The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-03-01
ernOr recognized the DuusmOre house. If

ernor recognized the Duusmore house. If
that was the law the governor and senate
two years ago might have destroyed the
pOpuiist house and created a republican
house. And two wears hence and
so on throughout future history
other Legislative bodies might be over
turned 10 accomplish partisan ends. If
the Douglass house had voluntarily dis
solved when the governor and senate rec
ognized the rival body the question OF de
fecio government would have been a
strong force in the case, but it did not dis
solve and it was still in existence.
In The course of his opinion the chief
Justice incidentally indorsed the action
OF Judge HaZen of the district court in
making permanent the injunction against
State Treasurer Biddle restraining him
from making payments out of the state
treasury upon authority of Appropriation
bills passed by the populist house. In
conclusion the court pronounced formal
decision of the habeas corpus case and an
nOnnced that Justice Johnston concurred
fully in The courts opinion.
Justice Allen DisseutS.
Mr.. Justice Allen delivered dissenting
opinion. holding that the supreme court
had no jurisdiction in the case, and as the
uopuiist house mad been recognized by
the governor and senate it was a de facto
org nization and its acts were good in
law
The decision of the court puts an end to
q condition of affairs more unique and ex-
citing than anything which has thrilled
Kansas since the border wars. The rival
houses. which have been struggling for
the mastery, sometimes by parliamentary
means, sometimes by force and at last
through the judiciary, will now probably
unite in one body and transact much
needed business. The acis OF the
populist house having been declared
to be illegal. al the appropriation bills
wall have 10 De passed over again. The re-
publican house has passed many bills and
they will be sent 10 the senate at the first
opportunity. The present session of the
legislature expires by Limitation March .,
aUt IL viii be necessary 10 held an extra
session in order to transact the business.
The constitution provides that members
may draw per diem dues for only thirty
days Of any extra session, and an effort
Will be made to close up the business
within that time
Itseems to be the general decision of the
pUpulis;s to respect the decision OF the
CHuab anu tltc lOpui4bb HiSuCtfe VIII
probably meet with the republican hOGse
on Monday. The leaders all declare that
the courts decision is wrong ahd that they
will appeal from it to the people at the
next election.
A. Affecting Martins Election.
The effect of the opinion upon the cleo
ton Of Judge John Martin as senator
seems to be an uncertain quantity. Judge
Martin was elected by ioint eonyention
OF the popullst house. The popu-
list house having been illegally organized
it is a question whether Judge Martin S
election would be recognized by the SEN
ate The republican and sta!Wart demo
Gratis. however. have decided to
make no election and there being no
con testant for the seat and Mr. Martins
credentials being regular upon the face
might be accepted by the senate. Ii NAV
be that Joint convention OF the house
and senate NAV he held later to choose a
senator, and ia that event the democrats
would doubtiess Join the populists and
ratily MT. Martins election.