The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1893-03-03

] L4es -anA na4 -ef-t ueen candidates Tor t11i
was one OF the counsel for defendants Bid
ole and Van Pratler The treasurer and auditor
] OF state never took auy such position 7
! never made any such argument never heard
anybody else take zuCl position or make -ucl
] an argument There IS uaE an clement ia the eu-
I ure quotation last made which vas ever con-
. tended fJr by me- or bF anybody in my hearing.
] aJ any time or place T7hrre c7u rr 10 house ID
] represeutativea usless it con Jalus slEty-tLreg
I or H21rl persons who were elected thereto LaE
u De alst.ns 'ly ulalrst tooa ibat used the word
f ICcuy shat the ballot bos may De stuffed
& that she win OF the people may be sleuced by
fraud uuo that thea through the iastruIlcu-
I tility OF tne ballot box s-uier5 and their con-
feleEare51 --cerrilzlres OF eIccu1lT may be
[ given 10 persons who did NOT usgeiVe ttfe ma.
1o-lty OF plurality OF votes, SO as 20 colfer any
I right upon such certified persons " In other
R7ur1s, 10 is fuulIneutaL-iE o. s0Ferlmeut OF tie
people 1All The right % once depends or lslcc-
or. uot upon scortlrclre5a a1r election
Some Persons VINO arc =esslriIy s1n lrL
more tpan o. z never 1e1f4 any one Hl-ic
saeh claim or pr-iCuti0n. What
eiaan. IS tui-, that tLe Duu-m1rs house, whgu DO
met ana organized, bad within LLg hall OF the
house o. represent 4LiVgs u1 least IlF lem BeFHs
whose election had never been -Quas liuuel. uul
that more tnau 90 OF those per-ors took part lH
orsuulZfur tLe house. and tlaL az every rla. llzr
. -esslJIi uf Lhs house thereafter there uerC
more tbaa 68 mauabers whose election was
never Quas sri0ued present la tho h1E=a 40 every
rol-ca-l, ant that their failure Co respond after
the nrst ulTr or az any time. did not change
shows the presence OF ucre than C3 members
at every ses1ioa' and tal-e iir thai 10 is just
as fool practice -n hau7L5s ana just Us
good for Kansas republicans, as 10
was iu Washington. auI for The low
60 house or congress under Ile control
OF Mr. Speaker Reed, that members who are
actually present iu the house shall Doe recorded
ual counted as present although they Sail 90
answer 10 their names SiEtg-ILrlu members
constitute d quorum according TO lle CuusIi-u-
uuur a minority uI such quorum can transact
more -llil ll2 LF-ihlee legally elected uaen1eF7
Present ut every session OF the uuu7moro
house and shown d. the journal of that Aauza
To De present, g. ilulortF OK ln1l quorum was
competent To luveslEl,- aud determine tle
rights of coEtls ANTS o. seats, and when it did
ucterLn.n ne that. prr-ous who were 'cerCled
ship, that they had u1f received major
ity or plurality OF the tsr4I votes cast. ST. had
the right % dcgiure the seats uE the -'certll-
catcd members" vacant, and 10 declare That
tine persons who did receive majority of fhs .
we're entitled 90 seats as lleHlaF7, and aafnit I
tbem aseoruilElW Tho 1ouTGll ul the Dgus- ]
more house shows that t1is was done and con /
unueI 20 De done every aa's WltA q legal .
Quorum of +ceruhcated members present an I
inc tilue. To tnus uusestCu some clghr oE ten ]
persons who We're never legally elected and .
the legalIy-elected members from such dis I
r-icts were placed iu their seals ana bv this I
procedure membership OF NOT less than sixty I
to respond TO the ro-I-Cl-I uu all occasions uud
whose seats cannot ba legally questioned by I
abundance OF authority 20 support The po7-- .
tiuua which have sta1ed.
In the case of Prouty VS. Stoverl II Rausas .
235 our own supreme court iu 1879 decided that /
each house is fna sole aud final judge OF the /
elections and qud-lE cations OF its own members
In that case The question arose. Whglttar The ]
house couId increase It's neuurrshlp. and the
court decided that it had no such power lis /
decision was. that legislative districts must bu /
created boy law 10 q number not 20 exceed the !
CoustgLutiOual limitation but Waa+ persons
shouid represent such districts was the OK
elusive province or the riEh- of each house
TO determine for tfasll That case therefore
is important only as rccoguizius the fact that
present can aetersllne Tor ltselt Who are It's
legally elected member In thc GumuFa case,
15 Kansas SOL a5tr The suprcae cgurt again de-
ciula that each house was the exclusive judge
Of the elections, returns aaud qualification OF
los own Bers. that this grant of power CON Z
ststutes each house the ultimate tribunal. that Z
the houses acting together cannot dagide con
1iuflys ana thar from such ueclstqn there is 10
appeal not even 20 She two houses nor 20 any
lf the division of Howard county, l5 Kansas
9ir our supreme court lu 1870 considered the
Iu. stiou OF tue validitr 'f am enrolled oil
The opinion OF tne court az pages -lt anu -ia, |
san be read with advantage The court decided
hat there is 10 cuust iiuuoul- provision I'm
kansas rcquWlug ana record or any Z
pill 10 be kept OF preserved except aa
q Is kept and preserved "a what is
laued rue enrolled bIL'- Tha court said5 ]
we. do u9t think that we can resort 20 evil ]
ieuee outside OF the enrolled Dill and outside
ID me Journals OF the Iezi=Lature for the pur-
pose OF fmpeuchiEE Hu enrolled blll as valid
aw OF course, ~ take 5E1icill notice without
proof OF All the laws OF our own stale Az
70 doing tnae y e lAlse Jllle-4t A1l--s OF "hA-
.ur books and published laws contain OF what
he enrolled bills contain, o1 . nay me Journals
l the ioE-ata ture con i1lnf ana indeed OF every
hing thaI is allowed 20 Gfeet the validity of
.uT law, or that is allowed to- unecu or notify
ts meaning 1u any respect - la-eF-F
Now this would seem 20 be plain enough and
lIEht tosetIl9 the question 20 The tislactiCu
lg Judge Hazeu and other gentlemen who seem
rHH rHrHrH y rHHH
ceul It's Jurisdiction and power But the sur
Ireue court iu the same case, and 10 paEe -la1
olume l7r OF lsausls EcplrL-r says luf+heF.
We e1uuoe take judicial notice ui % lteL N.lllh
8 not allowed 20 affect the validity OF the law
% any respect Whatever ana such fact cannot
be- proved TO MS for any such purpose
repeat, therefore, that Judge h4zeu could I
lot legally hear any oral proof OF any proof By
ndaviL upon the motion pending before him
or an injunction against the state treasurer and
tate auditor. He had an authenticated copy Of
he enrolled bill before him That was con I
Iusive, unless he l0oEed into the journal OF
ha Duuz1Duro house and should there mud
hat that bin on its third reuaiuE had received I
sss than siEty-threa votes OF It's nem7ers
udee Cooley. in his Cons IiFulioual LlIuita-
Ions, at page l2s says that courts can en- &
lrC= only those umitasuns which the son
titutlou imposes aud ROT those implied re-
trIctions which, resting fin theory only The D
eopla hlFa recn satIsdai 20 leave 10 the l'-iE-
lent patriotism ana sense OF Justice 10 theiE
zpresg gntatlFes Do Clearly therefore. thc clurt 2
luuor inquire beyond ths record which che &
lrlslauure. or either house taereufr mllse= tor
SELF and 81 inquiries of them simply 90. .-ag
neither rlC body itself hiss kept within rhs 6
lnslitHtiuulI limitations or restrictions -u- {
1=ed upon lL {
oae suggestion furrther. One house d.'su ;
Of Constitute she 'IegislaLGr6-' ~ hen ths
uusmore house and the senate, constituting e
le legal legislature, adjourn as they W lll dc at 3
D very distant day. what wiz become OF tho f
Douglas -houscs' Ne bill has h.eu sent 90 -t7
lue viii be- The senate has re -etTad no ill
ON it and 10 viii not receive any "lcu le
Douglass house Esis ttred OF Hia7lnE -hof ss !
repras-ut tatiVes, r- wholly aEreclEuizeL DF Q E
ly branch OF Lhe le-t5laliV dlplrtuleut OF 5F b
Iy state aiucer- aud being wholly uuaole 90 %
lss or aid iu p-sslns laws. fits members VII n
lubtleas 60 home 20 their cons lenrs and q
count i1r their steuardshl1 best thrg s.
ay -F. C. WEBB =
Pretty Had E5oo foulIe- g
''Iaere are more ways of killing q I n
lg than hanging him, says homalV g
"a provsrb. and there are also move is
avs 70 achieve the effects Of two I y