The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-03-01

TOPEKA. Feb. . The supreme court
this morning, Chief Justice Horton render
ing the decision, Justice Johnson concur
ring and Justice Allen. populist. dissent
ing sustained the Doug ass. or repub-
licGn house, as the legal and constitutional
house Of representatives OF tie Kansas
legislature and incidentally declared that
the acts OF the Dunsmore. or popuist
house, had no standing in law. The
opinion OF the chief Justice was given
orally and occupied an hour and forty
minutes in delivery.
The decision was OF that case known as
the Gunn habeas corpus case. The re-
publican house caused James G. Gum to
be subpunaed TO testify in a contested
election case. Gum ignored the SUM
mons. claiming that the republican house
was not the constitutiOnaliy organized
house Of representatives. The republican
house ordered its sergsant-at-arms TO ar
rest Gum and take him before toe bar of
the house TO receive punishment for con-
tempt. Gum at once instituted ha5eas
corpus proceedings in the supreme court.
in It's decision today the court denied the
writ. deciding that the repub ican house
was legally aad cons itutionally organized
and that it had the right and power TO
enforce its mandates.
The Opinion.
Chief Justice Horton IN delivering the
opinion started in by reviewing the we'll
known facts Ia connection with the or
ganization OF the rival houses and cs-
,lared that upon the allegations made the
court had before it matter TO decide
iudicislly. He said the evidence showed
that the republican house was organized
% sixty-four members holding certificates
Of election from the secretary OF s.ate (; that
the popuIist house was organized BY
fiftY-ei0ht members holding certifi-
Gates and twelve contesting members
and that three msmoers took no part in
the organization of either hOuse. The
chief justice then went into a review OF the
manner in which legislative bodies are
organized, and cited "McCray on Eec-
tions" to show that the proper persons to
organize house were those holding GER
tifcates. and in support of McCray, read
passages from Cushing's manual. The
supreme court of Nebraska no longer ago
than Jan. II of this year had taken that
view of the question. in support of this
theory be declared the scenes lately wit
messed IN the Kansas capitol fully justified
such rule.
In the case now before the court. the
chief justice continued no showing has
been attempted that there was fraud or
pad faith on the part OF the state board OF
canvassers- There had been presented q
revised journal" of the DunsmOre house
evidently carefully prepared, and vet that
journal day after day seemed TO recognize
that only members holding certificates had
authority 20 act For several days it set
forth that fifty-eight members responded
TO roll call, and others were counted in as
present but not voting in order 10 make a
quorum, the o,her memb bers 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
Dunsmore house accepted the precedents
laid down In the books ss correct.
Not Parallel to the Reed House.
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 a rule.
formally adopted, upon which TO obey the
speakers ruling. The Dunsmore house
had adopted 10 such rule. More than
five persons who were counted in by the
Dunsmore house had never recognized
IL ss 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 no
question that the Douglass house was
organized by the votes of sixty-four mem
beTs who held certificates.
II was claimed, the justice went on, that
there were some irregularities in the or
gaDizstion of the Douglass house because
it did not receive the roll Of membership
from the secretary of state, but it had q
duplicate Of that roll. The secretary Of
states failure 10 lay before the house a
roll could not prevent an organization.
IL was urged Mr. Horton declared, that
the court could not interfere in the con-
troversy between the rival bodies, but the
supreme court could not pass by a ques-
tion because il was an unpleasant one. Il
had no night to decline the exercise Of a
jurisdiction than TO assume jurisdiction
that was not given 1t.
1t was claimed that the Douglass house
was destroyed when the senate and gov