Western Kansas world., 1893-10-21
HE KNOWS THE LAW.
And What He Says is Binding
on Fair Minded People
of All Parties.

s. o. Thacher, senator from Douglas
county, is natural born lawyer and ;
natural born Judge. He is always fail
and even in his opinions and makes al
sides equally his study. His opinions
ON the legal questions involved in last
winters quarrel cannot be successfully
controverted by any man living. His re-
sumo of the whole case as here given
should be read and re-read by all Kan.
sans until it can be repeated ''by heart
TOPEKA, KANSAS. September q, 1888.
Hon. S. o. Thacher, Lawrence, Kansas.
My DEAR SIR AS member of the senate
during the session of last winter, you added
much to your already established reputation
as a man learned in the law, ardent IN your
beliefs, and at the same time fair and just
to fault. (if such fault were posslble) IN
your judgment of other men and their con-
duct. / cannot think of one more sure than
yourself to have thought your way carefully
through all the discussions of last winter
and to have come to the right conclusions
on every phase of the many-sided debate. 1t
,aems TO me right, therefore, that you should
tell Kansas people precisely what you think
of the main points of difference between the
two sides last winter, touching particularly
on the organization of the house, the opln-
ion of the supreme court. the calling out OF
the militia, and the course pursued by Col.
Hughes and the sheriff of Shawnee county.
Permit me to urge that you give my request
very careful consideration for the good of
all concerned. Yours very truly,
c. S. GI.EED.
LAWRENCE, KAN, Sept. %, 1898.
Charles S. Gleed, Esq.
DEAR SIR:-Yours of the 25th inst,
asking me to give my views of the main
points OF difference between the two
parties last winter ''touching par5icu-
larly on the organization of the house,
the opinion of the supreme court, the
calling out of til militia, and the course
pursued by Colonel Hughes and the
sheriff Of Shawnee county" is before
me. In as brief space as possible
will comply with the request.
Almost the entire debate can be found
by those interested in the matter in the
opinion of the supreme court in the case
of In re Gum, 50th Kansas, 155, 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 Jour-
nal of the Dunsmore house published
by the secretary of state, and the re-
turns of the election board of the sew
eral 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 party was in the right and which
in the wrong. No one has stated better
than Lieutenant Governor Daniels in
letter to Governor Lewelling touching
the mining difficulties in southeast
ern Kansas, the fact that in this coun-
try, law, as found in the statute books
and as declared by our courts of final
resort and as embodied in unbroken pre-
cedent and custom, must govern all
parties alike, and that anything different
from this is anarchy, step backward
towards barbarism.
The question to be answered in this
paper is a very clear one. What were
the rights, under the law, of the respec-
tive parties to the control of the house
OF representatives? On the one side
stood the republican members elected to
that body, as we'll as the democratic
members, and OF the other those who
were elected as populists. OF the latter
there we're fifty eight in number; OF the
former there were sixty-seven, making
total Of 125 members, all that the house
could lawfully consist Of.
The sixty-seven members elected by
the people, as found by the records in
the Office Of the secretary OF state, made
the body called the Douglass house; the
other fifty eight members made the body
called the Dunsmore house. lido not stop
to consider that in Haskell county cleri-
cal error gave the election to Mr.. Stubbs
instead of to Mr.. Rosenthal, for both par
ties, Stubbs and Rosenthal, acknowledged
the mistake and Mr.. Stubs never
claimed the seat nor was sworn in; but
at the first meeting Of the sixty-seven
members Mr.. Rosenthal was recognized
as the lawfully elected member.
One other thought is to be considered.
The populist members of the state ad-
ministration were, believe, with one
exception, men unlearned and unskilled
in the law, and the advice which actu-
ated the administration was received by
it largely from three men who had de-
servedly very wide reputation in the
state for ability, and, may say, ad-
vanced views on all questions. These
men were Messrs Doster, Webb and
Clemens
I think it is fair to say that whatever
positions were taken either by the Duns-
more house or bv the state administra-
ton on all legal questions were, be-
lieve, results Of the advice OF one or all
Of these gentlemen. Neither do I criti-
else at all the action of the administra-
ton in listening to the counsels 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 it was clear that under
the authority Of law, as recognized from
the foundation OF the state to the pres
emit time, the republicans had right to