The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-02-02

| and insisted that the bill be considered.
Mr. Farris agreed with Mr.. Beatty and
hoped to get the amendment on it TO let
| 1t go by way of congress for ratification
| Mr.. Ormsbee-I wish to reply 10 Mr..
Beatty. He says | fear some Democrat.
| l will give the gentleman credit for wish
! ing to pass the bill as matter of form,
buE he said nothing about the law.
| He thought the question judicial
| question aud asked that it be referred TO
The supreme court In case it should re-
| fuse to entertain it the house might be
! warranted in passing it. He moved that
! the last vote be reconsidered that be
might give notice that he would ask that
the question be referred.
Mr.. Cunningham-The question before
| the house is action on this bill.
Mr. Johnston thought Mr.. Ormsbee was
correct and hoped his motion would pre-
vail.
Mr.. Cunningham-The question is not
debatable.
Tue chair ruled him out of order.
Mr.. Cunningham referred the chair to
rule z, and the chair Teceded from his
position.
Mr.. Cunningham-The question before
| the house is Shall the bill pass"
The vote on Mr.. Orms bees motion stood
Is to 10.
The vote on considering the bill and the
governors veto stood 13 to IS. Lost.
The bill was referred TO the Judiciary
committee
Mr. wimberly asked permission to call
up council bill No. 46, legalizing an cleo
tion held in kingfsher City for the purpose
of voting bonds for constructing water
works. The amount of bonds is not to
exceed s1l 900, and to draw { per cent III
terest.
Mr.. Wimberly moved that the bill be
considered in committee of the whole
house. He stated that the contractors
who had built the works refused to turn
lied by the legislature. His motion pre-
yailed-21 to q
The bill was considered in committee of
the whole. The committee reported the
bill back to the house and recommended
its passage. The report was adopted and
the bill passed.
. Recess until 2 O'Clock p. m.
AFTERNOON SESSION.
On motion of Mr.. Scott house bill No.
%, which bad been vetoed by the governor,
and referred, was recalled from the COM
mittee.
Mr.. Peery thought that If the legislature
had power TO create territorial and county
officers and pay them, it could create
legislative offices, and that Oklahoma was
not bound by the Idaho decision. He
spoke slightingly of lawyers. which was
quickly resented.
Mr.. Brennan demanded justice, to the
end Of the law, to every one. He took the
position that where no explicit law existed
this principle should hold.
Mr.. Farris based his opposition upon the
law and not upon the opinion OF the gov
ernor.. He wished the matter decided
Mr.. Ormsbee decline to vote on judicial
measure until judicial opinion had been
rendered
Mr.. Allen of Canadian thought that the
bill should now be referred to the supreme
court. He did not think that the court
would give an opinion if asked.
Mr. Merrick took up the cudgel for the
lawyers. Il try to please j. j. Merrick
first, aud others afterwards" !" he said
Mr.. Greer called the attention of the
house to the fact that the consideration of
the bill had already cost $1,000. Not being
lawyer, he looked at il from a common
sense standpoint. Lawyers, he affirmed,
were necessary evil. Governor Seay was
all right, but his opinion was worth no
more than that of other eminent lawyers.
1t admitted of two constructions
Mr.. Peery moved that the bill pass not
withstanding the objections of the gov
ernOr.
Mr.. Cunningham have heard but one
argument from the gentleman from
Logan-that of expediency Mr.. Cunning
nam S''at bAi''O bbC passage Va CLC f1Cb was
not question of economy, but one of
principle, and its passage over the gov
ernor's veto would not make it
any more valid than it would
make wrong right. The auditor
and treasurer would be Obliged TO sit i'll
judgment on the validi ty of the act, ana
1t could not take money out of the treas
ury till the supreme court had rendered a
decision. These offices would he necessary
when the legisture got down TO work, If it
ever did The Idaho decision did not
cause his opposition, but his oath as
Any citizen had right
TO question its validity or that of any
other legislative appropriation. The
house seemed bound to pass the bill, right
or wrong.
Mr.. Merrick declared that the speaker
was the only one that had the courage TO
ask for information. He did not under
stand that the auditor and treasurer were
jurists. He would vote as he pleased. No
one should judge for him.
Mr.. Scott moved the previous question
Mr.. Cunningham, vi hen his name was
called, arose ard said Mr.. Speaker.
the stability of government based on free
Institutions is founded on the supremacy
Of Law. She stands by our country's altar
Ike some vestal virgin, crowned with the
laurel-chaste and pure, cold and passion
less, yet, just and beautiful-and keeps
alive the sacred fires OF our institutions.
10 violate that chastity, to desecrate that !
purity, or to sully that beauty, would be |
disgrace to the nation, the community and |
,he individual. The passage of this bill !
over the executive veto is a violation OF |
he planesa principles of the law and !!
1agrant outrage upon the body ofthe law. |
II never shall be perpetrated by my vote. |
vote nc"
Mr.. Ormsbee explained his vote "This |
-gA
ion, in this case | must vote according 10 |
my CONVICTIONS"
The bill was passed-1S to g.
MIR. Cunningham said that the special .
order was for the consideration of a bill 1
hat was y take the place OF the bill just /
passed, and he moved Gaat the hill be re- /
ected. Carried.