The Lamar register., 1893-03-04
KANSAS REPUBLICANS WIN.
rAe Supreme Court Decides that IheS
Have the Legal House.

lnlet Justice Horton rchuetink s,A~
Justice johnson concnrring, and 'usuee
Allen, Populist, dissenting, sustAlneu 'Ie
Douglass or Republican House as the ieTsi anu
constitutional House Of Representatives Oh
the Kansas legislature, and incidentally ue-
clared that the acts of the Dunsmore or fopu-
list House had no standing in law Inc
opinion of the chief justice was given orAiiy
and occupied an hour and forty minutes In
delivery.
The decision was of the case known As inc
Gum habeas corpus case. The hepapac"n
House caused James c. Gum to be subp9nAea
10 testify IN a contested election case ouna
ignored the summons, claiming thai the nc
publican House was not the constitntionAiy
organized House of Representatives ne ne
publican House ordered It's sergeant-atarhs
to arrest Gum and take him before the oar
OF the House for punishment for contempt
Gum instituted hsocas corpus pFoeecainss IN
the Supreme Court In its decision the court
denied the application for writ desiaing
that the Republican House va. legally aud
constitutionally organized, and that IL hAh
the right and power to enforce It's mandates
Chief Justice Horton, in delivering the
opinion. started in by reviewing the "ei-
known facts in connection with the orgAni1A-
tion of the rival Hoases, and declared that,
upon the allegations made, the court had be-
fore II n matter to decide iudieiAlly.
He said the evidence showed that the ke-
publican House was organized by sniy-four
members holding certificates Of election from
the secretary OF state; that the Fopallsi
House Was organized By afty-eight members
holding certificates, and twelve eontcsting
members, and that three members took no
part In the organization Of either House
The chief Justice then went into a rrvleN oi
the manner In which legislative bodies arc
organized, and cited ''McCray on Elections
to show that the proper persons to organize a
House were those holdlng eertiheNics, and in
support OF McCray read passages from
''Cushinr's Manual The Supreme Court Of
NebrAsks. no longer ago than January Il Of
this year had taken that view OF the quesiioa-
In support Of this theory be declared. the
scenes lately witnessed In the Kansas capital
fully justified such a rule.
In the case nov before the eouri, the chief
justice continued, no showing had teen ~
tempted that there was fraud or bad faith on
the part Of the present STATE Beard OF Can
yassors. There had boca pruseaied a ''rc-
vlsed journAi'' OF the Dansmoro House, evs-
IDENTITY carefully prepared, and yet that jour
nal day after day seemed TO recogniEc only
members holding certificates bad authority 10
act For several days ii set forth thai atty
eight members responded TO roll call zad
Others were counted in as prr-eat bat not
voting, In order to make quorum, the other
members Of the House being characterized a.
contestants This record vas kept up until
the contestants were formally taken In br
vote OF the HOUSE. Theu the Journal ,houed
that the Dunsmorc House accepted The rrscs-
dents laid down 10 the books a. correct
Much had been sAld about the Rcpd federal
House, the court went %. in supPoyt % the
practice Of ccun,ins IN members, but the
Reed House had a rule formally adopted,
upou which 10 base the speaker, ruling The
Dunsmore House had adopted no such rule
More than afty persons vho we're counted In
By the Dunsmorc House had never reeoEnlnci
:, a. such, but we're carrying on Hoase of
their own Speaker Reed never oogutei in
anv persons ~bo bad not reeoSblzSd hlm -
speaker. Now there could be no que.sioa
,has the DoagiAss Hoa-e vas orxAHiI@d by
the votes of slxty-iour members pho held Ger
tiEcaies-
Il was claimed, the justice ucut oa. that
there we're some Irregularities in the oFsani-
za,ioa Of tho DoagiAss House, because q I'D
not receive the roll of members from the 49,
retary o. state, bat ihey had duplicate Of
that roll. The secretary of states failure 10
lay before the House a rou ooaid not prcveat
an organization.
The members Of The Popaltsi House sent
into caucus Saturday evcuiag TO consider
what action 70 take 10 yie~ OF the suprrulc
Courts decision, upholdlns the Legality Of The
organization Of the Republican II 0use Al
ter much discussion Il sas decided 70 name =
committee Of three 70 walt upoa the governor
and consult with him IS TO their fuinrr euurse.
and to report TO the House Monday The
general sentiment Of the caucus was to abide
by the courts decision. and 70 ioIa the Re
publican House forthwith The governor. Ia
an Interview, took that view Of the situation
The committee viii make A report 10 that es-
feet Monday, and the Populist House viii
then dissolve and IT. members Win joln tie
rival organization
The acts of the Popuilst House having been
declared to be Illegal, all the appropriation
blls viii have to be passed over asain. The
Republican House has passed many bills, and
they will be sent TO the Senate Al the nrst op-
portunity. The present session Of the legis-
lAture expires By limitation March 3, Aud Il
will be necessary TO hold al 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 eT-
ira session, and an effort will be made 70 close
up the business within that time.
wyoming'- New Senator
Governor Osborne has appointed A. C.
Beckwith Of Evanston, as United States sena-
tor He Is the richest man in the terrftnrv