Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-04-29
Fundamental Conundrums.

Colonel James d. Snoddy, ex-speaker
OF the house Of representatives, has adj
dressed the following letter to Hon.
Stephen 81 Allen, the populist Judge of
the supreme court:
s. 81. Allen, Topeka. Kan:
MY DEAR JUDGE have to-day
read your opinion in the Gum case.
Now ponder these fundamental conun-
drums:
First-What evidence have you that
you are Judge of the supreme court
Second-What different evidence have
the representatives of their election to
and membership in the house than you
have of your election to and member
ship in the supreme court?
Third-Has the executive Of the state
any judicial power? IF SO, from what
section of the constitution is it derived,
and has the constitution any binding
force?
FouIth-H the executive department
is but coordinate branch OF the state
government, not invested with judicial
power, what right has it to decide as to
the legality of another coordinate
branch OF the government?
Fifth-H the Legislative branch of
the state government is composed of
two independent houses, how can the
action of one on the question of the
constitution of the other be of any bind
ing force? Can the senate Judge Of the
election of the members of the house?
Sixth-Is it not true that the uIti-
mate decision of the legal constitution
of the legislative branch, and of it's &C
ton within the constitutional limits, is
reposed In the supreme court? II not,
where is it reposed?
Seventh the executive department
and the senate are each invested with
judicial power, then how many judicial
departments have we in state govern
mert, and which is supreme?
Eighth-What is an election, and who
are prima facie entitled to qualify and
hold an Office by virtue of an election?
Ninth-Can one who is not prima
facie entitled to hold an Office lawfully
intrude himself into it and exercise it's
functions? Can usurpation give the
right to exercise sovereignty?
Tenth-In the history of Kansas has
anyone, before 1898, who was not prima
fac;e entitled to q seat in the legislature
been permitted to participate in the Or
ganization of either house?
Eleventh-Is not this undisturbed
current OF authority, which has swept
ever graciously onward toward prosper
ity and renown, of any forceP
Twelfth-Do you hope to turn back
the eternal and resistless sweep OF
human progress and enlightened civil
ization?
"Whom the gods would destroy they
first make mad" Pardon me for this
liberty. should not have taken it but
for the reservation you made Of the
right to reverse your decision, and but
for the supreme urgency of the occa-
sion.
The doctrine that one not prima facie
entitled to a seat in the legislative
houses OF the state may 60 in-intrude
himself therein-usurp the Office, and
by virtue of his vote constitute himself
a member of the sovereign power of
the state, is so revolving that one who
believes in government ''of the people,
BY the people, for the people," must
shudder in contemplating the speedy
results of such doctrine The answer I
know-that these men allege that their
were fraudulentlv given
prima facie evidence of their right. But
fraud is never presumed, and it is
always presumed that public officers
faithfully and honestly perform their
duties.
Suppose Justice Valentine had said
to you, II know the canvassing beard
has given you evidence which prima
facie entitled you to the seat on the
supreme bench of the state which now
hold, but frauds have been perpetrated
which void your election, and I do not
propose to yield to you" What would
have been your reply?
No. no; the position you take will not
do in government "by the people, for
the people" in an enlightened age. 1t
is the end Of all government by the peo-
pie, and if it is not treason, it at least
is anarchy, ruin, desolation and their
Mexicanization and bar
barism.
With the sincere hope that you may
upon reflection emerge from the swamps
into which you have been led by some
ignis fatis, I am very respectfully
Your obedient servant.
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