The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-10-20
Senator Thacher's Reply.


The sOod OF all concerned Yours very truly.
c. : GLEED
Senator Thacher's Reply.
LAWRENCE Kan, Sept -, 1893
SIsARI.Es :. GLEED, Esq:
Dear Sir: Yours of the 23d inst, asking me
tn give my views of the main points of differ
eEos between the two parties last winter
~tuezcaing particularly on the organization OF
the house, the'Opinon of the supreme court.
Cse sailing out of the militia, and the course
pursued by Col Hughes and the sheriff OF Shaw
nee comfy is before me. In as brief a space
as possible will comply with the request
Almost the entire debate can be found by
those interested in the matter in the opinion
of the supreme court in the case OF In re Gum
5Eth X snsas, l55, being the prevailing opinion
OF that court given by Chief Justice Horton
SEG Ehe dissenting opinion pronounced by Jus
r5ne Allen the journals of the house and senate
UGgether with the so-called journal of the
DzRsmore house published ny the secretary
Of state. and the returns of the election board
Gf the several counties of the state. as found
IN tho Office of the secretary of state. These
ssaErces of information while open TO all, are
50 Voluminous that few will take the pains to
Gull from them the points in difference
ard 20 ascertain therefrOm which party
WIS in the right and which in the
nCEg. No one has stated better than Lieut.
Gov Daniels, in a letter TO Gov Lewellirg
S8Cchi1g the mining difficulties in southeastern
Kansas. the fact that in this country, law, as
fOaad in the statute books and as declared by
our courts OF final resort and as embodied in
Ss15noSen precedent and custom, must govern
all parties alike, and that anything different
fr1En this is anarchy, step backward towards
bHrsSzrism
The question TO be answered in this paper is
= very clear one. What were the rights, under
the Law, OF the respective parties TO the control
NJ Of rprNrpSpntatiVaS2 On %
side stood the republican members. elected to
EHst BODY, as well as the democratic members
sid on the other side those who were elected
rs populists OF the latter there were IS in
Member; Of the former there were e. making
brlsl Of 1875 members, ali that the house could
Lawfully consist Of
The G. members elected by the people, as
found by the records in the Office of the secre
fzTy OF state, made the body called the Doug
lass house: the other IS members made the
boIly called the Dunsmore house / donot stop
20 consider that in Haskell county clerical
error gave the election to Mr.. Stubs, instead
q 20 Mr.. Rosenthal, for both parties, Stubs
ard Rosenthal, acknowledged the mis- take and
N-. SGnbbs never claimed the seat nor was
S9orn in; bat az the first meeting of the 81
members Mr.. Rosenlhthal was recognized as
Tie lawfully elected member.
Oae other thought is to be considered. The
p1pulist members of the state administration
y7e-e, believe, with one exception, men I'M
IezTned and unskilled in the law, and the ad-
vice which actIated the administration was re-
scssived by it largely from three men who had
Cseservedly a very vide reputation in the state
for ability, and, may say, advanced views on
all questions. These men were Messrs. Doster
Webb and Clemens.
j think il is fair TO say that whatever posi-
k5ozS were taken either BY the Dunsmore house
eC 6y the state administration on an all legal
questions were, believe. results OF the advice
NJ owe or al Of these gentlemen Neither do
CzTCscise at all the action Of the administration
IN listening 10 the counse,s Of men who stood
EsSh in the lega! ranks, not only of the populist
party but in the state at large.
When the time for the legislature to assemble
arrived il vas clear that under the authority
CSIaw, as recognized from the foundation of
IRE state TO the present time, the republicans
Eszsz z. n hit TO the organization OF the lower
Sszose they we're in the numerical ma iority and
IE$xt majority was swelled by the action of
sS1nse democratic members joining with them
IL insisting upon the due organization OF the
ElUSs Cnder the long established and well set
zsS5 precederts III the state. Moreover. il will
~ remembered that the records in the ofice OF
7zzs secretary OF state and that they alone
u xhc organization Of the senate and house by
EHe persons found in that record as being
u tsss 20 seats in the respective bodies, were
Ez1e only notice that the public could have, in
<S1ding the courts. Of who were duly elected
1U7embers OF the two bodies. So far both par
ERes, think, agree as TO the law. The bodies
SS1SiS ted, as have said, respectively of 81 and
IS members, organized each with a set of Off
Gers and each claiming TO be the lawful body.
To the plain man there needs no argument to
snUW that the rights of sixty-seven men 10 or
SszniEe house are superior TO that of fifty
eight uea; but here the populiSis saT that
xhile there was apparent minority of that
kind, yet in fact II did not exist One Of the
SzSaest and most plain spoken senators on the
E0puiist side was Senator Sem of Dickinson
asunty. He is man Of rugged, earnest con-
T1csicns and does not shrink from stating them
te the plsinest manner, and believe him to be
entirely sincere In debating the question in
c2s senate he frankly said in substance: Il
solcede that the law is with the republicans;
S1aat on the face of the records they had a ma
5o-ity OF all members elected to the lower
house, but the question in my opinion. is great
81 than mere law: it is question Of justice I
maintain that while the records show the re-
pl5llcans 10 have the majority yet, as a matter
ii fact the populists had the majority, and
therefore, notwIths landing the apparent right
% the republicans under the records TO organ
re the house. yet in justice that right belonged
70 The other side Bat here occurred 4 diff
czl1y- NJ one was able 10 show how the popu-
lists had a majority either Of the popular vote
q q canvass OF that vote, or of the members
zctUzliy elected The popular vote was against
]kES7n d from SIX 10 seven thousand and the
E1zvaSsed vote, both By The precinct boards
the county ca1yassing boards and the state
s-s2Td. all showed the populists had elected
azly Gfty-eight members.
Which, then. was the legal body. the Douglass
zko,sse or the DCnsmOre housef A legally con-
sEtuted legislative BODY, whether senate or a
Szo1lse, has certain inherent powers and one of
1hs1 Is 70 arrest prisons who are guilty of con
zsUpt OF the lawfully exercised right Of the
ossE, arr 70 punish such persons by imp.ison-
Uszt
Tie Douglass hoGse had summoned q witness
~ ne name OF Gum TO appear before one of
zEs CON Eittees to give evidence in matter
-Essez Tseaiing. Gum refused TO obey the sub
zEsEz and vas thereupOn arrested by the ser
gent alarms of the house and brought from
sais home il Parsons 10 Topeka II the Doug