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, Volume II > Part 15
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"While, according to the press of the nation's most populous metropolis, her children linger in the streets untaught, except in the lore of the pavement; unfed, except at the hand of charity ; unhoused, except in the kennels they dispute with creatures scarcely less miserable, the commonwealth of Kansas rejoicing in a public school system which is the most grateful heritage we received from our fathers and the best legacy we can leave to our children, finds ample house room and school room for every Kansas child and for such straggling waifs as come to us from where penury and parsimony stalk side by side. There are no tramps in Kansas, except those birds of passage who flit by us, grim reminders of the conditions in older communities."
Referring to the report of the state treasury he showed the finances of the state to be in a healthy condition at the close of the fiscal year on June 30, 1896, when there was a balance in the treasury of $604,529.10, a bonded indebtedness of only $788,500, and a permanent school fund of $7,016,993.10.
The various state educational, charitable and penal institutions were discussed in detail, and in connection with these institutions the gov- ernor said: "A visiting board for all charitable, educational and penal
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institutions of the state, with power to come and go, and report abuses to the governor, would be a good thing. Several states have adopted this system of the supervision of the different institutions, in order to guard against the treatment often accorded the inmates through the neglect of the officials in charge."
He expressed his willingness to cooperate with the legislature in the establishment of such a visiting board, but no law was passed during the sessions to carry his notions into effect. The governor also recommended the abolition of the forestry stations in the western part of the state, if it could be legally done, and the discontinuance of the silk station at Peabody. The silk station was ordered to be sold, and all laws for the encouragement of silk culture were repealed, but the forestry stations were continued and an appropriation made for their benefit.
Gov. Leedy was elected as the candidate of the Populist party, one of the . fundamental dogmas of which was the regulation of railroad rates by law, and it was but natural that a large part of his message should be devoted to this subject.
"The question of the regulation of transportation companies," said he, "has been one that has commanded the attention of the legislatures of the various states since railroads were first introduced. These cor- porations have received their charter rights from the various states, and these states naturally concluded that they had the right to regulate and control the corporations that they thus had created. This view of the case was constantly combatted by the corporations, who claimed, as they were private corporations, that they were not subject to state legislation so far as their charges were concerned, a view that they have not yet abandoned. When the courts of the states began to hold that they were public corporations, and therefore amenable to the legislatures of the states, they appealed to the Federal courts, claim- ing, first, that they were private corporations, and, second, that if they were quasi public corporations, the regulation of them could only be had through the Federal Congress. The courts having sustained this view, the people of the various states then demanded that Congress should pass such legislation and create such boards of control as were necessary to secure to the people their just rights in the matter. In obedience to this demand Congress eleven years ago created that subter- fuge for justice called the Interstate Commission, and enacted legisla- tion that was supposed by the people to be for the purpose of securing their rights and controlling these corporations. After eleven years of weary waiting the people are now told by this commission in its tenth annual report, just issued, that the law under which they were acting was defective and had been held by the court of last resort as inoperative and unconstitutional.
"I therefore recommend that the legislature pass a maximum freight law that will be fair to corporations and just to the people. I believe also that the board of railroad commissioners should be clearly vested
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with the judicial powers of a court and given the power to adjust fares and freights within the State of Kansas as they deem just, and not exceeding the maximum rate, and that their powers shall be made definite and certain, but subject to appeal to the supreme court of the state. If the corporations will accept such just and fair regula- tions, subject to review by the supreme court of the state, well and good ; but if in the future, as in the past, they flock under the protecting wing of the Federal courts, where justice to the people seems not only blind, as it should be, but deaf and dumb also, then I advise the people of Kansas to seek for justice out of court. In doing so, I can only point to one route by which it can be obtained, and that is for the states west of the Mississippi river to build a road of their own to tide water by the shortest and most direct route, which will put them in a position to command the situation without getting into any com- plication with the railroad companies or the Federal courts."
Notwithstanding the radical utterances and plain recommendations of the governor and the fact that the People's party had a good work- ing majority in each branch of the general assembly, no law regarding railroad rates was passed during the session. True, a bill was passed, but, for reasons which will appear later, the governor withheld his approval and it did not become a law. The session lasted from Jan. 12 to March 20, the longest in the history of the state up to this time. On Jan. 27 William A. Harris was elected United States senator, to succeed William A. Peffer, for the term beginning on March 4, 1897. Over 2,000 bills were introduced during the session, but fewer than 300 of them actually became laws. The principal acts were those relating to banking; providing for the Australian system of voting in all elections ; prohibiting sheriffs of counties and mayors of cities from appointing non-residents as deputies to preserve the peace and quell disorders, and making any person, company or corporation importing into the state any person or persons to act as peace officers liable to a fine of $10,000; removing from some 50 persons political disabilities imposed by the constitutional amendment of Nov. 5, 1867; requiring railroad companies to fence their right-of-way through farms; the anti- trust law; authorizing cities to build waterworks and electric lighting plants when the people voted in favor of such; requiring all mortgages to be recorded in the county where the real estate forming the basis of the security was located ; creating a text-book commission and pro- viding for a uniform system of text-books in the public schools.
Soon after coming into office William Stryker, the superintendent of public instruction, found fault with the text-book on civil government because it defined greenbacks as "promises to pay money," and had the book revised defining these notes as "paper money and a legal tender."
The year 1897 was one of general prosperity in Kansas. The wheat crop was unusually large and many farmers paid off mortgages of long standing. A large oil refinery was established at Neodesha, Wilson
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county ; gas wells were sunk at various places in the southeastern part of the state; the salt industry was greatly developed, and new fac- tories sprang up in a large number of the principal cities and towns.
When war with Spain was declared in the spring of 1898 Kansas did not wait for a demand to be made upon her for volunteers. On April 18 a company marched to the governor's office, where the officers announced that they were ready to be mustered into the service of the United States. Five days later came the president's call for 125,000 men, of which Kansas was required to furnish 2,230. The quota was promptly filled, and throughout the war, especially in the Philippines, the Kansas troops met every call of duty in a way that added to the military reputation of the state. (See Spanish-American War.)
In the political campaign of 1898 four tickets were presented to the voters of Kansas. A Republican state convention met at Hutchinson on June 8 and nominated William E. Stanley for governor; H. E. Richter, lieutenant-governor; George A. Clark, secretary of state; George E. Cole, auditor ; Frank E. Grimes, treasurer; A. A. Godard, attorney- general; Frank Nelson, superintendent of public instruction; Willis J. Bailey, Congressman-at-large ; William R. Smith, associate justice. The platform declared in favor of the Nicaraugua canal; strengthening the navy, and liberal pension laws, and criticised Gov. Leedy's administra- tion for its failure to carry out the pledges made prior to his election.
On the same day (June 8) the Prohibition state convention met at Emporia. William A. Peffer was nominated for governor; Robert T. Black, lieutenant-governor; J. B. Garton, secretary of state; Horace Hurley, anditor ; John Biddison, treasurer ; Mrs. R. N. Buckner, super- intendent of public instruction; Mont Williams, Congressman-at-large. In addition to the customary declarations regarding the evils of the liquor traffic, the platform contained the following: "We regard civil govern- ment as an ordinance of God, and recognize the Lord Jesus Christ as King of Kansas, and therefore believe that the administration of civil affairs should be in harmony with the law and in His spirit."
On June 15 the Populist state convention assembled at Topeka and the Democratic state convention at Atchison. A conference commit- tee of the two parties recommended the renomination of the entire fusion ticket elected in 1896, to-wit: Governor, John W. Leedy; lieutenant-governor, A. M. Harvey; secretary of state, W. E. Bush; auditor, W. H. Morris; treasurer, D. H. Hefflebower ; attorney-general, L. C. Boyle; superintendent of public instruction, William Stryker ; Congressman-at-large, J. D. Botkin.
The Social labor party, a new factor in Kansas politics, entered the arena with the following ticket: Governor, Caleb Lipscomb; lieuten- ant-governor, N. B. Arnold; secretary of state, D. O'Donnell ; auditor, E. A. Cain; treasurer, W. H. Wright; attorney-general, W. L. Rose; superintendent of public instruction, Etta Semple; Congressman-at- large, F. E. Miller; associate justice, A. A. Carnahan. The platform of this party demanded more paper money; better pay for soldiers; the
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breaking up of the land monopoly, and the government control of all other monopolies.
At the election in November the entire Republican state ticket was victorious, the vote for governor being as follows: Stanley, 142,292; Leedy, 134,158; Peffer, 4,092; Lipscomb, 635. The majorities received by the other Republican candidates were practically the same as that of Gov. Stanley.
During the campaign the question of regulating railroad charges by law was again widely discussed, and on Dec. 15, 1898, Gov. Leedy issued the following proclamation :
"Whereas, assurances have reached me to the effect that if the legis- lature shall be convened, suitable legislation for the regulation of rail- road charges can be enacted, and deeming such matter of sufficient importance to justify the convening of the legislature in special session :
"Now, therefore, I, John W. Leedy, governor of the State of Kansas, by virtue of the authority vested in me by the constitution of the state, do hereby convene the legislature of the State of Kansas to meet at the capital of the state, at the hour of 4 o'clock p. m., on the 21st day of Dec., 1898."
At the appointed time the general assembly met and the two houses organized with the same presiding officers as at the regular session of the preceding year. Consequently no time was lost in effecting an organization, and the governor's message was submitted the same day. In it the governor explained the reasons for the failure of the regular session of 1897 to enact a railroad rate law. Said he :
"Although the present executive and a majority of each house of the present legislature were elected under a pledge to enact a maximum rate law, when the time arrived for fulfilling that pledge the menace of a judicial decision by the highest tribunal in the land, which would make legislative regulation of railroad charges practically impossible, caused many to doubt the wisdom of attempting the promised legisla- tion; and such difference of opinion prevailed that the executive felt called upon to withhold his approval from the compromise measure finally passed. There was then pending undetermined in the supreme court of the United States a case which involved the question whether, as to railroad legislation, the legislatures of the theoretically sovereign states should be reduced to the level of city councils or district school boards, upon the reasonableness, as well as the authority, of whose acts courts may sit in judgment. The decision of that case, announced soon after the adjournment of the legislature, fully justified the fears and anticipations of those who deemed it futile to pass a maximum rate bill; for it rendered such an enactment a mere proposal of legislation --- not a law -- which must be submitted to the Federal court for approval or rejection. That decision declared by that whether the rates of trans- portation prescribed by a legislature are reasonable is a judicial ques- tion, and that, first, a single Federal judge, and finally five Federal justices, may, upon that question, reverse and hold null the deliberate judgment of an entire legislature.
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". . . I therefore recommend that the legislature confer upon the board of railroad commissioners full judicial power to try, hear and determine all questions as to the reasonableness or unreasonableness of every charge made by a railroad company for services rendered wholly within this state in the transportation of property; that they be authorized to try, determine and enter judgment declaring what are, at the time of rendering the decision, reasonable charges for the transportation of property between different points over each and all railroad lines in this state; and also what are reasonable charges for switching, demurrage, and all other charges imposed by them from the time of the reception of each and every kind and class of freight to its delivery to the consignee, etc. The commissioners should be given abundant power to carry their judgments into execution, and to see that the law which prohibits the companies from taking more than the reasonable rate determined by them is enforced, and to this end the legislature should provide an attorney for the board, whose special duty it shall be to appear wherever necessary to protect the interests of the state in the enforcement of the law."
Gov. Leedy also recommended that the people be given the right to recover damages from such railroad companies as should persist in exacting greater rates that those fixed by the board as reasonable. His recommendations were generally followed by the legislature, which abolished the old board of railroad commissioners and created in lieu thereof a "court of visitation." This court was to consist of three judges, to be appointed by the governor on the first Monday in April, 1899, and these judges were to serve until their successors should be elected by the people at the general election in 1900. Each member of the court was to receive a salary of $2,500 a year and the term of office was fixed at four years. The court was given power and jurisdic- tion throughout the state to try and determine all questions relating to railroad rates, switching and demurrage charges, etc .; to apportion charges between connecting roads; to classify freight; to require the construction and maintenance of depots, stock yards, switches, and other facilities for public convenience; to compel reasonable and im- partial train and car service for patrons; to regulate crossings and intersections of railroads ; to prescribe rules concerning the movement of trains'; ""to restrict railroad corporations to operations within their charter powers, prevent oppressive exercise thereof, and compel the per- formarice of all the duties required by law." In short, the court was given a general supervisory power over practically all the operations of the railroad companies doing business in Kansas, and to accomplish this end power was conferred on the court to summon juries, as a court of equity; in any case or matter brought before it for consideration.
Other' acts' passed by the legislature at the special session provided for the abolishment of the boards of police commissioners in cities of the first class, and the establishment in 'their place of a fire and police commission which should have'control of both the fire and police depart-
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ments ; amended the election laws in the matter of printing the ballots ; created a state labor society ; transferred to the court of visitation the regulation of telegraph companies; and provided certain regulations concerning the increase of the capital stock of corporations or the con- solidation of two or more companies. There was also passed an act making a reduction of 40 per cent. in telegraph tolls, but it was subse- quently declared unconstitutional.
. The special session lasted until Jan. 9, 1899, which was the second Monday, the time specified by the state constitution for the inaugura- tion. of a new governor. Gov. Leedy's administration therefore came to an end with the extra session of the general assembly, and Gov. Stanley was inaugurated.
Leesburg, a hamlet in Stafford county, is located 7 miles southeast of St. John, the county seat, and about the same distance southwest of Stafford, the postoffice from which it receives mail.
Lehigh, one of the incorporated town of Marion county, is located in Lehigh township on the Atchison, Topeka & Santa Fe R. R. 16 miles west of Marion, the county seat. It is the trading point for a large and wealthy agricultural and stock raising district. It has a bank and a newspaper printed in German called "Das Echo." All lines of mer- cantile enterprises are represented. There are telegraph and express offices and a money order postoffice with one rural route. The town was incorporated in 1901. The population in 1910, according to the government census, was 385. Lehigh was platted in 1881 by Alden Speare of Boston. L. Monniger was the first merchant and postmaster.
Leland, an inland hamlet in Graham county, is located 12 miles south- west from Hill City, the county seat, and 9 miles in the same direction from Penokee, from which postoffice it receives mail by rural route. Penokee is also the nearest railroad station and shipping point. The population, according to the census of 1910, was 25.
Le Loup, a village in the northeastern part of Franklin county, is located on the Atchison, Topeka & Santa Fe R. R. 7 miles northeast of Ottawa, the county seat. It was first named Ferguson, after Robert Ferguson, who owned the land upon which the town was founded. The first house was built in 1870 by J. A. Stonebraker and Mr. Ferguson. A postoffice was established in 1870. In the summer of 1879 a school house was built and the fall term was taught by Cyrus Jenkins. After the building of the railroad the name was changed to Le Loup. The town has several good stores, a money order postoffice with one rural route, telegraph and express facilities, and in 1910 had a population of 100. .
Lenape, a village of Leavenworth county, is situated in the extreme southeastern portion on the Kansas river and the Union Pacific R. R. about 20 miles southwest of Kansas City. It has two general stores, a telegraph 'station, a money order postoffice, and in 1910 had a popula- tion of 85.
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Lenexa, an incorporated town of Johnson county, is located in the northeastern part on the St. Louis & San Francisco R. R. 7 miles north- east of Olathe, the county seat. The railroad company bought the town site and had it platted in 1869. The first store was opened by Lee Freeman in 1869 and the second by Dr. Bower in 1870. The postoffice was established about the same time, with Lee Freeman as postmaster. The Methodist church was established at an early date and a church building erected in 1878. A Catholic church was also organized and a church building erected in 1881. The Fountain Head mill, the first manufacturing industry, was established in 1879 with a capacity of 30 barrels a day. Lenexa has an excellent public school system, several general stores, a hotel, lumber yard, implement and hardware store, and is the supply and shipping point for the rich agricultural country by which it is surrounded. It also has a money order postoffice with two rural routes, telegraph and express facilities, and in 1910 had a popu- lation of 383.
Lenora, an incorporated city of the third class in Norton county, is located on the north fork of the Solomon river and the Missouri Pacific R. R., 18 miles southwest of Norton, the county seat. It has a bank, 2 hotels, an opera house, a commercial club, a weekly newspaper (the News), good graded schools and 3 churches. There are telegraph and express offices and a money order postoffice with two rural routes. The population in 1910 was 454. The town was founded in 1873 and named for Mrs. Lenora Hauser. The postoffice was established in 1875 with R. C. Sadoris as postmaster. The first town officers were: G. W. Hood, trustee ; W. Friffin, treasurer; A. Hendricks and A. Bowman, justices; George E. Dubois and Ephraim Burris, constables. The first newspaper was the Leader, established in 1882.
Leon, an incorporated city of the third class in Butler county, is located on Little Walnut river, a water-power stream, and on the St. Louis & San Francisco R. R., 10 miles south of Eldorado, the county seat. It has churches, schools, a bank, a weekly newspaper (the Indi- cator), telegraph and express offices and a money order postoffice with three rural routes. The population in 1910 was 494. Leon was founded in 1879 and was first named Noble. The postoffice was established in 1880 with G. A. Kenoyer, postmaster. Incorporation took place in 1882 with the following officers: Mayor, Levi Kiser; city clerk, D. W. Poe; police judge, J. S. Calvert; councilmen, W. J. Cunningham, J. Kunkle, C. Lipscomb, G. A. Kenoyer and Ben H. Wood. In the fall of that year a disastrous fire occurred destroying property to the extent of $10,000.
Leona, one of the villages of Doniphan county, is located on Wolf river, in Wolf River township and on the St. Joseph & Grand Island R. R. 15 miles west of Troy. It has banking facilities, express and telegraph offices and a money order postoffice with one rural route. The population in 1910 was 275. The town was founded in 1873, by a stock company of which J. W. Shock was president. The land belonged to D. Kercher, who before the first store was built had a postoffice in his
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house. The store was opened by H. Gregg. The first physician was Dr. S. H. Blakely, the first drug store was opened by C. B. Channel, the first hardware store and the first blacksmith shop by P. A. Floodin. F. Case kept the first harness shop and Kopietz the first meat market. In 1875 J. W. Shock opened the first lumber yard. The first school was taught in 1867.
Leonardville, one of the incorporated cities of Riley county, is located in Bala township on the Union Pacific R. R., 26 miles northwest of Manhattan. It has 2 banks, a weekly newspaper (the Monitor), tele- graph and express offices, and a money order postoffice with two rural routes. The population in 1910 was 525. The town was founded in 1881 and was first called Leonard in honor of Leonard T. Smith, for- merly president of the Kansas Central R. R. Four general stores and a number of other lines of business were at once established.
Leoti, the county seat of Wichita county, is centrally located and is on the Missouri Pacific R. R. It has 2 banks, a flour mill, a weekly news- paper (the Standard), stages tri-weekly to Lakin, Carwood and St. Theresa, telegraph and express offices, and an international money order postoffice. It is an incorporated city of the third class and the popu- lation in 1910 was 288. It was settled in 1885 and was formerly called Bonosa. Five years later it had a population of 341. Then came a depression which was common to all western Kansas, and the population fell to 151 in 1900. Since then it has recovered from the hard times and is again in a thrifty condition as shown by the increase in population and by the number of business houses. (See Wichita County.)
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