The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1893-03-03
REPUBLICANS UPHELD.
The Kansas Supreme Court Sus-
tains the DCazlass House
OpIHIou OF ChIsr Justice Horton, which Is
CuucuFred fu Hy Justice Iahustou-
Justice allen ulsse1lta Frasa the
Majority OF rho Court.

4 q. fH
Justice allen ulsselltH Froal ths.
Majority OF rho Court.
ToEEEA, kan. Feb. 27.-4he su prems
court Saturday. Chief Justice Hor-
ton rendering the decision, Justice
/ Johnson c01curriug and Justice Allen,
populist, dissenting, sustuiuea the
Douglass or republican house as the
legal and constitutional ho1=e of repre-
sentatives sf thee Kansas legislature
and incidentally HeclarGd chat the acts
no standing iu law. The opinion OF
the chief justice occupied an hour and
forty minutes I'm delivery and fully exc
hausted the subiact
The chief justice stated taat 4sG Gvrlt
ten opinion had yet. been prepared and
then brieay stated the history Of the
case.
The question at -l5sue, the ctiet JUS
tice continued. .-vvas whether the Doug
lass house of repre-e utatIves had legal
authority TO arrest Gunu- IL there was
one house only the Suty OF the court
would be easy and plain, but it lp-
peared from the respective journals
thut there were two houses claiming
the right 20 IerisIute- He tLen went
briefly into the way Legislative bodies
are organized and cited McCray on
election TO show that the proper per-
sons to organize % house were those
holding certificates. and, in support of
AcCray, read passages from CushiuE's
manual The supreme cuur5 OF Me-
braslSa, no longer ago than Jauuary II
of this year, had taken shat viev OF tho
question. In support oE this theory. he
declared, the scenes lately Witnessed In
the Kansas capital fully justified such
a rule. In the main, ha said, IL WAS
undertalSeH To- ignore the statute Iva
making returns of the election of 8
legislature and riot and violence re-
suited
In the case now before the court the
chief Justice continued, mo- showing had
been attempted that there was lt-tud
or bad faith on the Part of 71he state
board Of CaUvassev7. There laii been
presented q ''reriaad journal OF the
Dunsmore house, evidently carcfuGZa
prepared, and vet that journal day
members holding certificates had au-
thority to act For several days Is set
forth that hfLy-eight members respond I
ed 70 roll call and others wcfe counted I
in is present but not voting I'm ogGerfg .
make quorum, the other members nt I
the house caaracteEized as cautestau !
This record was kept mp until tee rou- [
Jes tauts were formally tahea I'm by "a I
vote of the house. Thea t9s jluUzal 4
showed that the Duusmorc house ac- i
cePted the precedcnts laid down in the I
books Gs correct
Much was said ubout the Reed house, /
the court went on, i'm support of thu 4
practice OF counting iu mem bers, but {
the Reed house had one of lts own rules /
adopted upon which TO base 7
the 1peulSer'u ruling. The Duusmoru 4
house had adopted no such rule More
than i've persons who We're coHuted ira
by the Dunstnore house had never rec
lguized &c as such but We're carrying |
1u house of their own. Speaker Reed I
never counted in amy persons who had .
not recognized him as speaker Vow
there could be no qucaLiou that the
Douglass house was urganizz8 10y tEet
-otgs of siSty-four members vino held
sertifcates-
u was claimed, the JUSTICE went ou,
That there were some irrCgularitie7 ic-
ne organization of the Douglass house
because 81 did not receive the roll. OF
mem bersAip from the secretary of state
put it had a duplicate of taat roll. The
secretary Of states failure 90 lay before
.he house a roll could not prevent an
1t was urged, lIr. Horton declared.
hat the court could not Interfere In
.he controversy between the rival
bodies, but the supreme court could not I
l1ss by question because it wa. au
Unpleasant one. 1t had mo- more
light to decline the exercise of
jurisdiction than to- assure a
Jurisdiction that was not given 90
T. 1t was claimed that the Douglass
rouse was destroyed when the senate
md governor recognized the Duusmure I
louae. If that was the aaw the gov
.rnor aud senate two years ago might
AVE destroyed the populist house and
rcated "a republican huIse. And two
ears hence, and so on through future
history other Legislative bodies might
pc overturned Co accomplish partisan
nds- Of the Douglass house had voI-
iutarily dissolved whe4 the governor /
md seuute recognized the rival body,
he question Of de fucto government
would have been q strong force in tbs
ase, bat o. did not dissolve and it was I
till In existence
In the course Of his remarks the CHIEF i
lstice incidentally indorsed the opin-
On Of Judge Uazeu iu the Injunction [ ,
ase against State Treasurer BiddIe.
In conclusion, rhe chief Justice said ]
he Douglass house was the lawful /
ouse OF representative ana in his
Jews on tiue subject bee announced that
lr Justice Johnston fualv colneided Z :
nd conquered
Air. Justice Allen then delivered o. :
issentiug opinion in which he held
hat the suprez1e court had no iurisiic-
0u of the case aud as che Duasmgrs ,
cuse had been recognized 10y the gov
-nor ana senate it was de facto ore J
anizatiou and it's acts vvgee good In
-Ig.
HusrIbIe 8e4rh.
BUFFALO, ~. E- Eeb 27--GcsTgg