The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1893-01-20
The Legislative Embrogllo.

cluSlOn as 10 inc late leSlSidblF0 en-
broglio of Kansas.
Republican papers are denouncing
the action of the populists as both
revolutionary and anarchieal Let us
inquire into all the facts in the case
and decide from them.
In the first place three of the republic
can members TO whom certificates we're
given were postmasters.
The law of the state of Kansas says
in effect that no federal officer shall be
eligible to seat in the-legislature.
The republicans claim that he may re
sign after election and lawfully take
his seat The populists claim that he
is ineligible to be presented for suffrage
for the Office The latter view is evl-
d emily the correct one, as will appear
from the following facts: First-It is
not compulsory upon the head of the
postal or any other department to ac-
cept the resignation of a federal officer
until the expiration of his term of Of
flee. Second-It being entirely OPP
tional with the chief of any department
Of the federal government whether or
no he will accept the resignation of
any of his subalterns, his acceptance or
rejection of the said resignation would
qualify OF disqualify IL member of any
state legislature under such law. In
other words, Mr. John Wanamaker
could make or unmake II member of
the Kansas legislature. This is the
logical conclusion of the position taken
by the republicans. II is untenable,
and in direct conflict
with the principle of mo federal inter-
ference with the domestic affairs of
any state" Third-The state return
ing board erred in the issuing Il certiti-
cate of election to Stubs. Fourth
1t erred in the Coffee county tie. The
law requires the secretary of state to
notify both parties in case of Il tie vote
to be present to witness the decision of
such tie by lot. This was not done.
To say nothing of the star-chamber
manner III which this was done, the
the certificate to Mr.. Ballinger was null
and void, through the noncompliance
with law. Fifth-The supreme court
erred i'll the HOltOn and NickersOn
cases. The law knows no error and no
ignorance. No part of the state can
have representation until given them
by an act of legislature assigning them
to some Legislative district, and no
court has power to render decision
which is III effect to amend, alter or
change the law. 1t will be remembered
that seventeen counties of the western
part of Kansas had no representation
for several years. There was no
remedy until the Legislature gave them
representation by enactment creating
representative district and assigning
them to the same. Will anyone hold
that the supreme court by It's decision
could give them representation? The
two cases in point are not altered by
any oversight. Sixth-A certificate of
election is only prima facie evidence
of right to seat in the legislature.
That certificate must have been given
according to law and not secured
either by error or by fraud. The
having received majority of the votes
legally cast and correctly and honestly
counted is the only ground for right
for seat in the legislature. Seventh
The republicans having no quorum
could not organize the house. If they
were allowed to do so. the parties dis
qualified taking part, they would have
a vote on matters involving their own
eligibility. They were parties to a
contest and should not be counted in a
! quorum. Eighth-In all conventions
the custom has obtained that all the
contestants and cOntestees be left out
in the preliminary organization. This
rule is wholesome and correct, and
should obtain in all legislative bodies
! Ninth-The populists submitted the
following proposition to the republicans
and they should have accepted it and
thus settled the difficulty. Their pro-
position to include the senate contests
was wrong. They rejected the pro-
position. Tenth = Having exhausted
all honorable means of a fair compro-
mise, the populists of the senate and
and the governor of the state could do
no more but to recognize the populists
of the house. Where there is no law
men must become law unto them
selves, and where no precedents exist
they must choose their own course.
The populist members of the peace
committee have addressed the follow
ing communication to the speakers of
two houses:
To the Hon. George L. Douglas and the
Hon. j. II. Dunsmore, members of the
hauSe Of raOreSantativas of the Stata of