The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-04-14
SOME PERTINENT QUESTIONS.

er of the House of Representatives,
has addressed the following letter to
Hon. Stephen H. Allen, the Populist
judge of the Supreme Court. The
learned Judge has not yet answered
the questions propounded and it is
safe to presume he never will. We
suggest that Republicans cut this let
ter out and carry it with them. They
may find it useful:
LA CYGNE, Kan, March 80, 1893.
S. H. Allen, Topeka, Kan:
MY DEAR JUDGE: 1 have today
read your opinion in the Gum case.
Now ponder these fundamental con-
undrums:
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 membership in the Supreme
Court?
Third-Has the executive of the
State any judicial power? If so, from
derived, and has the constitution any
binding force?
Fourth-If the executive depart
ment is but coordinate branch of
the State government, not invested
with judicial power, what right has
it to decide as to the legality of anoth-
er coordinate branch of the govern
ment.
|, Fifth-If 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
binding force? Can the Senate Judge
OF the election of the members of the
House?
Sixth-Is it not true that the ulti-
mate decision of the legal constitution
of the legislative branch, and of its
action within the constitutional
limits, is reposed in the Supreme
Court? Ifnot, where is it reposed?
Seventh-If the executive depart
ment and Senate are each invested
with judicial power, then how many
judicial departments have we in State
government, and which is supreme?
Eighth-What is an election, and
who are prima facie entitled toqualify
and hold an office by virtue of an
election?
Ninth-Can any one who is not
prima facie entitled to hold an office
lawfully intrude himself into it and
exercise its functions? Can usurpat-
ion give the right to exercise sover-
eighty?
Tenth-In the history of Kansas has
any one before 1898 who was not prima
facie entitled to seat in the legisla-
ture been permitted to participate in
the organization of either House?
Eleventh-Is not this undisturbed
current of authority, which has swept
ever graciously onward toward pros
perity and renown, of any force?
Twelfth-Do you hope to turn back
the eternal and resistless sweep of hui
man progress and enlightened civili-
cation?
"Whom the gods would destroy
they first make mad" Pardon me
for this liberty. l should not have
taken it but for the reservation you
made of the right to reverse your de-
cision, and but for the supreme ur-
gency of the occasion.
The doctrine that one not prima |
facie entitled to a seat in the legisla- |
tive Houses of the State may 20 in
intrude himself therein-usurp the
office. and by virtue of his vote con-
stitute himself member of the sover-
eign power of the State is so revolving
that one who believes in government |
''of the people, by the people, for the
must shudder in contem-
plating the speedy results of such
doctrine. The answer know is that
these men allege that their opponents
were fraudently given prima facie
evidence of their right. But fraud is
mover presumed, and it is always pre-
sumed that public officers faithfully
and honestly perform their duties.
Suppose Justice Valentine had said
20 you, 81 know the canvassing
board has given you evidence which
DriBad .fdcie entitle you to the seat
IN the Supreme Bench of the State
which 1 now hold, but frauds have
been perpetrated which void your
election, and do not propose to yield /,
20 you" What IUOuLd hare been
,our reply?
No, no; the position you take will
lot do in the government; "by the ! !
people, for the people," in an enlight- 8
med age. 1t is the end of all govern I
nent by the people, and if it is not
reason it at least is anarchy, ruin,
lesolation and their consequences, j
determination and barbarism. q
With the sincere hope that you may !
Ipon reflection emerge from the
wamps into which you have been i
ed by some ignis fatius, am very !
Your obi. Servant,
IAS n SNnnrnxr