The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1893-10-20
Senator Thacher's Reply.

Senator Thacher's Reply.
LAwRt NCE Kan. Sept 20, 1893
CHARLES S GLEED, Esq:
Dear Sir: Yours of the cd inst, asking me
to give my views OF the main points Of differ.
ence between the two parties last winter,
touching particularly on the organization of
the house, the opinion Of the supreme court,
the calling out Of the militia, and the course
pursued by Col. Hughes and the sheriff OF Shaw
nee county is before me. In as brief space
as possible will comply with the request.
Almost the entire debate can be found b.
those interested in the matter in the opinion
of the supreme court in the case Of In re Gum,
5Oth Kansas, ioH, being the prevailing opinion
OF that court given by Chief Justice Horton.
and the dissenting opinion pronounced by Jus
tice Allen, the Journals Of the house and senate.
together with the so-called journal OF the
Dunsmore house published by the secretary
Of state and the returns Of the election board
OF the several counties Of the state. as found
In the office OF the secretary OF state. These
sources OF Information. while open to all, are
so voluminous that few will take the pains to
Gull from them the points in difference
and TO ascertain therefrom which part ::
was in The right and which in the
rong No enc has stated better than Lieut.
Gov. Daniels, in a letter to Gov Leweliing.
touching the mining difficulties in southeastern
Kansas. the fact that in this country, law, as
found in the statute books and as declared by
our courts Of final resort and as embodied in
unbroken precedent and custom. must govern
all parties alike. and that anything different
from this is anarchy, step backward towards
barbarsm.
The question to be answered in this paper is
a very clear one. What were the rights, under
the law, of the respective parties to the control
tof the house OF representatives: On the one
side stood the republican members. elected to
~1l..y 49, a. Il.
and on the other side those who were elected
as populists OF the latter there were 50 in
number: of the former there were 81, making a
total Of l25 members all that the house could
lawfully consist of
The s. members elected BY the people, as
found by the records in the office Of the secre
tar Of state made the body called the Doug
lass house: the other 50 members made the
body called the Dunsmore house / do not stop
20 consider that in HASKELL county clerical
error gave the election TO Mr.. Stubs, instead
Of to Mr. Rosenthal. for both parties, Stubs
and RoSe nthal, acknowledged the mis- take and
Mr.. Stubs never claimed the seat nor was
sworn in: but at the first meeting OF the o.
memters Mr. Rosenththal was recognized as
the lawfully elected member.
One other thought is TO be considered. The
populist members Of the state administration
were, believe. with one exception, men un-
learned and unskillei in the law, and the ad-
vice which actlated the aiministrat on was re-
ceived by ii largely from three men who had
deservedly o very wide reputation in the state
for ability, and. may say, advanced views on
all questions. The men were Messrs. Doster.
Webb and Clemens
think il is fair to say that whatever posi-
tions were taken either by the Dunsmore house
or by the state administration on an all legal
questions were, l believe. results OF the advice
of one or oil Of these gentlemen. Neither do
-criticise ut all the action of the administration
in listening to the counse,s OF men who stood
high in the legal ranks, not only OF the populist
party but in the state at large
When the time for the legislature to assemble
arrived il was clear that under the authority
d. law, as recoc nized from the foundation OF
the state TO the present time. the republicans
had a rieht TO the organization OF The lower
house they were in the numerical maiority and
that majority was swelled by the action OF
three democratic members joining with them
in insisting upon the due organization o! the
house under the long established and well set
tied precedepis in the state Moreover. it will
be remembered that the records in the ONCE OF
the secretary Of state and that they alone I'm.
Ill the organization Of the senate and house oy
The pc rsons found in that record rs being en-.
titled TO seats in the respective bodies, were
the only notice that the public could have. in
Guiding the courts OF who were duly elected
ties. 1 think agree rs to the law. The bodies
consisted, rs I have said, respectively OF 81 and
IS members. organized each with q set Of ON
GERS and each claiming to be the lawful body.
To the plain man there needs no argument r
show that the rights Of sixty-seven men 10 or
ganize o house are superior to that Of fifty
eight men; but here the pcpulis;s say tha
while there was An apparent majority Of tina,
kind yet in fact il did not exist One OF tn,
abiest and most plain spoken senators on tn,
populist side was Senator Sem Of Dickinson
county. He Is q man OF rugged. earnest con
victions and does not shrink from stating then
In the plainest manner, and believe him to b
entirely sincere. In debating the question il
the senate he frankly said in substance: =.
eoncede that the Law is with the republicans
chat on the face Of the records they had . ma
jority OF ali members elected to the lowe
house, but the question. in my opinion is great
er than mere law: Il is q question Of justice.
maintain that while the records show the re
publ,cans TO have the majority yet, as q matte
Of fact. the populists had the majority, an
therefore, Notwithstanding the apparent RICH
Of the republicans under the records to organ
Ire the house. yet in justice that right belonge
70 the other side" But here occurred . din
Guilty No one was able to show how the popu
:: lists had majority either OF the popular vot
Non q canvass of that vote or Of the member