Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-02-08
Law and Precedent.

Law anu ffcCeueuIs
Mr.. MeNeal comes out in letter ad-
dressed to Mr.. Garrison, which is SUI
perior to any we have seen from that
side; in that he INDUCES in no personal
abuse and lmpeaches no bOdy's motives
until he gathers courage in the pero-
ration portion of the article.
1t is manly document, compared
with the contemplate low fling, from
would-be preacher that disgraces the
the next column.
Tom picks out some seeming incon-
sistencies, which is always an easy task
and which compliment can be easily
returned. He complains that we call
for a constitutional amendment after
claiming our action 80 far is constilu-
tional. There is nothing wrong in this.
1t simply puts the matter in the flu.
ture beyond question. There are amend
ments to the constitution of the u. S.
guaranteeing such rights as were real
ly guaranteed before; put there merely
to avoid any future controversy what
ever
lie complains because we allowed
peoples party pOstmasters TO remain
seated, while we unseated republicans.
lie seems to forget that the peoples
party postmasters were never contest.
ed in populist house. We are willing
TO admit that we think it was mistake
TO GUST the postmasters merely because
they had been such; but the seeming
inconsistency does not exist. If the
popullst organization is legal, their ac-
ton was regular and consistent.
Was their action legal? Did they
violate law?
MIR. McNeal presents an "If'' in his
argument; if all seats should be con-
tested, we would have no legislature.
lis are as fair on one side as on anoth-
er. If all the certificates had been
fraudulent, what then would we have?
Why, simply anarchy, revolution, legal
lied yillainy founded on precedent.
That is what. The question, the only
question in the organization is this:
Can member legally elected, but il
legally defrauded of his certificate par
ticipate in the organization or not?
Is election, is the original ballot high
Ell source of right than a certificate
made to order?
Is the Will of the people, or the will
or returning board the superior title
to seat and vote on the organiza-
ton?
Mr. McNeal is lawyer, and perhaps
he has heard of legal maxim that
fraud vitiates all that it touches. -
Let these certificates prove fraudulent.
and the organization which fs based on
them must be vitiated, illegal, and un-
just. 1t is child of fraud.
And how can the house. the legally
elected house, and that is the Only
house known in the constitution, how
can it be judge of elections, returns
and qualifications of it's own members
If crowd of fraudulent conspirators
can assume the functions of a house
under the cloak of certificates made to
order, and vote each other into a seat?
The claims set forth by the republicans
are without precedent or law, reyolu-
tionary, tending. toward anarchy and
bordering on rebellion. Ali you lack
is the intention, which of course is
necessary to constitute the crime: and
many are radical enough to believe YOU
have that
If you want the precedent and law
you pretend to revere so much, why
not take what is perhaps the only sim
liar case on record, and see what the
court says. Take the following, and
then tell us what you think of proceed.
ent and law:
Holders of summons which are void
for the reason that the governor and
council have failed to correctly perform
the constitutional obligation resting
upon them have no right to take part in
the organization, or any subsequent
proceedings of the house to which they
are wrongly certified. They are not in
fact members. But the members right
fully elected are entitled to appear and
act in the organization of the house to
which they belong, unless the house
and senate, in judging of the election
and qualification of members, shall de-
termine to the contrary"
A member without summons. who
appears to claim his seat, is prima facia
entitled to equal consideration with a
member Who has a summons issued
him in violation Of law. lie is not to
be deprived of the position belonging
TO hlm on account of the declaration of
chose whose duty it was to have given
him the usual summons. The absence
of that evidence may be supplied by
other evidence of membership. The
house and senate have the same right
to consider and determine whether. in
the first instance, such persons appear
to have been elected, as they have of
any and all persons who appear for the
purpose Of comprising their respective
bodies. 10 Name, $50.
Excuse us Mr.. McNeal for being so
bold. We suppose you were shooting
at bigger game, but a rrize-fighter
must knock out the little fellows, be.
tore he claims the right to face cham
piOn.