Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-09
WATERBURY'S BOOK.
He Writes a History Of the
Populist Rebellion Against
the State Constitution
Last Winter.

Ed 8. Waterbury, member Of the bar
at Emporia, Kansas. and clerk OF cleo
ton committee of the populist house.
has written pamphlet published under
the wing Of the peoples party and en-
titled. 1.-THE Legislative Conspiracy in
Kansas Court Against Constitution.
Who are the Anarchists?'
All who can borrow this pamphlet
should read it carefully. Don't buy it,
because it is him-Aam thing made for
two purposes-so deceive voters and to
1get money. Don't buy it, but il your
fool neighbor has squandered cash on it
borrow and read it. 1t is birding OF
a book. 1t chirps like hungry little
hawk. It quotes Job and jeremiah and
G. G. Clemens. 1t has pictures and
it is rich.
Begin for example with page seven.
Waterbury says: ''In the forms of state
government which have been handed
down to us, our fathers have sought to
preserve the independence of the people
BY preserving the three departments Of
the government, executive, Legislative and
judicial, Independent of each other"
Then on page II Waterbury says:
''The legislature consists of three parts,
the house, the senate and the governor.
Each of these component parts is bound
to find the other two and cooperate with
them. Who compose these three parts
must be decided before any Legislature
exists and before any legislative bust
ness can be transacted.
To begin with the three depart
ments of government, Legislative, ex-
ecutive and judicial, are Independent Of
each other as Waterbury and the consti-
tuition say, but by no means in one
sense wholly independent. They are
independent and dependent according
to the fundamental law under which
they all exist. Every man of sense
knows for instance that the legislature
is dependent on the Judiciary to this ex-
tent: that when the judiciary says an
act of the legislature is unlawful, uncon-
that act is no longer in force.
Or again the Legislature is dependent on
the executive to the extent that the
latter may veto an act and kill it unless
if is repassed by certain vote. None
but william or man of feeble mind will
deny that the Judiciary, of two sets of
laws brought before it, has the right to
say which set is legal and which illegal;
which was passed by legal body and
which by an illegal body. This is all
our supreme court did. 1t passed on
an act OF body of men and in doing so
was forced to inquire into the parent
age of the act-who passed it. In this
way it declared which body was organ
lied as the house of representatives &C
cording to.law. Every great lawyer in
the country, from Thomas M. Cooley.
Justice Brewer, Joseph Fl. Choate and
Chief Justice Fuller down to men OF
lesser note. has said that our supreme
court decided rightly. Shall these men
be believed or shall we rely on Ed Wat
erbury? Shame on Kansas that such
question should be necessary.
Now let us look at Waterbury's talk
about the legislature being composed of
the house, the senate and the governor.
The constitution of the state (arti-
Gle 2, section / says that 1.-THE leg
slative power of this state shall be
vested in house of representatives and
4 senate. What the constitution says
ought to be pretty fair authority, es-
oecially when it is backed up by Ed
Waterbury himself when he says, as we
nave seen on page seven of his pamphlet,
hat the departments of our government
ire Legislative, executive and judicial,
zach Independent of the others. If the
constitution says the legislature is COM
posed of the house and senate and Wat
'rbury says that the departments OF
government are each independent of |
he others how in the name of the geese |
hat fly can even Waterbury with his |
cheek claim that the legis- |
allure is composed Of the house the SEN
tie and the governor. This is q hard |
question, but probably any populist |
eader can answer it as he answers all |
'ther questions without half trying"