St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-02-26
SETTLED By A COURT.
Kansas Republicans Win a
Legal Victory From the
Populists.
Their House Decided to Be
the Legally Organized
Body.
Populist House Will Dissolve
and Join the Rival Or
ganiZation.
President Elect Cleveland
and Two Of His Cabinet
Confer.

TOPEKA, Kan, Feb. 25.-Chief JUS
in rendering the decision of the supreme
court in the Gum habeas corpus case.
His conclusions were Of the most en-
phatic character, and were to the effect
that the Republican house was the
legally constituted house of representa-
tiveS of the state, and was clothed with
all the power of a legislative body. 1t
could subpoena witnesses to testify be-
fore committees. and punish those
guilty of contempt of it's orders. AS
sociate Justice Johnson fully con-
CURED, but Associate Justice Allen,
the PopuliSt member of the court, said
that he radically dissented. He held
that the court had no power to question
the decision of the senate as to which
was the legally constituted house: The
members of the senate, he said, were as
supreme in their sphere as the members
of the court. The governor also, he
maintained, could not be questioned by
the court in any of his official acts. In
conclusion, he declared that the majority
of the court had overstepped its line of
duty as laid down by the constitution.
The decision of the court puts an
end to a condition of affairs more
unique and exciting than anything
which has thrilled Kansas since the
border wars.
The Rival Houses
which have been struggling for the
mastery, sometimes by parliamentary
means, sometimes by force, and
at last through the Judiciary,
will now probably unite in one
body and transact. much-needed bust
ness. The acts of the PopuiiSt house
having been declared to be illegal, all
the appropriation bills will have to be
passed over again. The Republican
house has passed many bills, and they
will be sent to the senate at the first op-
portunity. The present session Of the
legislature expires by limitation March
8, and it will be necessary to hold an eX-
ira session in order to transact the neces-
sary business. The constitution pro-
videS that members may draw per diem
dues for only thirty days of an extra
session. and an effort will be made to
close up the business within that time.
The effect of the opinion upon the
election of Judge John Martin as sem
ator seems to be an uncertain quantity.
Judge Martin was elected by joint
convention of the PopuliSt house and
senate. The PopuiSt house having been
illegally organized, it is a question
whether
Judge Martins Election
would be recognized by the senate.
The Republicans and stalWart DEM
ocrats, however, have decided to
make no election, and there be-
ing no contestant for the seat. and
MIR. Martins credentials being reg
ular upon the face, might be accepted
by the senate. 1t may be that joint
convention of the house and senate may
be held later to choose senator, and in
that event the Democrats would doubt
less joint the Populists and ratify Mr..
Martins election.
The members of the Populist house
went into caucus this evening to con-
slider what action to take in view of the
supreme courts decision uphOlding the
legality of the organization of the Re-
publican house. After much discus
sion. it was decided to name commit
tee of three to wait upon the gov
ernor. and consult with him as to
their future course, and to report
to the house Monday. The general
sentiment of the caucus was to abide
by the courts decision and to join the
Republican house forthwith. The gov
ernor, in an interview, took that view of
the situation. The committee will make
a report to that effect Monday, and the
Populist house will then dissolve, and
organization.