The advocate and Topeka tribune., 1893-03-01

or remand the prisoner. The question rather i
upon what principles must the court decide ant
what are the limits Of it's principles.
Section /, article of the constitution reads
1.-THE legislative power Of this Ctate shall b.
vested In house of representatives and senate
Article /, section Of the constitution reads
1.-THE supreme executive power Of the state shal
be vested in a governor, who shall see that al
laws are faithfully executed"
The constitution requires the governor to d.
various things in reference to the making o
laws: He must, when the Legislature ConVenes
communicate to it such information as he deem
necessary. He must transmit what is known o.
the message to each of the bodies. In trans
nitting that message, he must of necessity as
certain what 10 the true house Of representatives
In the very beginning of the proceedings of an!
legislature the governor must Of necessity inC
and determine what body OF men constitute
the house Of representatives and what body o.
men compose the senate, and In the perform
ance of that duty the governor Of the state o.
Kansas is responsible to the people Of the stats
and no one else. The constitution and law
have vested in him power to investigate and de
termine what body of men are and who are moi
the house Of representatives. 1t must be con
ceded that no duty rests on this court-on the
convening Of legislative body to inquire what
body is the Legislature, and that duty does de
volve on the governor. We have also another
body-the state senate-also deriving its powers
from the constitution, and the people who have
elected its members. Also on that body rests
duties just az grave as any duties that may rest
on this court, and the senators are just as su-
preme in the discharge of those duties. Their
heads rise just as high and no higher than the
heads of the members of this court. That senate
in the discharge Of it's duties must communicate
with the heads Of the executive departments OF
this government. and where there are two con-
tending bodies claiming each to be the house OF
representatives Of this state, in the very nature
of things that senate must hear and determine
the question as to which of these bodies 10 the
house of representatives.
1t is said by the chief justice that it is most
dangerous to entrust to the governor and senate
the power to say what body of men Is the house
Of representatives. IL the constitution has en-
trusted that power to them, it matters not
whether that power be dangerous or not. The
fundamental law must govern whether wise or
unwise. But it may well be asked which is the
more dangerous-to repose that power in the
governor and senate and to regard their con-
curing decision as final, or to refer bodies con-
tending for party supremacy to this court and
thereby make this court the fountain-head of
political powerp The American people delight
to look on the Judiciary as removed from the
field of political strife and freed from the biases
and prejudices that often determine mems &C.
tions in heated contests for supremacy. How
greatly must all the traditional conceptions Of
the people be modified when precedent 10 once
established which makes the court the final
arbiter in all political contests.
1t may be said that it is not to be presumed
that this court will decide otherwise than ac-
cording to the very right. l answer, truly 30.
But are not judges menp And because they are
judges are they less fallible when called on to
settle partisan disputes than other men? Upon
what theory can it be contended that the COVER
nor and senate are actuated by baser motives or
are men Of less dlscernment than the courtI
Possibly 1t may be DEPRESSING somewhat from
strict confederation or the legal questions in
this case, but hope may be pardoned If l say
that during part of the time the resolution rec
oguizing the Dunsmore house was being dis
cussed in the senate chanced to be present. 1t
is my good fortune to be acquainted with many
members Of the senate, many of them lawyers
and men of great ability, whose opinions are en-
titled to great respect 1t was stated by several
of these learned and distinguished senators who
are republcansin politics that after the governor
had recognized the Dunsmore house as thelegal
house of representatives that the whole question
was concluded; that that was the ultimate
and final Judgment and decision of the powers
which, under the constitution and laws Of this
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