The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-03-02
KANSAS LEGISLATURE.
The supreme Court Decides in Favor of the
Republican House.

Inc supreme Court Decides in Favor of tn,
Republican House.
TOPEKA, Kan, Feb. 25-Chief JUS,
tice Horton has announced his decis.
Ion IN the Gum habeas corpus case,
denying the application. Justice
johnson concurs in the chief Justices
opinion, which is in favor of the Re.
publican house. Justice Aliens, Pop
ullsf, opinion dissents from that OF
the other two justices.
chief Justice Horton, in his opinion.
Weat into review..of the manner in
which legislative bodies are organized
and cited McCary on Elections
to show that the proper persons
to organize the house were those
holding certificates and in support OF
McCary read passages from Cushing's
manual. The supreme court of Ne
braska no longer ago than January
IL OF this year had taken that view
OF the question. II was claimed that
the Douglas house was destroyed
when the senate and governor recog-
Fixed the Dunsmore house. If that
was the law the governor and senate
two years ago might have destroyed
the Populist house and recognized the
Republican house and two years renee
| and 80 ON throughout future history
other legislative bodies might be
overturned to accomplish partisan
ends. If the Douglass house had vol
unfairly dissolved when the governor
and senate recognized the Populist
body, a question of de facto govern
ment would have been a strong factor
in the case, but it did not dissolve
and was still in existence. In the
course OF his opinion the chief justice
incidentally endorsed the action of
Judge Hazen of the district court, in
making permanent the Injunction
against State Treasurer Biddle, re-
straining him from making payments
out of the state treasury upon
authority, of appropriation bills
passed by the iopulist house.
justice Johnson concurred fully in the
opinion of the chief justice. Justice
Allen, Populist, delivered a dissent
ing opinion, holding that the supreme
court had no jurisdiction of the case,
and that as the Populist house had
been recognized by the governor and
the senate it was de facto organiza-
tlon, and its acts were good in law.
The decision of the court puts an
end to the condition OF affairs more
unique and exciting than anything
which has thrilled Kansas since the
border wars. The rival houses will
now probably unite in one body and
trasact much needed business. The
acts of the Populist house have
been declared illegal and all
bills will have to be
passed over again. The Republican
house has passed many bills and they
will be sent to the senate at the first
opportunity. The present session of
the legislature expires by limitation
on March and it will be necessary to |
hold an extra session in order to tran
sact necessary business. The consti.
tuition provides that members may
draw per diem for only thirty days of
an extra session and an effort will
be made to close up business
within that time. 1t seems to be the
general decision of Populists to respect
the decision of the court, and Popu-
list members will meet with the
house Monday. The
leaders all declare the COURTS
decision ls wrong, and they will
appeal from it to the people at the
next election. The effect of the opin-
on upon the election of Judge John
Martin as senator seems to be an I'M
certain quantity. Judge Martin was
,lecten by joint convention of
he Popuiist house and
he senate. The Populist
house having been illegally organized
t is question whether Judge Mar
in's election will be recognized by
he senate. Republicans and stalwart
Democrats, however, have decided to
make no election, and there being no
contestant for the seat and
Martins credentials being regu-
ar upon their face might be accepted /
~ the senate. Possibly joint con- ;
'ention of the house and senate may !
10 held later to choose a senator, and i,
n that event the Democrats would d.
doubtless join the Populists and ratify !
1artin's election.