Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1893-03-09

SETTLED BY The COURT.
Kansas Republicans Win a Large
Victory From the Populists.
Their House Decided to be the Le-
gally Organized Body.
Populist House Will Dissolve and Join the
Rival Organization.

Topeka (Kan.) Special: Chief JUS
tice Horton today consumed two
hours in rendering the decision of the
supreme court iii the Gum habeas
case. His conclusions were of the
mont emphatic character, and were to
the effect that the Republican house
was the legally constituted house of
representatives of the state ands-Was
clothed with all the power OF a legisla-
tive body. 1t could subpoena witnes-
ses to testify before committees, and
punish those guilty of contempt of it's
orders. Associate Justice johnson
fully concurred, but Associate Justice
Allen, the Populist member of the
court, said that he radically dissented.
He held that the court had no power
TO question the decision of the senate
as to which was the legally constituted
house. The members of the senate, he
said, were as supreme in their sphere
as the members ofthe court. Thegov-
ernor, also, he maintained, could not
be questioned by the court in any of
his official acts. In conclusion he de-
clared that the majority of the court
had overstepped its line of duty as
laid down by the constitution.
The decision of the court puts an
end to n condition of affairs more
unique and exciting than anything
h5,.I, l,.,, fhriIIal KanpaS cinna fha
border wa,s. 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 prob
much needed business. The acts of
the Populist house having been de-
clared to be illegal, all the appropria-
tion bills will have to be passed over
again. The Republican house has
sent to the senate at the first oppor-
tunity. The present session OF the
legislature expires by limitation March
3rd and it will be necessary to hold
an extra session in order to transact
the necessary business. The econstitu-
tion provides that the members may
NV pei dlitS lOI oHly
days OF an extra session and an effort
will be made to close up the business
within that time.
election OF Judge John Martin as sena-
tor seems to be and uncertain guam
tity. Judge Martin was elected by a
joint convention of the Populist house
and senate. The Populist house hav-
i.,., haa,, ,lI..u,, n,r
tion whether Judge Martins election
would be recognized by the senate.
The Republicans and stalwart Demo-
Gratis, however, have decided to make
no election, and there being no contest
ant for the seat, and Mr.. Martins Gre
dentials being regular upon the face,
might be accepted by the senate. 1t
may be that a Joint convention of the
house and senate will be held later to
choose a senator and in that event the
Democrats would doubtless Join the
Populists and ratify Mr. Martin s cleo
ton.
The members OF the Populist house
Immediately went into caucus to con-
slider what action to take in view of
the supreme courts decision uphold
ing the illegality of the organization of
the Republican house. After much
discussion it was decided to name a
committee OF three to wait upon the
governor and consult with him as to
their future course, and to report to
the house Monday. The general SEN
timent of the caucus was to abide by
the courts decision and to join the
Republican house forthwith. Thegov-
ernor, in an interview, took that view
of the situation. The committee will
make report to that effect Monday,
and the Populist house will dissolve,
and its members join the rival organi-
zation.