The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1893-02-23
supeEa AxEs.s OPINION.

The question OF the legality Of the
populist house has finally been pass.
ed on by the courts. An appropris
ton bill was passed last week by the
senate and populist hosse, and sign
ed by Governor Lewelling. All
night long the populists were busy
getting their vouchers ready, and as
soon as the Topeka Capital. contain
ing the law, was issued, q raid was
made on the treasurer by the popu-
list members for their salaries. The
payment Of these bills commenced
at 4 o'clock In the morning, and be-
fore q restraining order could be got
out by the republicans nearly $l4, 600
had been paid out. The injunction
case came up In the district court oil
Shawnee county, and was ably ar
gued by both sides. Saturday Judge
Hazen delivered his opinion on the
case, which should end at once the
disgraceful scenes that have brought
shame to our beloved State in 30
short q time. The decision Is an able
one, and goes over the whole ground
carefully, showing plainly that the
populist house has no legal right to
do business In Kansas this year.
After reviewing the entire case care
fully, Judge Hazen closed his opin-
ion as follows:
II fifty-eight members being less
than q constitutional majority, can
meet, organize the House, turn out
certificated members and seat others
sufficient to give them constitution
al msjority, and then with the recog-
milton of the Senate and governor,
transact business and enact laws,
why may not forty-eight members
do the same thing? III you once
grant the authority Of less than q
constitutional majority TO organize
the house, then there is no Limitation
except the will of the persons who
seek to organize il. III then at the
next election, the Democrats should
elect q governor and have control OF
the Senate they can organize House
| irrespective of the members elected
But defendants counsel say the
courts cannot go behind the journal
that the journal is q barrier behind
| which the courts can never go. But
what journal is il behind which the
courts can not GO? 1t must be the
| journal Of the House Of Represents
| tives, and not a journal of House
| claiming to be the House OF Repre-
| sentatives; and the courts must first
determine, " hen this question arises
| whether IL is the journal OF tn,
House, and in the determination o.
| this question the whole case is deter
| mined. III the law IL as COMMENDED
| for by defendants, then our constitu
ton is no protection in so far as 1t re
| quires an act to pass the House o
| Representatives., for under their con
tention IL may pass anybody, and 4
| il receives the sanction Of the Senat,
and signature of the governor IL be
comes a law. III the Douglass HOUSE
had disbanded and the Dunsmor,
| House had continued to transact bus
mess, then 1t would have become /,
| de facto House and the laws enacted
by il valid; but under the evidenc,
| i'm this case IL will hardly be contend
ed that the Dunsmore House Is a d,
facto House.
Under the evidence in this cas-,
and i'm accordance with the views ex
pressed in this opinion, the tempo
rary injunction must be allowed, fol
the reason that the court is Of thu
opinion that the Dunsmore House II
not the legal House of Representa-
tives, and that the act in question
has not been legally passed.
Injunction allowed.