The morning call., 1893-02-26

Supreme Court this morning, Chief Judge
Horton rendering the decision, justice
johnson concurriug and Justice Allen
tPopultsO dissenting, sustained the Douglass
or Republican House as the legal and con-
stitutional House of REPRESENTATIVES of the
Kansas Legislature, and incidentally de-
clared that the PopulisIs had no standing.
The decision was Of the case known as
the "Gunn habeas corpus case" The Re-
publican House caused James C. Gum TO
be subpenaed to testify in a contested elec-
tion case. Gunn ignored the summons.
claiming that the Republican House was
not the constitutionally 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, and
Gum at once instituted habeas corpus pro-
ceedings In the Supreme Court.
In its decision to-day the court denied the
application for writ, deciding that the Re-
publican House was legally and cOnstitu-
tionalIy organized. and that it had the right
and the power to enforce its mandates.
Chief Justice Horton, In delivering the
opinion, started In by reviewing the we'll
known facts in connection with the organ-
zation of the rival House, and then went
into review of the manner in which legis-
lative bodies were organized. aud cited
"McCray on Elections" to show the proper
persons to organize House were those
holding certificates of election.
The Supreme Court Of Nebraska no
longer ago than January II, this year, had
taken this view of the question. In support
OF this theory he declared that the scenes
l.ta -. tf, 81! f,II
justified such a rule.
1t had been urged. Horton declared, that
the court should not interfere with the con-
troversy between the two bodies; but the
Supreme Court could not pass by question
because 1t was an unpleasant one. 1t had
no more right to decline to exercise its
jurisdiction than to assume a jurisdiction
that was not given to 1t.
In the course of his opinion the Chief
Justice incidentally indorsed the action of
Judge HaZen Of the District Court In max
ing a permanent injunction against State
Treasurer Biddle restraining him from
making payments out ui the State treasury
upon the authority Of appropriation bills
passed by the Populist House.
In conclusion, the court pronounced
formal decision in the habea, corpus case.
and announced that Justice Johnston con-
CURED fully in the courts opinion.
Justice Allen delivered dissenting
opinion. holding that the Supreme Court
had no jurisdiction in the case, and as the
Populist House had been recognized by the
Governor and the Senate it was the de facto
organization. and its acts were good in law.
The decision of the court puts an end
to condition OF affairs more unique and
exciting than anything which has thrilled
Kansas since the border wars, and the rival
Houses will now probably unite in one
body and transact much needed business.
The present session of the Legislature
expires by limitation on March 3. and it
will be necessary to hold an extra session
in order to transact necessary business.
There seems to be a general spirit among
the Populists TO respect the decision of the
court, and the POpulist mem bers will prob
ably meet the Republican House ON Mon
day. The leaders. however. all declare
that the courts decision is wrong and that
they will appeal from IL 70 the people at
the next election.
The effect of the opinion upon the cleo
tlon of Judge John Martin rs Senator
seems TO De an uncertain quantity. The
Republicans and the Stalwart Democrats,
however. have decided to make no election,
and there being no contestant for the seat,
and Martins credentials being regular upon
their face might be accepted by the Senate.
1t may be that joint session of the House
and Senate will be held later to choose
Senator. and in that event the Democrats
would doubtless join the Populists.
TOPEKA, Kans.. Feb. 25-The members
of the Populist House went into caucus this
evening TO consider what action to take in
view of the Supreme Court decision up
holding the legality of the organization of
the Republican House. After some discus.
sion IL was decided TO name committee OF
three TO wait upon the Governor and con-
suit with him as to the future course and
TO report 10 the House on Monday The
general sentiment of the caucus was to
alb de by the courts decision and to join the
Republican House forthwith.
The Governor, in an interview, took that
view Of the situation. The committee will
make report to that effect on Monday,
therefore, and the Populist House will then
dissolve, and its members will join the rival
oruapi1otiap