistic arrange- ment, which shed so broad a light upon the manhood and culture of Kansas, as to force a conviction upon all spectators, that a people whose representatives could provide for, and whose agents could exe- cute, such an undertaking, own a land wherein it is good to dwell."
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