The Baptist headlight., 1893-12-22
WATERBURY'S BOOK.
He Writes a History or the
Populist Rebellion Against
the State Constitution
Last Winter.

Ed s. Waterbury, ''member or the par
at Emporia, Kansas. and clerk OF cleo.
ton committee of the popullst mouse
has written a pamphlet published under
the wing of the peoples party ana en-
titled. 'gThe Legislative Conspiracy ID
Kansas Against Constitution.
Who are the Anarchists
All who can borrow this pamphlet
should read it carefully. Don't buy IT,
because it is him-ham thing made for
two purposes-to deceive voters and to
get money. Don't buy it, but II your
fool neighbor has squandered cash on IL
borrow and read it. 1t is birding or
a book. 1t chirps like hungry little
hawk. Tt quotes Job and Jeremiah ana
G. G. Clemens. It has pictures and
it is rich.
Begin for example with page seven.
Waterbury says: I'm 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 IL Waterbury says:
sgThe 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
thew 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-
stitutional, that act is no longer in force.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 inouire 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 a
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 l says that ''The leg
islative power of this state shall be
f vested in house of representatives and
a senate. What the constitution says
ought to be pretty fair authority, es-
pecially when it is backed up by Ed
Waterbury himself when he says, as we
have seen on page seven of his pamphlet,
that the departments Of our government
are Legislative, executive and judicial,
} each independent of the Others. If the
: constitution says the legislature is COM
} posed of the house and senate and Wat
erbury says that the departments OF
government are each Independent OF
the others how in the name of the geese
that fly can even Waterbury with his
magnificent cheek claim that the legis-
lature is composed of the house the SEN
ate and the governor. This is HARD
, question, but probably any populis'
leader can answer it as he answers al
: other questions without half trying"
1