The Meeker herald. [volume] (Meeker, Colo.) 1885-current, 1893-03-04
KANSAS REPUBLICANS WIN.


Have tho Legal House.
The Kansas Supreme Court on the 18TH,
Chief Justice Horton rendering the decision,
Justice johnson concurring. and Justice
Allen. Populist, dissenting, sustained the
Douglass or Republican House as the legal and
constitutional House OF Representatives OF
the Kansas legislature, and incidentally de-
clared that the acts OF the Dunsmore or Popu-
list House had no standing in law. Inc
opinion OF the chief justice was given orally
and occupied an hour and forty minutes In
delivery.
The decision was OF the case known as the
Gum habeas corpus case. The Republican
House caused James C. Gum to be subp9naeu
to testify In a contested election case. Gunn
ignored the summons, claiming that the ne
publican House not the eonstitutionaiiy
organized House of Representatives. The Re-
publican House ordered its sergeantat-arms
to arrest Gum and take him before the bar
of the House for punishment for contempt.
Gum instituted habeas corpus proceedings III
the Supreme Court. In its decision the court
denied the application for a writ, deciding
that the Republican House was legally aud
eonstitutionally organized, and that II had
the right and power 10 enforce its mandates
Chief Justice Horton, in delivering the
opinion, started in by reviewing the we'll
known facts In connection with the organlzs-
ton OF the rival Houses, and declared that,
upon the allegations made, the court had be-
fore IT matter to decide judcially,
He said the evidence showed that the Re-
publican House was organized by sNty-iour
members holding certificates OF election from
the secretary OF state; that the Populist
House was organized by fifty-eight members
holding certificates, and twelve contest!ns
members, and that three members took no
part In the organization of either House.
The chief justice then went into review oil
the manner in which legislative bodies are
organized, and cited 'McCray on Elections"
10 show that the proper persons 10 organize
House were those holding certificates, aud In
support of McCray read passages from
"CushIng's Manual" The Supreme Court OF
Nebraska, no longer ago than January IL OF
this year, had taken that view OF the question.
In support OF this theory he declared, the
scenes lately witnessed in the Kansas capital
fully justified such rule
In the case now before the court, the chief
Justice continued, no showing had been at
tempted that there was fraud or bad faith on
the part OF the present ate Board OF Can
vassers. There had been presented ''rc-
vised Journal of the Dunsmore House, evil
IDENTIFY carefully prepared and yet that jour
nal day after day seemed to recognize only
members holding certificates had authority to
act. For several days 1t set forth that fifty
eight members responded to roll call, and
others were counted in as present but not
voting, in order to make a quorum, the other
members of the House being characterized as
contestants. This record was kept up until
the contestants were formally taken in by
vote OF the House. Then the journal showed
that the Dunsmorc House accepted the prece-
dents laid down In the books as correct.
Much had been said about the Reed federal
House, the court went on, in support of the
practice OF counting In members, but the
Reed House had rule formally adopted,
upon which to base the speakers ruling The
Dunsmore House had adopted no such rule
More than fifty persons who were counted in
by the Dunsmore House had never recognized
1t as such, but were carrying on House OF
their own. Speaker Reed never counted In
any persons who had not recognized him as
speaker. Now there could be question
that I'll. Dou, is.,, House oreaui1od by
the votes OF slxty-four members who held GER
tifcates.
1t was claimed, the justice went on, that
zation of the Douglass House, because 1t did
not receive the roll Of members from the sec
Rotary Of state, but they had duplicate of
that roll The secretary Of states failure to
lay before the House a roll could not prevent
an organization.
The members OF the Populist House went
into caucus Saturday evening to consider
what action to take, in view OF the Supreme
Courts decision, unfolding the legality of the
organization Of the Republican House. AZ
ter much discussion It was decided 10 name a
committee OF three to wait upon the governor
and consult with him 10 their future course,
and to report to the House Monday. The
general sentiment of the caucus was to abide
by the courts decision, and to join the Re-
publican House forthwith. The governor In
an interview, took that view of the situation.
feet Monday, and the Popullst House will
then dissolve and It's members will join the
rival organization.
The acts Of the Populist House having been
declared to be Illegal, all the appropriation
| 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 OPP
portunity. The present session OF the legis-
lature expires by Limitation March 3, and 1t
| will be necessary TO hold an extra session in
order to transact the necessary business. The
constitution provides that members may draw
per diem dues for only thirty days of an
ira session, and an effort will be made to close
up the business within that time.
-