People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-03-03
COURT DECISIONS

Sen0uS Quour on as 10 the
Limit q tha Courts urls
diction.
The legal proceedings brought in two
courts TO determine which was the law
full house OF repressn. atives will form no
small part Of the history Of the late con-
test. There will come a time when q
knowledge Of these proceedings will be
valuable TO every voter in the state.
The injunction case Of the state, by re-
lation Of 2. N. Curtis, county attorney,
Ss. Van B. Prathsr, state auditor, and W.
Fl. Biddle, state treasurer, in the district
court Of Shawnee county, was heard on
February i, and on the 18th Judge
Hazen rendered long opinion, giving as
his decision that the temporary iniunc.
ton must be allowed Tor the reason that
the Dunsmore house was not the legal
house Of representatives, and that the
appropriation act il question had not
been legally passed This decision was
not considered as CT much importance.
On February IS, L. c. Gum, Of La
bette county, was arrested by c. G. Clev-
enger, seIgealt-st-arms Of the Douglass
house. Gum hsdrefused to obey sum-
mons to appear as witness before that
house, and tie alleged officer was act
ing under instructions from Douglass.
MIR. Gum, who was to be tried for con-
tempt, applied to the supreme court for
g writ Of habeas corpus, and OF course
the argument set up by his attorneys was
that the Douglass house, by reason otits
Illegally, had 40 right to order an arrest.
The hearing Of the case began Febru-
airy 81. The petitioner was represented
by Attorneys Eugene Hagan, Judge Dos
ter, G. c. Clemens, W. G. Webb and
Noah Allen, assistant attorney general;
the defense by 7. F. Carver, Ches-
tor |. Long, David Overmyer and
W. H. RossiDgton. The chief justice
showed & disposition at the outset to
favor the republican attorneys, though
the case was Of such nature that but
little was gained through the rulings of
the court as TO the hearing of evidence.
The taking of testimony was finished
Wednesday, witnesses being called in the
following order: Frank L. Brown, chief
clerk Douglass house; f S. Osborn, Sec
rotary Of state; J. u. Cubb!son, tempo
rary cSe!r,-Gu Douglass house; Geo L.
Douglass, speaker Douglass house; J. B.
Remington, temporary secretary Doug
lass house; Ben c. Rich, chief clerk, J.
M. Dunsmore, speaker; R. H. Semple,
speaker pro ten; W. H. Ryan, tempo
rary chairman; A. H. Lupfer and A. N.
Wilmington, members. Treasurer Bid
die was also called to testify as to paying
out money by authority Of an act of the
Dunsmore house. Most of the evidence
was relating to the manner in which the
two houses were organized on January 10.
The summing up arguments we're pre-.
sented by Hogan, Carver, Clemens, Over
myer, ALLEN, Long, Doster and Rossington.
In the order named. Most of them were
very forcible, but the eloquent arguments
OF DOster, Hsgan and Clemens were
wasted so far as majority of the court
was concerned.
Nine O'Clock a. m, February 25,was the
time set for rendering the decisions, and
at that hour the courtroom was crowded
The chief justice, in lengthy address
gave his opinion that the Douglass
house being the legal one the pris.
oner should be remanded to that
body for punishment and Justice Johns
ton corcurreG. Justice Allen rendarod
dissenting opinion which is given IN
iull below. The substance of Chief Jus.
tlce Horizons remarks was as follows:
EXTRACT OF TIE CHEF JUSTICES oprN
ION.
Chief Justice Horton gave his decision oral
~ rom notes. His first point was; The con
butuuon OF the state gives this court origi-
nal jurisdiction in habeas cornus and t5;s
Is a proceeding Of that character.
Therefore, We have before US, peces-
sary Tor our determination, the question
whether the body or the House which
authorized Clevenger as sergeapt-at.
arms TO arrest and detain Gum. had
any legal or constitutional authority so
70 DO. II there was oae House only. or
the proceedings of one House only TO
consider, our duty in this matter would
be plain and easy. But it an
pears from the journals presented
70 US that on January 10, lS93
me DAY appointed for the orgariza-
lion OF the House of Representatives OF
The state of Kansas, there met and at.
tempted 10 organize at the capitol. in
representative hall, two Houses. which
since that time have acted or attempted
TO act separately and independently Of
each other.
us contemplated NAT eacn house ~ tha
legislature shall be organized by the r .re
sons WAC are priml iCcie members therao,
NIeQulres no arguH ent TO prove the a.
asuous consequences OF a dlfTerent CO.,,
suuctlon OF the coli, llutlon. N0l'
The chief justice adi ed:
Il may add that the scene. which
bAye occurred in this capitol during the
past Two weeks are sufficient foundation