The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-11-03
TAKE ALL THE STEPS.
Then You VIII Have 1t Fixed In Your MIND
How q Legislature II Born.

| bringing Kansas legislature into ex-
| istence. The laws cited are authority
| for every step. and any reader can
| readily read both constitution and
statutes as cited by stepping into the
nearest law office. This is an incon-
trovertible method of ascertaining who
was right in last winters debate in
| Topeka. Here are the questions and
answers:
Question-At the last election who
elected the members of the house and
senate?
Answer-The people, at the polls.
"How did the people and the candi-
dates find out who was eleeted?'
THE votes were counted in each pre-
cinct. and the result reported to the
county clerks, who with the county
commissioners as a eanvassing board
counted up the figures in each case and
determined which candidate was
ahead. (Sec. 26S7 Comp. Laws 1881"
What did each county clerk do after
it had been determined who had re-
| ceived the most votes?"
ale sent report of who was elected
to the secretary of state. (Sec- $500 c.
L. 1881"
"Why did he do this?'
because the laws of the state say
/ that he must
what did the secretary of state do
on receiving the reports of the county
| clerks?''
He sat down with the governor, tina
auditor, the treasurer and the attorney
general and these FIVE officers made an
official survey of the reports of the
| county clerks and themselves made the
| final and conclusive announcement as
| to who was elected-conclusive until
either the house or the senate, on hear
| ing evidence, should conclude that
given holder of canvassing board GER
| tificate was not entitled to hold it
| (Sec 1896 G.. L. 1881"
| "Why did the secretary of state and
the other officers named go to the
| trouble of examining the reports of
the county clerks as a canvassing board
as above described"
| because the law directs that they
shall. (Sec. 1896. c. l.. 1881"
How can it be that the law is so
| foolish as to direct that all this be
done when the governor las we are
told by the populists) has the right to
| recognize whoever he prefers as COM
posing house or senate, and to en-
force his recognition by calling in
| the militia?"
| THE populists who perpetrated the
| recognition trick-all of them, from
| the governor to the most Insignificant
member of the minority in the house
| broke the law aud tried to do what
| they had no sort of right to do just
that they might have things all their
own way. The governor has no more
right to say what the lawful house is
than the house has to say who the law
| full governor is. In case of dispute it is
| the business of the supreme court to
| settle such questions. That is what
the court is for and without such a
referee for such disputes the state
might reasonably expect to be flung
into bloody warfare whenever a close
election cast any sort of doubt on the
result. The law tells how legislatures
shall be organized and conducted and
how governors and other state officers
shall be seated, and the mo-
ment a dispute arises as to
which of two legislative bodies,
or which of two state officers is
the one rightfully in place, just that
moment the supreme court is available
for an authoritative settlement of
which of the two is right and which
wrong. Without such an arrangement
the state would always be in danger
from the action of bold and unscrupu-
lous men who might attempt to have
their way by force rather than by
right. Such men as Gov. Lewelling do
not like courts unless they can have
the making of them, as in the case of
| the Hughes court-martial."
| But to return to the canvassiug
board, what is done with its report?"
| 1T is filed with the secretary of
state, recorded in a book, certificates
of election issued and the whole mat
ter becomes part of the state archives.
| (Sec 269S C. L. 1887"
After it is filed, recorded, etc, what
| is the first use made of it?''
"A copy of it is put before each
| branch of the leg Stature at a given
hour in accordance with section 2699
c. L. 1889, which reads as follows: Up
on the day fixed by law for the assem-
bling of the legislature, the secretary
of state shall lay before each house a
| list of the members elected thereto,
with the districts they represent, in
accordance wirh the returns in his Of
| flee"
What is meant by laying before
each house a list, etc"
.'It is meant that the secretary shall
do as Secretary Osborn did in the case
of the senate-he put a list into the
hands of the presiding officer
Ibid he put such list in the hands
of the presiding officer of the house,"
HE did not. A majority of those
| holding certificates of membership in
the house decided by vote who should
preside over them, and the secretary
| did pot leave the list as directed with
| such officer, but, on the contrary, de-
| clined to do so in order that the sonata
and the governor might have a chance
to try to help the minority in the house
overcome the majority. His action was
a rank violation of the law"
us the result of the examination by
the canvassing board transmitted to
the GOVERNOR
mo: the law seems to think that it
is none of the governors business who
is elected. Who belongs to a given
legislative body is determined first by
the certificates of election, second by
the body itself, and finally by the SUI
preme court when it passes on given
law or proceeding and determines
whether it is legitimate or illegitimate,