The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1893-03-03

in the injunction case brought by the
republicans against the state treasurer
The Capital published what -IsIrp0rtz 90 be
the opinion delivered by Judge Ezazeu iu the
D Injunction case commenced ia the district court
by County Attorney Curtis in the name Of The
atAte OF Kansas against tne state nualLor ana
f state treasurer. i VguE not prazsl when Judge
HIzen delivered his opinion, and do not know
wbether he is correctly reported OF not but
there are some things appearing iu that opinion
which are not wholly new 70 me, bun which I
never stated nor assanted to,uud which never
for defendant Judge Edazeu first states the
case as he understood it, and what he REGARDED
-s the contention OF -hc parties respectively
aud then proceeds 10 state what .is shown uy
the evidence ia the case H.
was not present during the Offering of aBr
evidence except q portion OF an aiidaFlt made
ny Mr. Frank j. Brown and viii not there
fore undertake 10 say what testimony was Of
Tered n9- what % proved. or what 10 failed 20
prove But this much say for myself that
the court could not legally hear aay oral tcstI-
mouy given by Witnesses nor any am5uvit OF
I legally trg the case, or the motion for an In
] iuBctIon upon the recori and urou me record
alone; ana ia this case Ihc only competent rec
0rds were the enrolled bill Itself the legality
Of which was attaelzed, and the journals Of the
Of the enrolled bill was set out in the petition
I Upon its face &c uuEuortcd 20 be q lcris-
I laEFe enactment pa-5ts uF tHe senate nnd
I proved by the governor; and the petition
I alleged that the bin thus passed ana approved
had been published lu the onlcll4 state paper
( Every pres ImIuiou of law WIS ana is ia favor
7 OF The validity or that bill The court had
/ legal righs 20 look into or rahe ans testimony
/ 10 impeach the validity OF that bin, except the
/ journals OF the two houses which passed -it-
/ and it could examine those Journals only for
the purpose OF seeing whether the bin iu cash
house had received o constitutional majority of
I thC members thereof. representing 3sCuaIuPlll
[ or representatives districts CrratCd- by law
tuts1ls OF such evidence every lAlu3 li-+L if47
u1erad- no matter OF what character, was lu-
competent and irrelevant and should have been
[ rejected by the court
The uppOrtiouulCur act passed iu 1891 Created
forty senatorial districts defining them. uEl IT
. created l25 representative districts. each OF
which was properly defined 2f tae1 journal of
the senate shows that the1'giu had received the
votes OF tWenLy-oue or more senators represent
lou-ALL "CeLa ALo" thaE inc Dan was ies'ally
passed by the senate and In the house journal
should show the nuales Of persons admitted as
members rom the districts created by law ana
should show that siEiV-throc or more OF tbs
persons SO admitted from such districts had
rotzl IN IaNor OF the passage ai tLe DIR then
the house journal would show that the
bin had been lera-ly passed. uy the
house Of representative IL this testi-
dlonv avgas not offered. then tho GlresrruDtf0r.
OF law would prevail, that bill winch has been
enrolled and signed by the governor, ana nu1- |
lished as required by law, was duly passed by
the two houses % the legislature and The court
would oe bound ia law TO sustain the vLldi- .
No4fe ~3oh the iellLA-t7 lA any efLion "lere ]
the validity Of Legislative enactment is .
urolEnll in quesLloL 70 prove ann tL4atl'elF That
Of the law is thatIt was legally passed. and the
parity who attsczs it IS required TO show aniEm- |
nt!Vely' and pNthe record itself that 10 did not
receive the requisite number Of votes
But Judge Efazen iu mis- opiulou speaks OF I
1.-Two houses of rcpFescu fives, one known as
the Douglass house, and Eo states that ]
each of these houses has been and is assuming 4
ana claiming TO be "ths legal houseIo repre-
sentatives." quote from his opinion the fol- /
lowing putlsraph.-
The question now arises Vhethor the courts /
h1Ne-to determine which one OF these gouses
Is the legally organized house of repre-
reutatives-"
Judge Hazeu seems 10 -hiulz- that the district
court over which he presiles had the power 10
determine The question deny j. The dis
triCt court never Old haFG, and under CoHstILu- ]
aoual government never can have the power 10 ]
determine this gues tiou upon any state OF facts I
such as he reCites In his opinion A coret I
sight, in proper cases, determine whether "a I
Legislature" which passed @ legislative enact
moEt was a legal body, or legally in session
lo-ss anu tne senate toA7i-eteo tGsetncf ]
Such cases might arise where the journals of
tho RwO houses. or or either or Them, should 4
show that The legislature had Fo. unfairly CON
veued at time not authorized by the con
stituliou, and not duly called into eztraordf-
mary session by proclamation Of tho gov
srIorr and not recouTeueu in an adjourned sas-
sion pursuant 10 It's own prior adiourumoEg Ie-
gaIly made IN such cases, even though tEs en-
tire membership Of each body was uuoucz- ]
toned. 10 would not make "a illegal lCEIsIature,r
or rather it would not be O legal session and
y1ouId be authorized 10 dluGge its enlctmeuts ]
void But when the tive houses % the IsEisIa-
~ the constitution, and proeued 10 organize,
each having a membership eIu1L 10 OF greater
thau majority or ull the members elect there
torana these llcts appear upon lnc Journal which
the constitution declares that each house shall
keep and publish then an questions in re-
CARA To- the Nal4lty OF Lnc legislature
lEB f5rGcIosed- no court has any right
to inquire beyond that for The
purpose or determining the FaI4aity OF the leg
stature Nor can Ehers be two houses of rep l
reseutltIves OF the same legislature al the same
time II there be two bodies OF iuleu- each
naf 1aaE. D. .HF1
branch OF the Legislature and the executive in
Thom IS vested q part OF the legislative power
srative actiou iu the process OF law making
which Of The two is the legal house,
luc when they have decided that quastlGl iE tg
ietted ana forever Bat had the following
% Judge Hazeu's opinion,
s-Et caHuot be claimed in this case that either
lousg is de facto house, Decaz1e during the .
inLire time from the tOth Of January TO the
present both houses have begl- meeting iu the 5
same hail. each house has been disDullng the {
he exclusive possession of the hall; Dut their
POSSESSION has been equal"
sIl the contention OF defendants is true an I ,
.ct can become Q law without haVlls passed
h--gsg5e OF represent1tlEesi for lL ls claimed Z
IS defeudauts, and argued By their counsel, !
ct o. house OF repEeseutat tiEes. elect its OH
ers. pass bills. and &c these bills 50 passed re-
elFe the recognition OF the senate ana tn7 sis-
aturc OF she governor they become The laws OF .
Kansas although The persons who composed
he supposed house OF Fepreaeuia,3lFes had never =
cen Caudis dates for th1r position and cad no 9 Z
uthority 10 att except ass uEaed authority
The FIRST clause og the foregoing ez tract 7 I =
axe it was not carefully considered Judge +
iazeu says, Is made 20 say thlt 'it cannot be y
lalmed ia tHls ease that either house is Gle T.
zctc house" and yet he says shat ever since
he f1th OF January each Of the rFo bodies con-
ending for supremacy has been in session fH
be hall oE tte house OF represeu lLFes. and 10 ID
not only admitted but IS specially alleged Lu O
be petition, that the sfDuusEu1re house acted VI
8 the house % represeutstiFls and passed the %
srF Dill which iz now brought ia question 2
his shows de faern house beyond question %
.VeEg de lure olilceE lHu every GG fure body ID
also @ Gle Eacao osllcer OF Body whenever @
e or it acts ~ pTatznas 10 acL as the ohiceE =
body which it assures 10 De But eou- p
sna that tLs Duususore house was and ls q q
6 iure house tiz membership consisted OF a
lore siiau zlEts-iilr persoE1 whose Glecron "
s members uf 4he house cf reprealuglriFez D,
ON districts crested hg ilw has never been
leatt1la-i IG ans 5dly- Al la4 tha1 mem beg %
alp on tae lrat day OF tie session. aHd 90 had ID
lat 1neul1arshiu on every au1zzi-an- day % I'd
la session -nd more fh1I EiEfs-t--Eae mem =
sra q Lha- r1dg- voted lsr tla auIrspriatl1u :.
-u sshi1l Jn5ge Hazel ls-fdaa sd. ~ invalid. q
but the llsEt fa1izrlca1is nlss--s q t1e fore 8
alu3e1zul1l Iasi-lr -5ssl97 i-uz Hsoz b q
'ft i= l-at-- -
.1-r ca1lsrU al1la ~ garf l-sr 1a.arr 7
lir T t