New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-26
KANSAS REPUBLICANS WIN.
TIE STATE SUPREME COURT DECIDES IN
THEIR FAVOR.

THE REPUBLICAN HOUSE DECLARED TO BE THE
LEGALLY CONSTITUTED BoDY-A roPULlsT
JUDGE DIssENTS FROM THE OPINION.
Topeka, Kan, Feb. 2j.-Chief Justice Horton
to-day consumed two hours in reading the de-
ciSion of the Supreme Court in the Gunn haDeas
corpus case. His conclusions were of the most
emphatic character, and were to the effect that
the Republican House was the legally constl-
tutcd House of Representatives OF the State, ana
was clothed with all the power of legislative
body. 1t could subpoena witnesses To testify
bc.Jrc committees. and punish those gullfy oil
contempt Of its orders
Associate Justice johnson fully concurrcd but
Associate Justice Allen. the Populist member OF
the court, said that he radically dsscntcd lie
held that tie court had no power to question
the decision Of the Senate as e. which was the
legally constituted House. The members OF the
Senate, he said, were as supreme in their sphere
as the members of the court. The Governor
a 50, he maintained, could not be questioned by
the court in any of his official acts. In concl'-
sion he declared that the majority OF the court
had ovcrstcppcd its line Of duty as laid down by
the Constitution.
The question 1T issue. the Chici Justice de-
clarcd was whether the Douglass House of Rep
rcscntativcs bad legal authority 70 arrest Gunn
II there was one Iousc only, the duty Of the
court would he casy and plain, but II appeared
from the respective journals thu there were two
Houses claiming III" right to loeisatc. He then
went briefly INTO the way legislative bodies are
organized, and cltod Mctray elections to show
that the proper persons to organize Il House wcr"
tho~, holding certificates. and IN support OF
McCray. read passages from Cushing's Manual.
ho of \.br IA n
than January Il. Of this year. had taken that
view Of that question. Ia support Of this theory
he declared the scenes Lately witnessed IN the
Kansas Capitol fully justified such rule In the
main he said il was undertaken 10 ignore the
statutes in ma ing returns Of the elections of
legislature, and riot and violence resulted. IL was
urged Mr. Horton said, that the court corld not
interfere in the controversy between the rival
bodies, but the Supreme Court could not pass Dy
a question because il was an unpleasant one. III
had no mora right 70 decline IN" exercise OF
jurisdiction than 10 assume jurisdiction mat
was not given to il. II was claimed that tho
Douglass House was destroyed when tile N"na'"
and Governor organized the DunSmor" House
II that was the law the Governor and senate two
year. ago might have destroyed the Popullst
House aud created a Republican llcuS. Ard two
years hcncr. and on through futur" history
other legislative bodies might be overturned 10
ACCOMPLISH partisan ends. II the Douglass House
had voluntarily dissolved when the Govcrnor and
Senate recognized the rival body. the question OF
do facto government would have been a strong
forcc in tho cas. bat it did NOT dissolve, and 1t
was still in existence.
In the course of his remarks. the Chlet justice
incidentally indorSed the opinion Of Jndg" llazen
in the Injunction against State treasurer
pilJi, bondad down Inst week
Leading Populists say they will accept tn"
decision Of the court until the next election when
they will 20 before IN" public confident Of being
sustained in their course. The present session
Of the legislature expires by limitation March
:. when 1t is expected the Governor will call
an extra session.
The Dunsnore House last night adjourned I'M
til Monday. H. is said that yesterday
poll Of the Dunsmore House was made and
that the majority voted TO Ignore the de-
cison of the Supreme Court should it be- in favor
of the Douglass House, but this majority was
caused bv the ten " fiat" members VINO un icr-
stand that surrender means the loss OF their
seats The Republicans fully expect 10 welcome
some of the Populist members, and it is believed
that all of the certificate members will join the
procession by Monday.