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The “free vote" has gained no foothold in our land, but is much used in Europe. 112 The Hare-Spence plan has been in use in some parts of Denmark since 1856, also in Tasmania, parts of Australia, and New Zea

land. 118

The "preferential ballot,” which is a prominent feature of the Hare-Spence method of securing proportional representation, has also been used where single candidates are to be chosen to office, in order to assure a majority choice among three or more candidates. 114

Even this simple survey of events shows strongly

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offices, as trustees of sanitary districts. People v. Nelson, 133 111. 565. The cumulative plan has been severely criticized (as in the Michigan case) as likely by reason of great excess of votes given to a very popular candidate, to result in the election of a majority of candidates by a minority party, or parties. Abroad the cumulative plan seems confined to the Swiss canton of Zug, and the choice of school boards in Great Britain.

(112) Belgium in 1899 adopted the free list with single yote. Italy has used it since 1882, and four or five cantons in Switzerland have the free list.

(113) Called the "Andræ" system in Denmark. Some form of proportional representation is used in Belgian municipalities, locally in Norway, and in electing representatives at Rio Janeiro, Brazil. Six elections were held in Tasmania for members of Parliament, including its senators to the Australian commonwealth. The voter 'expressed first, second, etc., choice among candidates.

(114) In many presidential elections, especially since 1856, the man elected had not a majority of popular votes. The chance of a minority to elect an executive officer has been shown often in New York city, and strikingly in the late 1905 election, and also in Boston. In the latter city, in 1905, Fitzgerald was elected by a plurality of 48 per cent of the total vote. ' A preferential ballot would either have proved that he was first, or second choice of a majority of the voters, or would have defeated'him. The total vote was 92,404, divided thus: Fitzgerald, dem., 44,316; Frothington, rep., 35,936; Dewey, ind. rep., 11,637; Watson, ind.' dem. and cit., 515. Two or more bills were introduced in the' Wisconsin special session of the Legislature in Dec., 1905, but were lost by small majorities. Gov. LaFollette had recommended consideration of such measures with a view to avoid nominations by a minority under the new primary election law.

The unproportional results of the present system of electing legislative officers is shown remarkably in Kansas, in the Congressional elections beginning with 1890. In 1890 with 122,682 votes, the Republicans elected but two members of Congress, while the People's Party with only 18,000 more votes (140,768 )secured five members. Two years later, tho gaining 36,000 votes, to the Populist gain of only 18,000, the Republicans gained but one member. In 1894, however, the Republícans elected six out of the seven members with 150,013 votes, while the Populists with 109,971 votes, saved but one member, and he

the steady advance of the electorate in taking power into their own hands. 115 If any mistrust the peopleif any have misgivings lest the masses be incapable of using wisely the powers they have assumed, he may find relief in the thought that whereas the average mature American of the year 1800 had enjoyed but 82 days of schooling in his life, his descendant of today receives 1034 days' public instruction. The trend toward democracy may be the result of men's conscious, deliberate design; it may be unconscious destiny.

!;
States are not great,

Except as men may make them.
Men are not great except they do and dare;
But States, like men,

Have destinies that take them,
That bear them on, not knowing how or where.

by a narrow plurality: In 1896, tho gaining 9,000 votes, the Republi-
cans lost four of their six Congressmen, while the fusionists gained
four on a gain of 56,000 in popular vote. Ignoring the non-fusion
Democratic, and scattering vote, in 1890, 140,768 populists had five
representatives in Congress, while 122,682 Republicans had but two.
In 1892 the division was nearly or quite equitable. In 1894, 150,013
Republicans out-voted 109,971 Populists in the ratio of six to one. In
1896, only two members represented 159,699 Republican citizens, while
five represented 166,504 fusion voters. Since 1898 the representation
of non-Republicans has fallen off, until for several years they are as
wholly unrepresented as tho they did not exist.
(115) Nor is the people's judgment always true;

The Mass may err as grossly as the few.-Pope.

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LAWS AND LEGISLATION TO PROTECT

OUR GAS AND OIL INTERESTS.

S. M. PORTER, CANEY.

The subject assigned for consideration in this article, has but recently come into prominence in our State. In fact, Petroleum and Natural Gas as commercial commodities in America, are comparatively new.

Within the recollection of many here present, the utilization of Petroleum or Natural Oil has advanced step by step until today it is probably the most universally used article in the whole list of household and general merchandise. The refined article, and the numerous bi-products which come from the raw or Natural Oil, find their way now into nearly every home in civilization.

By way of introduction it may be instructive to note that the first oil well actually developed in the United States was at Titusville in Western Pennsylvania, and in the year 1859. From that date to the present time the oil industry has advanced with fabulous strides, and now literally covers the earth. During the four years of the Civil War which immediately followed this first discovery, very little commercial advance was made in the oil industry. Soon after the close of the war, however, the real and substantial advancement began in oil development in the Pennsylvania field, and radiated from Titusville as a center. Many fortunes were made and lost in short order, then as now. As development progressed, many wells were drilled

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which flowed oil faster than it could be cared for. Later, the oil fields of Ohio, West Virginia, Indiana, California, Texas and Kansas have been prospected and put into operation.

Historically it may be of interest to note that Natural or “Rock Oil,” was known to exist in this country before the Revolutionary or Continental period. In 1750 Ft. DuQuesne, (now Pittsburg, Pa.) was in possession of the French, and the commander of the Fort in a letter or report to General Montcalm described the discovery or existence of “oil springs, so-called, where the oil actually flowed out of the ground. In Washington county, Ohio, as early as the year 1814, Petroleum was observed in wells used for domestic water purposes, and frequently water wells were ruined by Rock Oil so-called, settling on top of the water. Later, in the year 1819, Natural Oil was found in Wayne county, and in Cumberland county, Kentucky, and in 1829 at Burksville in Cumberland county, a very strong flow of oil was found in a well drilled for brine to be used for stock watering purposes. This well was ruined for watering purposes, and a large flow of oil caused much excitement among the inhabitants of that vicinity. California, Texas and

. our State of Kansas have in late years come into great prominence as oil producing states. It should be noted as a matter of information that no oil discoveries on the Western Continent have anywhere near approached the enormous yield in the Caspian Sea district in Russia. At Baku, Russia, and within an area of less than a township in Kansas, more oil is produced than in the whole oil territory of the United States.

On the Gulf Coast of Texas, in the vicinity of Beaumont, a very erratic condition in oil production has prevailed. Here is found the strongest flow of low grade oil ever discovered in the history of the oil industry. This yield of oil, however, has been of short duration, and for the past two years this flow has attracted little attention.

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OIL IN KANSAS. The oil fields of Kansas and adjoining territory are of very recent discovery. The first real and practical oil and gas development in this State was at Paola in Miami county, in the year 1882. By the end of the year 1888 several wells of small capacity had been drilled. These were mostly the result of searches for gas, which at that time had begun to attract attention as fuel. Oil has now become a very pronounced and prominent item of wealth in the general resources of the State. It has been roughly and conservatively estimated that our oil interests at this time are worth $100,000,000. All this additional valuation has been added or brought to light within the past ten years.

In closing these introductory observations, the writer wishes to add that to him it has always seemed strange that the development and utilization of our Natural Oil products remained so long dormant. Fifty years ago Petroleum was not known or recognized as having any fixed or market value. Yankee enterprise and ingenuity in this instance, were somewhat delayed in coming into action, but when once fairly started this industry advanced until now it has assumed collossal proportions, and to the extent that nothing exceeds it it commercial importance. The most plausible reason that occurs to us for the tardy start and upward rise in the oil industry is that of Necessity. According to a homely adage, “Necessity is the parent of Invention,' and about fifty years ago whale oil lamps and tallow candles were the principal methods of lighting people's homes. Whaling on the open sea had become dangerous and unprofitable. Population was rapidly increasing, and the methods and materials for supplying lights were not adequate to the demand. Hence experiment and analysis were vigorously directed to Petroleum or “Rock Oil,” and the result was the triumph of American genius and persistence to such an extent that it can be truthfully stated today that the

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