The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1893-03-03
REPUBLICANS WIN.
The Supreme Court of the State of Kan
sas Decides Against the
POpulists.
This Puts an End to the Disgraceful
State of Affairs IN That
State.

ihSh wv !" III III gu
preme court this morning, Chief Justice
Horton rendering the decision. Justice
johnson concurring and Justice Allen
(populist) dissenting, sustained Douglas,
or the republican house, as the legal and
constitutional house of representatives
of the Kansas legislature, and incident
ally declared that the populists had no
standing. The opinion was given orally
and occupied an hour and forty minute ;.
The decision was of the case known
as III Gum habeas corpus case. The
republican house caused James &. Gum
to Toe subrmnaed to testify in the con
tested election cases. Gum ignored the
summons, claiming the republican house
was not the constitutionally organized
house. The republican house ordered
Its sergeant-at-arms to arrest Gum and
take him before the bar Of the house to
receive punishment for contempt. Gum
at once instituted habeas corpus pro-
ceedings III the supreme court. 1t it's
decision today the court denied the ap-
plication for a writ. deciding that the
republican house was legally and consti-
tutionally organized and that it had a
right and power to enforce its mandates.
In the course of his opinion the chief
justice incidentally endorsed the action
OF Judge Hazen Of the district court in
making a permanent injunction ngainst
State treasurer Biddle, restraining him
from paymeni1 out of the state treasury
upon The rity of appropriation bills
passed by the populist house. In con-
cluslOn the court pronounced its formal
decision on the habeas corpus case
ana announced that Justice Johnston
concurred fully in the courts opinion.
Justice Allen delivered a dissenting opin-
ION, holding that the supreme court had
no jurisdiction in the case, and as the
pOpuiist house had been recognized by
h governor and senate it was the de
factO organization and its acts were good
in law.
The decision Of the court puts an end
to the condition of affairs more unique
and exciting than anything which has
thrilled Kansas since the border wars.
The rival houses which have been strug-
CLING for the mastery for some time by
parliamentary means and again by force
and at last through the judiciary, will
now probably unite in one body and
transact much needed business. Allaccs
of the populist house having been de-
clared TO be illegal, al appropriation
bills will have to be passed over agair.
The republican house has passed many
bills and they will be sent to the senate
at the first opportunity. The present
session of the Legislature expires by limi-
tation March 3, and it will be necessary
to hold an extra session in order to trans.
act the necessary business. The con
~stitution provides that members may
draw per diem dnes for only thirty days
of an extra session and An effort will be
made to close up all business within
that time.
1t seems to be the general decision of
the populists to respect the decision OF
the court and populist members will
meet with the republican house on
Monday. The leaders all declare that the
decision is wrong and that they will APP
peal to the people at the next election.
The effect Of the election Of Martin as
senator is uncertain. but it is probable
no contestant will be sent to Washing
ton and Martins credentials being good
on fhe face would therefore be accepted
by the senate.