The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-10-27
and he soon afterward answered as fol-

THOMAS NJ. COOLEY
EX-Judge c. B. Graves. one of the
soundest lawyers in the state, says:
EMPoRTA, Kan, March g. ls91
Hon A. II Horton, Topeka Kan:
My Dear Judge: II an ambition to have your
name conspicuously and permanently i'm
pressed upon the history Of the state has ever
had lodgment in your mind that ambition
may be dismissed, as having received full
fruition. A Judge rarely meets with an oppor-
tunity to officially render his country eminent
service, in a way that challenges the recogni-
ton and appreciation of the ordinary citizen,
but you have been sufficiently fortunate to
meet that opportunity, and have abundant rea-
son for being satisfied with the result
The occasion as well as the legal questions
involved. made your recent decision one OF the
most important ever delivered in this or any
other state You and Judge Johnston deserve
and will receive uumeasured credit for the
royal manner in which you maintained the in
dependence and dignity of your high offices,
ana the able vindications of constitutional law,
contained in YOUR decision. The opn
ion covers the entire case The subtle and
dangerous sophistries invented by the erratic
and revolutionary leaders OF Kansas anarchists
were all swept away and the whole question
made clear and satisfactory to every intelli-
gent mind. l have heard your manner of de-
livery criticised. by anarchists. as rot being
calm anu passionate as SDOull CnlTdGleTiEc
such time and place. l was unable TO be
present when the opinion was delivered. bu;
have taken great pleasure in its perusal and
found nothing to suggest the least tresplsS ~
on the most stringent rule of judicial propriety
The circumstances leading up to and imme-
diately surrounding the case, the immense in
teresis which depended upon the decision. all
together, demanded strong. emphatic and un-
compromising language. Nothing short of The
language used would have sufficiently expressed
the leprous, putrid canller of lawlcssncss
which had to be uncovered. Ii is not the Ian
guage used in the opinion that brings dscom-
Torture TO the anarchists. much the I'M
answerable and pdralyzng manner with which
their revolutionary methods were dis7osed of
This letter may to some extent violate the
rules OF prOprietv, but so much is being lid
about that decision am partisan republican
judges that want to express TO you and to
Judge Johnston nv satisfaction. and TO assure
you that the aw-abiding citizens, Ct every class
within my knowledge. most heartily and en-
thusias tcallv commend and indorse the action
Of the supreme court With kindest regards,
am very respectfully yours.
CHARLES b. GRAVES.
Hon. J. Sterling Morton, of Presi
dent Cleveland's cabinet, expresses his
opinion as follows:
DEPARTMENT OF AGRICULTURE.
OFFICE OF THE SECRETARY,
WASHINGTON. AUril | D, iSy. \
Hon. Albert II Horton, Chief Justice, Atchison,
Kan:
NV Dear Judge: Accept my sincere thanks
for the decision of the supreme court Of Kansas
in the case in re Gum / hope that Sparta
NAV be reinhabited in Kansas and the laws
rule the men there, instead of the men ruling
the laws Thank YOU for this contribution To
the literature Of the day appertaining to he
Madam Leased, St John-d and l. ewel ing-ed
fF,,1l,.
yours. }. STERLING MORTON.
Judge Scion O. Thatcher, the we'll
known Kansas lawyer and statesman,
says of the opinion:
LAwRENCE, Kan, March 81, 1898
Hon. Albert II Horton:
NV Dear Judge: l am much obliged for n
copy of your mastery and most conclusive
opinion in the Gum case l have read ii over
carefully, and am more than proud to know
that our own court has given an opinion that
will be found controlling and binding all future
courts on the great and important question in
vowed do not think YOU have lefs a loophole
for debate or argument 10 asSai, your position.
Yours. etc. ) THACHER
Mr.. Charles 5. Gleed, whose fame as
brilliant writer and able lawyer, eX
tends far beyond the limits of Kansas,
wrote:
l0I GREENWOOD AVENUE PoTwIN PLACE
TOPEKA, Kan Feb .. 1898 I
Ny Dear judge: Your opinion - it appeared
this morning. is masterpiece 1t reals like
the unquestioned classics. II all respects
literary as well legal, in Technology as wei
as in temper-it Is profoundly satsfsing. l
know you will be thanked for il by grateful
people as long as the Kansas decisions are
known Very sincerely.
c. GL-ED
Hon Albert H Horton. Chief Justice.
Among the many eminent lawyers in
Kansas none stand higher than Hon.
b. 2. Waggener dem, who wrote:
ATCHIsoN, Kan, March |, 1898
Judge Albert H Horton, Topeka, Kan.
My Dear Judge: 1 am much surprised and
grieved at the attitude of the populists toward
you, and l write this letter for the purpose of
assuring you that so far as l have been able 10
learn, the opinion of the supreme court in the
Gum case, filed by you and concurred in by
Judge Johnston, meets the approval and com
mendation OF all decent citizens of this state
republican and democratic was at Hiawatha
last week, and in conversation with a number
of business men there-republcans and demo
Gratis they expressed the belief that the court
would make such decision. because it was
right, and that such decision would meet
with the approval of al good citizens l am
satisfied that the members of the bar through
out the state, who have any regard for their
own integrity, will universally concur in the
sta tement that the opinion expresses fully and
GIearly the Jaw Of that case. Sincerely yours,
b p WAGGENER
Judge A. +. Martin, the able Atchi
son jurist, wrote:
ATCHIsoN Kan. February %, 1898.
Hon A H Horton. Topeka Kan:
Dear Judge: spent this afternoon reading
your opinion in the Gum habeas corpus case,
md I I read n clearer
statement of any case Than YOU made of that
Your logic is complete in every respect, and
your reasonin, Is simply unanswerable 1t is
a decision that will go down in history
credit TO both the state and to him who rem
deredit II stands bulwark between an
archy and constitutional government Respect
fully yours a F. MARTIN.
Hon. James Humphrey, the distin-
guished democratic district judge of
the Eighth judicial district of the
state, recognized by all parties as one
of the most able. learned. conscientious
and impartial judges of the state, wrote
the following letter:
JUNCTION CITY, Kan, March 81, 1893
Hon. A. H Horton:
Ny Dear Sir: 1 cannot forbear expressing
to you the deep qualification which the reading
of your decision in the Gum habeaS corpus
case afforded me.
The remarkable strength and clearness Of the
reasoning which supported the just conclusion.
or judgment of the court, sets the whole matter
in so clear light as TO render the judgment in
disputable.
Kansas emerges at last from the thrOes OF
anarchy and threatened civil strife, indicated
by the high intelligence OF her chief justice and
the infiexiole integrity OF the ruling members
of her highest judicial tribunal
1 do not think there i a fair-minded man in
the country capable of deducing legal con
illusions, who with an understanding OF the
facts in this case could have anticipated ang
different decision than that made by the court
onlv &c ne deciSion Of court