People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-03-03

opposed to system OF our government and sub
yersiye Of il.
The presumption is declared by this court in
very many instances as that every officer. every
body ofmen will act honestly and will discharge
the duty that devolves on them under the consti.
tuition and laws, and the presumption in this
case Is that the executive of this state and that
the senate Of this state have discharged their
duties ialrly and honestly Now we are called on
IN collateral proceeding to overturn the action
oil the executive and overturn the action Of the
senate To overtuin the legislature az this state
which has continued from the 10th day Of jam.
airy down to this time, and merely because Of a
view entertained by the members of this conrt
as TO what the duties of the several members NJ
the legislature were in organizing; that becauss
OF view of this court as to the effect OF certain
certlncates as evidence OF the right OF members
OF that body to participate in the proceeding on
organization, We are asked to overturn all the
deliberations Of the senate Of this state all the
actions OF the governor of this state and all OF
'ne legislation already passed. This court
assumes TO dose N the hasty consideration of a
case OF this kinda case on collateral proceed
lnss where neither one Of these bodies has the
right to be heard.
something wac said by the chief Justice with
reference TO the effect Of a decision made nv
Judge Hazen of the district court Of this county
IN determining this question, and il | caught
the remark of the chief justice, it was to the
enect that decision Of Judge Hazen and an ap-
phcation FOR Temporary Injunction bending the
nearing and decision of case in that court was
conclusive on all of the people of this state until
after 1t was set aside. Certainly that position
Will not be maintained by the chief Justice him
sell on reflection. The scope Of that decision
certainly is simply to restrain the treasurer of
TINS state from paying out money until the case
can De tried on its merits in that court: and
while II IS peuding and until that order is set
aHlde' there can be no question as to its binding
enect on the treasurer Of this state. But as de-
cislon OF the question as to which of these two
bodies is the legal house Of representatives,. I
must most respectfully say that as lawyer do
not regard 1t as final decision upon that oue,-
tlon nor as having the force or effect of the iud
cial determination of that question. The wbolo
time given by the constitution to the lepislature
ior the performance of its duty has nearly EXPIRED
That Is, the time for which the members can re-
ceIve pay. We have the spectacle of an eyecu.
tive, senate and house of representatives
working In conjunction, passing appropriation
DIS passing the various beneficial legislation
demanded by the people of this state until
nearly all the duties of those bodies have been
performed. 1t must appear after n monor,,s
ueliDeratlon impracticable for these two bodies
the douglass house and the senate-to come
into such relations after this determination as
10 perform the functions of legislation durinr
this session. considering the brief period Of time
remaining. 1t seems to me the force and effect
vi TINS decision must necessarily be that this
STATE Is without legislature, and that such con-
cluslon Is reached and such condition brought
about by collateral decision in this case. Did
the constitution, or the forms Of the constitu.
ton. or the people CT this state on adopting IL
contemplate that after legislature had been in
session nearly its entire term; after the GOV.
ernor OF this state and all the executive
departments; after even the official state paper
not allied in political sentiment with either
the executive or senate or the house had pub-
llshed the laws aud en9ctments OF these bodies:
that after all these things have occurred that the
court may ia this manner Overturn all that Ias
been done.
But before the Douglass house can restrain
any citizen of his liberty, it must be the house Of
representatives. it must be in the discharge Of
the functions Of house Of representatives.
Inns warrant was issued on the 18th day Of Feb
ruary; 1t was issued after laws had been enacted
or attempted at least to be enacted. by tbc
mouse and senate and had been approved BY the
governor and published in the official state
paper; had been filed in the office of secretary NJ
state; had received all those sanctions which
the constitution required in order to make them
effective as rules of action in this state. This
mouse presi ed over by Douglass undertakes 10
exercise the power of house OF representatives
ana 10 restrain citizen Of his liberty. The
question here presented is not whether the
Dunsmore house is the lawful house, but it is
as to whether the Douglass house is in fact n
mouse OF representatives performing the duties
of such house.
how can it be said that body Of men whom
the executive Of this state refuses to recognize
as representatives. whom the sanate OF this ..a..