| 1918 KANSAS AND KANSANS | Other Institutions | Part 4 |
STATE TAX COMMISSION, SCHOOL TEXT-BOOK COMMISSION, CIVIL SERVICE COMMISSION, LIVE STOCK SANITARY COMMISSION, BUREAU OF LABOR, INDUSTRIAL WELFARE COMMISSION, KANSAS STATE PENITENTIARY
The State Tax Commission was created in 1907 to take over the duties and authority of both the Board of Railroad Assessors and the Board of Equalization. Extensive powers are in the hands of this body, which consist in the general supervision over the administration of assessment and tax laws, conferring with and advising assessors, boards of commissioners, boards of equalization, and others obligated to make assessments; directing proceedings to punish officers of assessments, or agents of corporations for failure to comply with the laws or carry out the orders of the Commission; and to appraise property and organize and put into effect a uniform system of taxation. The Commission is composed of three members appointed by the Governor at a salary of $2,500 each per annum.
The Commission, upon taking up the work, found assessment matters in a chaotic condition. Very little attention had been paid to the law that the assessment be made on the basis of actual selling value. Hit and miss systems were in use differing widely not only in different counties, but in different parts of the same county or township. In some instances valuations were copied year after year from old books. Inequalities in assessments ranging from 3 1/2% to 80% of the sale value of land have been found in the same neighborhood. In the assessment of manufacturing properties similar discrepancies were found.
The first work was that of equalization. A system was worked out and a pamphlet of instructions was issued to County Officers in December, 1907. A meeting was held of all the County Assessors of the State, January 28, 1908, and plans discussed and agreed upon to insure uniformity of assessments. The members of the Commission also attended State meetings of the County Clerks and County Commissioners. One of the important results of equalization was the general lowering of the apparent rate of taxation. The low valuation placed on property had made it appear to outsiders, especially prospective investors, that taxation in Kansas was very high.
In regards to Railroad assessments, the Commission made tours of inspection over the various railroad properties with a view of determining the correct valuation. Careful examination is made of the returns of the different companies as to gross and net earnings.
Appeals from the county boards of equalization, or County Commissioners, on tax matters are taken to the State Tax Commission. In case the complainant is not satisfied with the decision of that body, recourse may be had to the courts.
ELIZABETH N. BARR.
The first effort in the way of uniform text books for the public schools was made in 1885. A law was passed giving the separate counties the privilege of adopting uniform text books for the entire county. The matter had to be put to a vote of the people and seldom failed of passing, but as it was not popular with book people, it was not submitted in many of the counties. In 1897 a State Commission was created by the legislature to select text books for use in the public schools. The first commission consisted of eight members appointed by the Governor as follows: William Stryker, State Superintendent; Chairman, W. J. Hurd, Secretary; S.. W. Black, A. V. Jewett, S. I. Hale, D. O. McCray, N. McDonald, S. M. Nees and A. H. Lupfer.
The principal provisions of the law were that text books of a certain standard, and not costing more than certain prices, should be adopted for a period of five years, that bids should be received from publishing houses and individuals to furnish books, and that if none of these bids satisfied the demands as to quality and price, the Commission had power to buy manuscripts and publish the books. Provision was also made for the optional ownership of books by city or district.
The law was a good one, but as years went by violations were flagrant and numerous. Supplemental books, some of them of a very inferior quality, were introduced until text books were a burden to the poorer classes. Agitations for various changes had been going on since 1901, and in 1913, the State School Book Commission was created to take over the work of the State Text-Book Commission, with additional powers and duties. First, to acquire by purchase, or condemnation proceedings if necessary, the ground requisite to build an addition to the State Printing Plant, also to purchase the necessary machinery to print and bind school books. Second, to contract for the right to publish books, either by outright purchase, or on a royalty basis. It was made the duty of the Secretary of the Commission to collect from the school patrons of the State, the actual cost of the books. Supplemental books, if used at all, must be supplied by the district or city. This Secretary is selected by the Commission to attend to the details of the work. His salary is $2,000 per year.
The School Book Commission is made up of seven members of whom two are appointed by the Governor and the other five are the presidents of the State Normal, the Agricultural College and the State Board of Agriculture, the State Printer and the State Superintendent.
In 1915, the high schools were included within the scope of the duties of the Commission. Authority to adopt books from publishers in cases where it is impractical to publish them, was conferred.
ELIZABETH N. BARR.
Civil Service in Kansas is of recent origin. The first official mention of it was in 1905, when the legislature passed an act to apply civil service principles to the employees in the State institutions under the Board of Control. In 1908 the fire departments of the cities were placed under civil service, and in 1909 a provision was made for a city Civil Service Commission to be appointed by the Mayor and Commissioners of cities of the first class.
The State Civil Service Commission was created in 1915. Three members appointed by the Governor comprise the commission, but the law provides that one member shall be the State Accountant, one a member of the faculty of the State University, and the third a State officer or member of a State board or State commission. The law went into effect July 1, 1915, and the commission is organized as follows: J. L. King, president; J. E. Caton, secretary; W. L. Burdick, chief examiner; and Daisy F. Seiler, clerk. The purpose of the Commission, as expressed by the legislature is to engage services and promote officials and employees on basis of their ability to perform the duties assigned to them. The officials and employees of the State are divided into unclassified service, exempt service, and classified service.
The unclassified service does not come under the provisions of the civil service act. It includes all officers elected by popular vote, all heads of state departments and members of commissions and boards, heads and instructors of educational institutions, military officers, legislative employees, election officers, judges and clerks of the Supreme Court, assistants and principal clerks of the several constitutional executive State officers.
In the exempt service are certain positions which may in the discretion of the Commission, be declared exempt, one secretary of each department, board or commission, one clerk of each principal executive officer, all officials of State institutions who are required to be physicians, employees of special commissions or committees of the legislature, and "all other offices or positions for the filling of which competitive or non-competitive tests shall be found by the Civil Service Commission to be impractical."
The classified service includes all positions not mentioned in the two foregoing classes, and all such positions are subject to the civil service law, and the duty of the Commission is to make rules governing the examination and appointment of applicants to these positions, to hold examinations, grade papers and certify the successful candidates to the officials having the power of appointment.
ELIZABETH N. BARR.
The dangers from stock diseases due to bringing Texas cattle to Kansas prompted the legislature of 1884 to make quarantine laws and to create the Live Stock Sanitary Commission. to enforce them, and to protect the health of all domestic animals within the State. In a separate act a State Veterinarian was provided who should be secretary of the Live Stock Commission, and whose duty it was to investigate all contagious or infectious diseases, study the cases, make prescriptions and enforce such sanitary measures as would be necessary to stamp out the disease. Under some circumstances the Commission was allowed to order the killing of animals, but before the first year was out it became apparent that no one man could possibly investigate all the cases reported to him by the owners of diseased animals and hundreds of owners went without proper instructions. Assistants were employed to the extent of the funds available, but it was not until 1901 that the legislature provided for live stock inspectors. In 1905 the Commission was discontinued and the department was placed in the hands of one man known as the Live Stock Sanitary Commissioner. He is assisted by the veterinary surgeon of the Agricultural College, and by inspectors and patrolmen. The Commissioner has authority to call on the sheriffs of the counties for assistance in enforcing the laws governing diseased live stock.
ELIZABETH N. BARR.
A "Bureau of Labor and Industrial Statistics" was established by the legislature of 1881 which defined its purpose as collecting, systematizing and presenting in annual reports details relating to all departments of labor and industrial pursuits in the State, especially in their relation. to the commercial, industrial, social, educational and sanitary condition of the laboring classes, and to the prosperity of the industries of the State. The department was put in charge of a commissioner appointed by the Governor, and he was given power to take and preserve testimony, examine witnesses under oath, enter any public institution of the State and any factory, workshop or mine. The Commissioner also had a right to question employers by printed slips, and a heavy penalty was attached to the failure to answer these questions correctly.
One of the first important results achieved by the Bureau was a law to secure the payment of wages at regular intervals in the factories and mines in money instead of trade.
In 1898 the legislature authorized the organization of a society of labor and industry to be formed among laborers in small groups over the State. These organizations were allowed to send delegates to an annual State meeting at which a president, vice-president, secretary and assistant secretary should be elected. These officials constituted the State Bureau of Labor and Industry, the secretary acting as the Commissioner of Labor and State Factory Inspector and the assistant secretary, the assistant Commissioner of Labor and assistant Factory Inspector. In this way it came about that the Labor Bureau fell into the hands of the trades unions. Kansas is the only State where such a condition of affairs ever existed. In 1913 the department was taken from the control of the Society of Labor and Industry and the office of Labor Commissioner was again made appointive. A woman was added to the factory inspector's force to have special charge of matters relating to employed women.
In the thirty years of the existence of the department about seventyfive laws have been passed relating to labor. The most important are: the law governing the arbitration of labor troubles, child labor law, eight hour law, act governing the intimidation of employees in the exercise of the franchise, fire escape law, employer's liability in case of accidents, law against usury, the Sunday labor laws, and certain laws regarding the employment of women. In 1909 a State Free Employment Bureau was established as a branch of the Bureau of Labor.
Since the Bureau was established seven different men have been at the head of the department: Frank H. Betton, 1885 to 1893; John F. Todd, 1893 to 1895; William Bird, 1895 to 1897; William L. A. Johnson, 1897 to July 1, 1911; Owen Doyle, 1911 to 1913; William L. O'Brien, 1913 to 1915. The present incumbent, P. J. McBride., took the office in 1915.
ELIZABETH N. BARR.
The Industrial Welfare Commission created in 1915 has for its purpose the establishing of "such standard of wages, hours and condition of labor for women earners, apprentices and learners, apprentices and minors as shall be held to be reasonable and not detrimental to health and welfare." The law provides that the Governor shall appoint three commissioners from a different Congressional District, one of whom shall be the Commissioner of Labor, and at least one of the remaining two shall be a woman. The same act that created the Commission makes it unlawful to employ women, learners, apprentices and minors in any occupation detrimental to health or welfare, or to employ these classes at wages not adequate for their maintenance or for hours detrimental to health.
According to the act, Labor Commissioner P. J. McBride became chairman of the new commission, to which the Governor appointed John Craddock and Mrs. Genevieve H. Chalkley. Miss Linna Bresette, deputy factory inspector, became secretary.
The Welfare Commission was empowered to investigate conditions, hold public hearings, and to establish boards to regulate wages, hours, conditions and standards in the various industries employing the class of labor covered by the act. The determinations of these boards shall be laid before the Welfare Commission which either accepts or rejects them. In case the findings of the board is accepted, the employers are notified and the Commission proceeds to enforce these findings as laws. The employers have recourse to the courts in case the findings are. objectionable to them. The Commission has appointed a Laundry Board and a Mercantile Board. The Laundry Board so far has accomplished nothing. The Mercantile Board has made findings to the effect that no woman or girl shall be employed more than nine hours per day in a mercantile establishment, nor later than nine o'clock at night, and requiring employers to fix the hours of beginning and quitting work and the meal hours. These findings have been accepted by the Welfare Commission.
ELIZABETH N. BARR.
Although repeated efforts were made in territorial days to build a penitentiary, it was not until 1861 that the ground was bought, and the prisoners were not housed by the state until five years later.
For several years the prisoners were kept in the Lecompton jail. The building was insufficient for the purpose and escapes were numerous. The keeper was called Master of Convicts. Captain E. W. B. Newby served in this capacity in 1856, and Levi J. Hampton was appointed November 10, 1856, and served during 1857. In 1857 the legislature passed an act locating the penitentiary at Lecompton with the view of erecting buildings, but made no appropriation for that purpose. The next year the act was repealed and the site relocated at Delaware City, in Leavenworth County, about where the penitentiary now stands. Caleb S. Pratt, Ward S. Lewis and Ashael Hunt were named as a prison commission and empowered to draw on the treasury for funds to buy ground and erect buildings. Congress was then asked for $100,000 to pay the expense. Nothing came of this effort and in 1859 a similar act was passed naming John Ritchie, S. S. Prentis and Fielding Johnson as commissioners. In 1861 a new commission was created to which C. L. Lambdin, M. S. Adams and Charles Sterns were appointed. This commission met July 15, 1861, for the first time. After the consideration of several sites they bought a tract of forty acres about seven miles from Fort Leavenworth on the Military Road leading from, the fort to Westport Landing. For this tract they gave $600, an which 20% interest was paid until an appropriation could be made to cover the purchase.
The prisoners had been removed from Lecompton to the Leavenworth County jail where, in the year 1861, a total of twenty-one state prisoners were cared for. In 1862 the number had increased to thirtytwo, and the next year some of them were removed to Lawrence and other towns on account of the crowded condition at Leavenworth. Prison labor was contracted at sixty cents per day and the state paid from seventy-five cents to $1.00 for the board and care of the convicts.
The first building appropriation, a sum of $25,000, was made in 1863, but no work was done. In 1864 an appropriation of $50,000 was voted, and a change in the location of the building was authorized by the legislature, but was not made by the commissioners. Contracts were let for the north wing of the main building, but on account of the unsettled condition of the country the work was stopped after completing the foundation. Nothing more was done until 1866, when a further appropriation of $100,000 was made. A substantial wooden structure thirty-six by eighty-seven feet was erected providing temporary quarters for one hundred prisoners, together with offices and sleeping rooms for the guards. There were ninety prisoners at that time. The work of completing the north wing then went on with prison labor, using the limestone quarried in the vicinity. Wells were dug and improvements made on the grounds. The directors in charge at this time were William Dunlap, M. R. Dutton and S. S. Ludlum.
The first warden was George H. Keller, appointed by Governor Crawford in 1867. To him fell the task of organization, and of formulating and enforcing of regulations to run the institution. A school was started and the legislature established a library, setting aside $300 per year from the earnings of the convicts to buy books. An appropriation of $100,000 was made to continue the building operations, and a legislative investigation was held to determine whether the State had been given credit by the counties keeping the State's prisoners for the full amount of labor performed by the convicts. As is usual in such cases, the State was no farther ahead in the end.
J. L. Philbrick became warden in 1868. A final appropriation of $50,000 was made that year for completing the north wing and it was finished two years later. It had three hundred and forty-four cells seven by four by seven. Henry Hopkins became warden in 1870, and the main building was barely completed when his administration closed twelve years later. The original plans made by the State Architect called for one thousand cells. Unfortunately the State compelled him to cut the number to six hundred and eighty-eight. These were so slow in the building that the prison was always overcrowded, and by the time they were finished, the prison population had grown to eight hundred.
In 1871 the legislature fixed the value of convict labor at seventy-five cents per day, and allowed each prisoner five per cent of this amount during good behavior. The next year a bill was passed allowing time to be deducted from the sentences for good behavior. It was about this time that Mrs. Lydia Sexton, the only woman chaplain in the history of the penitentiary, held office for two years.
From the time the prisoners were moved to the penitentiary the aim had been to furnish employment for them and avoid the necessity of contracting their labor to outside parties. Shops incident to furthering the buildings and caring for the needs of the institution were built such as stone sheds, carpenter and blacksmith shops, tailor shop, barber shop, butcher shop, shoe shop and bakery. Brick and lime were manufactured and wagon-making was tried with indifferent success. In 1879 an appropriation was allowed for sinking a coal shaft. This was contingent upon securing the right to mine coal on at least four hundred acres of land in the vicinity. Some of these rights were secured upon the payment of $1.00 to each property holder. Needless to say these property holders did not understand the proposition, and a great deal of trouble was encountered later over these leases. Additional leases have been secured from time to time on which various prices were paid, some of the later leases costing as high as $140 per acre. The State institutions were provided with coal from the penitentiary mines, and the remaining output sold in the general market. This was the arrangement until 1899, when the output was limited to the needs of the State.
State Architect Carr, who planned and erected the penitentiary, discontinued his work about 188O. The building was then practically finished. In 1885, a sewer was put in at a cost of $25,000, and an electric light plant costing $6,000. The next year $25,000 was appropriated to complete the wall around the coal shaft.
Prior to 1899 the labor of convicts was sold by the State. In that year an appropriation of $40,000 was made to build a twine plant, and $150,000 on which to operate it. This absorbed the superfluous labor and kept the men employed at the institution. In 1901 the present parole system was instituted and provision made for pardon by the Governor. Two years later the legislature passed a law allowing indeterminate sentences.
For a number of years Kansas had been keeping the Oklahoma prisoners in her overcrowded quarters at a financial loss. The legislature of 1903 forbade the contract to be advanced for longer than two years, and requested the removal of these convicts which was done about 1909. In 1905 $10,000 was appropriated for additional quarters for convicts. In 1911 the "State Asylum for the Dangerous Insane," was made a department of the penitentiary.
In Governor Hoch's administration a committee was appointed to visit the penitentiary and make recommendations for improvements. As a result the eight-hour day was instituted, inefficient employees were removed, the standard of diet was raised, inhuman punishments were forbidden, and coal mining was carried on with some reference to the health of the, workers as well as to the demands of the State. The committee also recommended that as much money be spent on education in the institution as for tobacco.
In 1913, a State Board of Corrections was created to take charge of the management of all the penal institutions in place of the separate boards. Jeremiah Botkin, who was made Warden that year, recommended that an appropriation of $70,000 be made to build and equip a modern prison, condemning the present one as out-of-date, inadequate and a breeder of tuberculosis. His ideas were seconded by the prison physician, Dr. Faulkner, and by Professor Blackmar of the State University, and other criminologists. The Governor appointed a commission on which Professor F. W. Blackmar, ex-warden H. W. McClaughry of the Federal penitentiary, and W. H. Haskell, exwarden of the State penitentiary, and ex-mayor Porter of Kansas City, Kansas, served. The commission recommended an appropriation of $10,000 for a new heating plant, which the legislature failed to provide.
The present prison farm contains twelve hundred acres. The grounds are beautifully laid out, and there is little to suggest a prison in the new buildings which have been added in the past ten years. A separate ward for women has been built apart from the main group of buildings. The cost of the prison, outside of the convict labor, is estimated at $2,000,000.
ELIZABETH N. BARR.
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A Standard History of Kansas and Kansans , written and compiled by William E. Connelley, transcribed by Carolyn Ward, 1998.
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