The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-02-19

straining the state treasurer from paying
any warrants issued by authority of the
legislative appropriation bill passed by the
populisr house This is virtually recog-
nition OF the constitutionality OF the
Douglass house, and the members are Juo-
liant at the victory. Attorney Generai
Little appeared for the state yesterday ana
filed a motion for the dismissal of the case,
on the grounds that the proceedings were
instituted by the county attorney without
authority. The motion OF the attorney
general was overruled yesterday, and the
injunction was today made permanent.
The attorney general filed motion 10 ap-
peal to the supreme court. The Repuoil-
cans were represented in the case by
Chester ]. Long, David OVermeyer and
Representative Carver. Judge w. I.
Webb represented the populists.
Judge HaZen delivered his decision
orally. He said that he had no authority
to inquire into the fact of the election OF
mem 0ers of the house of representatives.
But he did have authority to inquire into
the legality OF the certificates of election.
He decided that the siXty-three members
who organized the Republican house We're
armed with legal certificates OF election;
that the sixty-three members were \ NIT
jority of those holding certificates
and that their organization was the
legally constituted house of representa-
tiYes of the state of Kansas; that the
populist memebers who held legal GER
tifcates of election numberd but fifty
seven, and that their organization of an
alleged house of representatives was
Illegal, and as such it had no power to
pass appropriation bills. The legislative
bill empowering the auditor
to pay the per diem dues of the populist
l., GtnV
law, and the court made permanent the
temporary injun ction restraining the
auditor from making payments under
that law.
The majority of the populist members
had already procured their money from
the auditor before the injunction proceed
ings were brought. Twenty thousand
dollars was paid out in per diem dues and
salaries. IL is a matter OF much interest
as to how the state can recover the money
in the event Of the supreme court sustain
ing Judge Hazen's decision that the bill
under the authority of which the pay
ments were made has no standing in law.
The Associated Press representative inter
viewed Judge Webb, T. E. Carver. Chester
l. Long and several other prominent at
on the question. They all agreed
that Treasurer Blddle who paid out the
money on the auditors warrants was re-
sponslbe to the state for the money eX-
pended and that he could be sued on his
bond for its recovery.
THE GUM CASE.
At o'clock this morning the Gum
habeas corpus case was called in the
supreme court Early this month the
Douglass house summoned L. G. Gum of
Labette county to appear before the house
and testify in a contested election case.
Gum refused to appear before the house.
The Republican sergeant-at-arms was sent
after Gum and placed him under arrest
and brought him to, Topeka. Gum filed
motion in the supreme court for writ of
habeas corpus and his motion was heard
this morning Attorney General Little,
appearing for the state, filed motion be-
fore the court asking full investigation
Of the merits of the case. In his motion he
alleges collusion between Gum and the
Douglass house. He charges that the case
IS feigned to get decision from the court
0n the constitutionality of the Republican
house, and thatlt was arranged with Gum |
1t the time of his arrest that he should
institute habeas corpus proceedings. In
case that collusion is proven, the attorney
general asked that the case be dismissed. |
The hearing OF the proceedings was, on |
motion of the attorney general, postponed |
until Tuesday morning at O'Clock. 1t |
vas argued by the attorney representing |
he Douglass house that the attorney gen.
,ral had no legal status in the case. The |
court ruled that the attorney general had |
he right TO be present and represent the |
state for the conservation of its interests, |
md to appear with either side as he |
,aw fit