The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1893-01-27
That Republican Quorum.


islative muddle. Judge Webb, the
eminent jurist of Topeka, in letter
to the Leavenworth Times. defends
the populist position.
He takes the position that the rep
ublicans did not have legal quorum
to organize the house, as it required
the counting of men whose seats were
in contest, and that upon this ground
they should not be counted, as they
would thereby have power conferred
upon them to decide upon their own
rights to seats in the legislature.
He cites the case in the house of
represent atives, of the twenty-siXth
congress in 1S39-4O, which took more
than one hundred days to settle while
the house remained unol ganjzed until
March 10, 1910.
Five men came up from the state of
New Jersey having certificates of ele-
ction signed by the governor and
coun ell under the laws of that state.
Five contestants came up without any
certificates of election, but claiming
that they hal received majority of
the votes of their respective districts.
The political parties in the house
were so closely divided that the five
members would have changed the pol
itical complexion of that body and
controlled its organization completely
aud absolutely. If permitted to vote
IN the organization, the speaker and
the committees Of their own party
would have given them their seats.
Here is a PRECEDENT precisely in
point, and fits the situation in the leg
islature. What was done? The five
holding certificates were wings; the five
not holding them were democrats.
Both sets were excluded and sent upon
an equal footing before a committee
on contested elections. The case was
decided upon the popular vote and the
men not holding certificates were the
ones seated.
Judge Webb contends that. "a GER
titicate of election does not and never
did, in the contemplation of law, give
any man a seat in the legislature for
any purpose whatever" He further
says: ''That no statute declares that
person holding a certificate of elect
ion is entitled to take seat in the leg
islature, and if it did it would be void:
and that the custom. of allo wing those
holding certificates of election to take
part in the preliminary organization,
is because no one questions their elect
ion; and when the CONTROL of the
house does not depend upon the votes
of a few persons whose seats may be
cnntested, it has been the custom to
admit all such persons; but when con-
troll of the organization turns on con-
tested seats they have always been ex-
.cluded." This is both good sense and
good law.
The populists cite case in the Ind
lana state senate in 1871. One John
w. Burton's seat was contested, he
holding regular certificate of elect
ion. An objection was raised against
his being sworn in until after organ
ization; the chair ruled the motion
out of order; an appeal from this de-
fision was taken and the house sust-
asrad tba ,,,Otiov on1 +l,o oL,;,. ,,ro-
was rebuked and the said Burton was
eEentually unseated.
This alsois case of good sensible
pre cedent, where man holding the
regular certificate was not allowed to
b. sworn in, before organization, pend |
ing the inquiry into the merit of the |
contest. It will be remembered that
The populists objected to the, calling
Of the names and the swearing in 4of |
certain postmasters whose eligibility |
was in question. This they had Il per-
fegL tight to do; but. the republicans /
to organize the; house |
end they went ahead and swore them
slllsin and organized with theis assist
sfpfessa- ssix -l.It:
The Topeka Capital argues that, be-
cause inssthe Indiana cese,z the galoot
Burton voted on the question involving
his own. fight to a seat in the senate, |:
fherefpra. il is good precedent, But
suppose that the.ease was so close that
6is ptie ballot would have been. the
deciding yDte-what then? Does any
one suppose he would have aBeen
SlIloWied to east .itps The idea is.both
absnrdsand reslieuaous. s2 sta MS:
In the case .Rf Sykes vs.. Spencer is
aNcthess precedent x Alabama rshqd a
anals Legislature asldseleeted stwoasen-
aIofs The ease was decided iifr,the
.JrIfed States senate: 4hs senate
seatedse Spencer aRisowas electediby the
e Members of the legislature Who /.
bet pp eertlfeates bat whe bad been |,
elected, while Sykes who had