The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-02-26
Decision Rendered That Sustains the Repuh-
lican House and Declares the Acts of the
Dunsmore Body 10 Be Illegal.
Populists Likely to Take Their Seats
in the Majority House on Monday.
Extra Session of the Legislature Necessary To
Pass Appropriation and Other Bills
Cleyeland's inaugural Train.
KANSAS WAR OVER.
The Republican House Sustained by the SUI
nraIne ConrI of The SIafe

Court this morning. Chief Justice Horton
rendering the decision, Justice johnson
90 mourning and Justice Allen iPopulist
dissenting sustained the Douglass, or Re-
publican. House as the legal and constitu.
tionai House of Representatives of the Kan.
sas Legislature, aud incidentally declared
that the acts of the Dunsmore, or PoDu.
list, House had no standing In law. The
opinion of the Chief Justice was given
orally. and occupied an hour and forty min.
utes In delivery.
The decision was in that case known "a
the Gum habeas corpus case. The Re.
publican House caused James q. Gum "a
be subpenaed to testify in a contested
election case. Gum ignored the summons.
claiming shat the Republican House was
not the constituuonally organized House
of Representatives. The Republican House
ordered its Sergeant alarms to arrest
Gum and take him before the bar OF the
House to receive punishment for contempt.
Gum as once instituted habeas corpus
proceedings in the Supreme Court In its
decision to-day the court denied the appli-
cation for writ deciding that the Repub-
lican House was legally and coDstitu-
tionally organized and that 1t had the
right and power to enforce its mandates. =
Chief Judge Horton In delivering the
opinion started in by reviewing the we'll
known facts in connection with the organ
izati0n of the rival houses. and declared
that, upon the allegations made. the court
bad before it a matter to decide judicially.
he said the evidence showed that the Re.
publican House was organized by sixty
four members holding certificates of cleo.
tion from the Secretary of State: that the
Popuhet House was organized 10y nifty
eight members holding certificates and
twelve contesting members. and that three
memb bers took no part In the organization
of either House. The Chief Justice then
went into q review of the manner IN which
legislative bodies are organized. and cited
McCray on elections, TO show that the
proper persons TO organize a House were
those holding certificates, and, in support
OF McCrsy, read passages from Cusbing's
Manual. The Supreme Court OF Nebraska
no longer ago than Jan. IL, of this year,
had taken that view OF the question. In
support of this theory he declared the
scenes recently witnessed in the Kansas
capital fully justified such rule.
In the case now before the court the
Chief Justice continued. no showing had
been attempted that there was fraud or bad
faith In the State board of canvassers.
There b had been presented revised Jour-
nal" of the Dunsmore House, evidently
carefully prepared. and yet that journal.
day after day, seemed to recognize that
only members holding certificates had
authority to act. For several days it set
forth that fifty-eight members responded
20 roll call. and others were counted In az
present, but not voting. in order to make a
quorum, the other members 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 as correct
UNLIKE THE REED HOUSE.
Much had been said about the Reed fed
eral House. the court went on. in support
of the practice of counting in members.
but the Reed House had rule. formally
adopted. upon which it obeys the Speakers
ruling The Dunsmore House had adopted
no such rule More than i've persons who
were counted in by the Duns smore HoNse
had never recognized lt as su ch, but were
carrying on a 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 Doug
lass House was organized by the vote OF
siXty-fOtr members who held certificates,
1t was claimed, the Justice went on. that
there were some irregularities In the or
ganization of the Douglass House because
it did not receive the roll OF membership
from the Secretary OF state, but II had a
duplicate OF that roll. The Secretary OF
States failure to lay before the House a
roll co1ld not prevent an organization.
1t 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 ques'
tion because it was an unpleasant one. Ii
had no more right to decline the exercise
of o jurisdiction than to assume jurisdic'
tIon that was not given TO it. Ii wac
claimed that the Douglas House was de.
etroyed when the Senate and Governor reo'
Ognlzed the Dunsmore House. If that wac
the law the Governor aud Senate two years
ago might have destroyed the Populist
House and created a Republican House
And two years hence and so on throughout
future history other Legislative bodies
might be overturned to accomplish par
tisan ends. Ii the Douglas House had vol
unfairly dissolved when the Governor and
Senate recognized the rival body the ques
tion OF de facto government would have
been strong force IN the case. but 1t did
not dissolve, and 1t was still IN existence.
In the course of his opinion the Chief
Justice incidentally indorsed the action of
Judge Hazen. of the District Court in
making permanent the injunction against
State Treasurer BIddie, restraining ham
from payments out of the State treasury
upon authority of appropriation bills
passed BY the Populist House. In conclu-
sion the court pronounced formal decision
on the habeas corpus case, and announced
that Justice Johnston concurred fully In
the courts opinion.
Mr. Justice Allen delivered q dissenting
opinion. holding that the Supreme Court
had no Jurisdiction In the case. and as the
PopuIist House had been recognized by the
Governor and Senate IL was de facto or
ganiZatIon, and Its acts were good In law.
PoPUPIsTs WILL SURRENDER.
The decision of the court puts an end TO q
condition of affairs more unique and excit-
ing than anything which has thrilled Kan
sss since tho border wars. The rival
Houses. which have been struggling for
the mastery, sometimes by parlia-
mentary means. sometimes by force. and
at last through the judiciary. will now
probably unite in ono body and transact
much h-needed business The acts OF the
Populist 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 opportuni-
ty. The present session of the Legis-
lature expires by limitation March
a. and IL will be necessary TO
hold an extra session in order 10 transact
the busiuass The Consultation provides
that members may draw per diem dues for
only thirty davs of an extra session. ana
An effort will be made To close up
the business within that time.
It seems TO be the general de.