The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-02-19
Judge Hazen Declares the Republican House
to Be the Legal Body. and that laws Made
by the Populisis Are Invalid.
State Militia TO Be Reorganized BY Gov.
ernOr dwellings Parlisans.
Colonel Hughes Anxious to Be Court -Martisled
Attempt to Break Into the Barricaded
Rall-A Crank Comes to the Surface.
Their House of Representatives Declared ]
legal by the District Court


Their House of Representatives Declared IL
legal by the District Court
TOPEKA, Kan, Feb. Is-Judge Il. It.
Hazen, OF the District Court. this morning
sustained the motion of the Republicans
for permanent Injunction restraining the
State Treasurer from paying any warrants
issued by authority of the legislative ap-
preparation bill passed bye the PopulIst
House This is virtually a recognition Of
the constltutionality of the Douglass
House. and the members are jubilant oveI
the victory. Attorney general Littls ap-
peared for the State yesterday and filed a
motion for the dismissal of the case on tile
ground that proceedings were instl-
tuted by the county attorney in the name
of the State. they were instituted without
State authority. He alone had authority
to begin such proceedings. The motion of
the Attorney general was overruled yester-
day and the injunction was to-day made
permanent. The Attorney-general filed
notice of appeal to the Supreme Court
Judge Hazen in his decision said that he
had no authority to inquire into the fact
of the election of members of the House OF
Representatives. but he did have authority
to inquire into the legality of the certii-
Gates of election. He decided that the
sixty-three members who organized the Re-
publican House were armed with legal cer-
tifcates of election; that the sixty three
members werc majority of those holding
certificates. and that their organization
was the legally constituted House of Rep
resentstives of the State of Kansas: that
the Populist members who held legal GER
tificates of election numbered but sixty
two and that their organization of a House.
OF Representatives was illegal As such 10
had no power TO pass appropriation bills.
The legislative appropriation bill empower.
ing the Auditor TO pay the per diem dues OF
the PopuIist members had. therefore, no
standing in the law. and the court made
permanent the temporary Injunction re-
straining the Auditor from making pay.
ments under the law.
The majority of the Populist members
had already procured their money from
the Auditor before the injunction proceed
iugs were brought. Twenty thousand dol
lars was paid out in per diem dues and
salaries. 1t Is o matter of much interest
as TO how the State can recover this in the
event that the Supreme Court sustaina
Judge Hazen's decision that the bill under
the authority OF which the payments were
made has no standing In law. Judge Webb.
1. 4. Carver and other prominent attor-
neys agree. in interviews, thst Treasures
Biddle, who paid out the money on the
Auditors warrants. is responsible TO the
can be sued on his bond for its recovery.
Ate o'clock this morning the Gum habeas
corpus case was called in the Supreme
Court. Early this month the Douglass
House summoned T. G. Gum. of Labette
county, to appear before the House and
testify in q contested election case. Gum
refused TO appear. The Republican Ser
geant-at-arms sent for him and, placing
him under arrest brought him to Topeka.
Gum filed a motion In the Supreme Court
for q writ of habeas corpus and his motion
was heard this morning. Attorney general
Little appeared for the State. and filed q
motion before the court. asking full in
vestigatOn of the merits of the case. In his
motion he alleges collusion between Gum
and the Douglass House. He charges that
the case Is feiQned to get q decision
from the court on the constitutonality OF
the Republican House. and that it was ar
ranged with Gum ut the time of mis- arrest
that he should institute habeas corpus pro-
ceedings. In case that collusion is proven,
the AttOrney-generala asks that the case be
dismissed. The proceedings were. on mo-
tlon Of the Attorney general. POSTPONED till
Tuesday morning at 9 O'clock. It was ar
gued by the attorney representing the
Douglas House that the Attorney general
had no legal status in the case before the
Supreme Court. but that the attorney had
the right to be present and represent the
State for the conservation of it's interests
and to appear with either side as be saw