The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-18
A NOVEL COMPLICATION.

The legislative situation in Kansas, if
correctly reported in yesterdays dis
patches, which is hardly credible, presents
the possibility of complication never be-
fore experienced in this country, and one
which might establish a precedent ex-
tremely far-reaching in its consequences.
This foreshadows an extreme exercise by
one branch of its night to pass upon the
election and qualification of its members,
by the arbitrary unseating of consider
able number of the minority, and retalia-
ton on the part of the other branch BY an
adjournment sine die.
The former course would be base, aggra-
waiting and indefensible, but would not,
like the latter, be unprecedented. num-
Der of states, almost equal to the number
that took part in the secession movement,
are now passing through an experience
that viii impress the necessity of some
new and safer mode for settling election
contests, and in this, as in all other tests
of our system, the American people will
prove equal to the correction of manifest
and threatening evil.
But no matter how aggravating the in
centive, the adjournment of one branch
sine die without the concurrence of the
other, would be an infraction of the plain
letter of the state constitution and of
federal law. The former fixes a limit on
the time for which either branch may ad-
journ while the other is in session, and
the federal law regulating the election of
United States Senators prescribes time
and manner for the two houses to meet in
joint convention.
Therefore, if the Kansas House should
proceed TO carry out its threatened out
rageous purpose. and the Senate should
7etaliate by an adjournment sine die, these
two questions will arise whether the
Governor, acting under the constitution.
can take any official action which will
recognize this adjournment as valid; and
whether the voluntary absence of the
Senatorial members would invalidate or
make impossible the action of Joint con-
vention attended by more than moiety of
the whole membership.
There is one answer 10 this latter cues
ton which, applied 10 national affairs,
might defeat the election of a President
by the people and revolutionizins our
government. In order 10 determine and
declare the choice Of the people for Presi-
dent and Vice-PTesident the constitution
prescribes certain course 10 De pursued
by the President OF the Senate. in the
presence of the Senate and the House of
Representatives. But suppose that, as is
suggested in Kansas, one o. the other
/ branch Of Congress shall have adjourned
sine die, or shall refuse 10 be present,
would their voluntary absence preclude
those present from performance of their
duty under the constitution? II so. q
dynasty can be established and our gov.
ernment revolutionized by very simple
process.
As has been remarked, this crisis in
Kansas, and similar conditions con-
temporaneously in several other states
make it evident that there is serious de-
feet, and one which must be corrected if We
would avoid ealamitous results in the
future. in our system of settling legislative
contests. And singularly enough, such
strains upon our governmental system have
required in cycles of thirty years. The
first, impelled by the alien and sedition
laws was test Of federal functions. result
Ing in the establishment OF freedom OF