The advocate and Topeka tribune., 1893-09-13
DIsHONORABLY DISCHARGED.
Continued from page II

The accused also contends that the order
was ambiguous; but, as the commander il
chief, who issued il, was in the same build
ing, and as he and the accused actually dis
CusSed the order after il had been issued
without any suggestion Of this character
having been made, this point cannot be
considered. If he was in doubt as to the
precise meaning Of the order, it was the
duty Of the accused, BEFORE REFUSING TO
OBEY it, to call upon his superior officer for
more specific command.
The two rival bodies having afterwards
Ooslesced, both the Douglass houge and the
Dunsmore house were merged in the house
of representatives. From the beginning,
the controversy was over th right of som
ten persons to sit as members, and as to
who should be the speaker and who the en-
plOyes of the house; and in this case we are
not called upon TO consider even that con-
troversy. The order directed the election
Of all persons not recognized by Hon. ]. M.
DunsmOre as members Or employees Of the
house of representatives. AS Mr., Duns-
more was not called upon by the accused to
point out such members and employees, it
can never be known what persons he would
have exempted from the order, and, there
fore, the accused himself has made il i'm
possible to determine that the order re-
quired the election of the house Of repre-
sentstives or it's employees. Had he pro-
oeeded with the execution of the order far
enough for Mr.. Dunsmore to discharge his
function under it, and had the latter failed
to exempt the members and employees Of
the house, then, the practical construction
Of the order would have appeared, and the
question Of it's legality would have been
fairly raised; but Colonel Hughes did not
deign to even BEGIN the execution of the
order. He did not even 60 to the hall to
see for himself who were it's occupants.
Legality Of official acts is to be presumed
till disprOved; and, hence if it would have
been unlawful to eject the house of repre-
Bentatives under the then existing circum-
stances, we must presume that such was not
the meaning of the order.
But, we are convinced that, even as in
terpreted by the accused, the order he dis
Obeyed was lawful.
First, AN INsURREoTIoNARY BoDV may be
dispersed by the governor though it consist
Of the house Of representatives. Were the
house TO surround the Shawnee county Jail,
batter down it's doors and attempt to lynch
a prisoner, must it be allowed TO proceed
because the house Of representatives is too
majestic body to be treated as a mob1
We think it indisputable that, at least
when the legislature is not in session, the
house, if it becomes there riotous or in
surrectionary body, may be dislodged from
representative hall.
Second, Suppose by, express invitation
and instigation Of the house when in actual
session, number Of men should stand at
the windows of representative hall and
amuse themselves by firing into the electric
cars passing on Eighth street and on Tenth;
or should stand at the head OF the eastern
stairway and rain bullets down into the
corridor in front Of the state treasury; the
house itself refusing to take any steps to
restrain the murderouB conduct, but pro-
ceeding with its business as if nothing un-
usual were going on; shall il be said that no
outside authority could enter that hall and
eject the wretohes thus msnaoing the lives
of oihzsns2 On the contrary, by its prOteo-
tion and encouragement Of the rioters, the
house itself would become part Of one en-.
tire riotous body embracing every ooCu-
pant Of the hall, and house and all might be.
and ought to be, elected by the executive, as
the general oOnservator Of the public peace