The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-02-27

Additional figures on the cost of the
Panama canal.
Gladstone receives new Endorsement for
hie home rule bill.
Miss Julia Force, of Memphis murdered
Aer two sisters Florence and Minnie.
Parkhurstism in New York said to be
breeding crime In the shape of malpractice
cases.
Populist rebellion in Kansas Is over. and
the routed farmers will take their seats in
the House to-day.
Millionaire John w. Mackay will soon
recover from the bullet of the would-be
sssassion in San Francisco.
From the Second Edition Of the Sunday Journal
Decision Against Kansas Popuiists.
TOPEKA, Kan, Feb. 25.-The Supreme
Court this morning. Chief Justice Horton
rendering the decision. Justice johnson
concurring and Justice Allen iPopulist)
dissenting. sustained the Douglass. or Re-
publican. House as the legal and constitu-
tional House of Represen tatIves OF the Kan
sas Legislature. and incidentally declared
that the acts of the Dunsmore. or PODu-
list. House had no standing In law. The
opinion of the Chief Justice was given
orally, and occupied an hour and forty min
utes IN delivery.
The decision was in that case known as
the Gum habeas corpus case. The Re.
publican House caused James &. Gum to
10 W tcsbiiy III u COutCotou
election case. Gum ignored the summons.
claiming that the Republican House was
not the cOnstitutlOnally organized House
of Representatives. The Republican House
ordered its Sergeant-at-arms to arrest
Gum and take him before the bar OF the
House to receive punishment for contempt.
Gum at once instituted habeas corpus
proceedings in the Supreme Court. In it's
decision to-day the court denied the appli-
cation for writ. deciding that the Repub.
tionally organized and that 1t had the
right and power to enforce its mandates.
Chief Judge Horton in delivering the
opinion started In by reviewing the we'll
lzatlon OF the rival houses and declared
that, upon the allegations made. the court
had before it q matter to decide judicially.
He said the evidence showed that the Re-
publican House was organized by sixty
four members holding certificates OF cleo
ton from the Secretary of State: that the
POpulist House was organized by fifty
eight members holding certificates and
twelve contesting members, and that three
members took no part In the organization
Of either House. The Chief Justice then
went into review of the manner In which
legislative bodies are organized, and cited
McCray on elections, to show that the
proper persons to organize House were
those holding certificates, and, In support
OF McCray. read passages from Cushing's
Manual. The Supreme Court of Nebraska
had taken that view OF the question In
support of this theory he declared the
scenes recently witnessed In the Kansas
capital fully justified such rule.
In the case now before tho court, the
Chief Justice continued, no showing had
been attempted that there was fraud or bad
faith In the State board of canvassers.
There had been presented q revised jour-
nal" of the Dunsmore House. evidently
carefully prepared, and yet that journal.
dav aft tn a
only members holding certificates had
authority to act. For several days it set
forth that fifty eight members responded
to roll call. and others were counted in as
present. but not voting. in order TO make
quorum, the other members of the House
being characterized as contestants. This
record was kept up until the contestants
were formally taken In by a vote of the
House. Then the journal showed that the
Dnnsmore House accepted the presidents
laid down in the books as correct.
Much had been said about the Reed fed
eral House. the court went on. In support
of tho practice of counting in members.
but the Reed House had rule. formally
adopted, upon whlch il obeys the Speakers
ruling. The Dunsmore House had adopted
no such rule. More than i've persons who
were counted in by the Dunsmore House
had never recognized 1t as such, but were
carrying on House of their own. Speaker
Reed never counted IN any persons who
had not recognized him as Speaker. Now,
there could be no question that the Doug
lass House was organized by the vote OF
sixty-four members who held certificates.
1t was claim ed, the Justice went on. that
there were some irregularities In the or
eenization of the Douglass House because
il did not receive the roll Of membership
from the Secretary of State, but 1t had q
duplicate OF that roll. The Secretary of
States failure to lay before the House q
roll co1ld not prevent an organization.
Ii was urged, Mr.. Horton declared, that
<hao mt int fora fr.fh a
troversy between the rival bodies. but the
Supreme Court could not pass by ques-
ti0n because 1t was an unpleasant one. 1t
had no more right to decline the exercise
of q jurisdiction than to assume jurisdic-
ton that was not given to IL. 1t was
claimed that the Douglas House was de-
stroyed when the Senate and Governor REQ
ognlzed the DunsmOre House. If that was
ago might have destroyed the Populist
House and created Republican House.
And two years hence and on throughout
future history other Legislative bodies
might be overturned to accomplish par
tisan ends. 1T the Douglas House had vol
unfairly dissolved when the Governor and
Senate recognized the rival body the ques-
tion of de facto government would have
been q strong force IN the case. but IL did
not dissolve, and 1t was still In existence.
In the course of his opinion the Chief
Justice incidentally Endorsed the action OF
Judge HaZen, of the District Court, In
making permanent the Injunction against
State Treasurer BIddle. restraining him
from payments out of the State treasury
upon authority of 8ppropriatlOn bills
passed by the POpulist House. In conclu-
sion the court pronounced formal decision
on the habeas corpus case, and announced
that Justice Johnston concurred fully In
the courts opinion.
Mr. Justice Allen delivered dissenting
opinion, holding that the Supreme Court
had no jurisdiction in the case and as the
Popuiist House had been recognized By the
Governor and Senate IL was de factO or
ganIzatIon. and Its acts were good in law.
The decision of the court putG an end to a
| condition of affairs more uniC 10 and excit-
ing than anything which has Chrilled Kan
| sas since the border wars. The rival
Houses which have been struggling for
| the mastery. sometimes by parlia-
mentary means, sometimes by force. and
| at last through the Judiciary. will now
| much-needed business The acts OF the
| POpulist House having been declared TO be
illegal, all the appropriation bills Will have
| to be passed over again. The Republican
| House has passed many bills. and they will
! be sent to the Senate at the first Opportuni.
| ty. The present session of the Legis.
| lature expires by limitation March
3. and it will be necessary TO
| hold an extra session in order to transsc,
the busiuass. The Constitution provides
that members may draw per diem dues fol
only thirty days of an extra session, ana
| an effort will be made to close w
the business within that time.
German Farmers in Politics.
| BERLIN, Feb. 25.-The strength of the
agitation led bV the Farmers League de.