The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-26
AGAINST THE P0PUL|STS.
The Supreme Court Of Kansas De-
cides in Favor OF the
Republicans
Their Body Declared to Be tho Le-
gally Organized House OF
Representatives..
The POpuiist Member OF tho Court Hands
Down n Dissenting Opinion, but
1t Don't Go.

court this morning, through Chief Justice
Horton, rendered a decision, Justice John
son conourring and Justice Allen (popu-
list) dissenting. sustaining the Douglass or
republican house as the legal and constitu-
tional house of Representatives. OF the
Kansas legislature. and incidentally declar-
ing the populists had no standing. The
decision was OF the case known as the Gum
habeas corpus. The republican house
caused James G. Gum to be subpoenaed to
testify in the contested election case. Gum
ignored the sum IONS, claiming that the re-
publican house was not the constitionally
organized house of representatives.. Tho
republican houSe ordered its sergsant-at-
arms 10 arrest Gum and take him before
the bar of the house to receive punishment
for contempt. Gum at once began habeas
corpus proceedings il, the supreme
court. In the decision to-day the
court denied the application for a
writ. deciding that the republican
house is legally and constitutionally organ
lied. and that it had the right and power
TO enforce its mandates. Chief Justice
Horton, in delivering the opinion, started
in by reviewing the we'll Known facts in
connection with the organization of the
rival houses and then went on to review the
manner In which legislative bodies are or
ganized, and cited McCreary on elections
to show that the proper persons to organize
house are those holding certificates of
election.
The Dupte eme court of Nebraska. no lon
ger ago than Jan. II of this year, had
taken that view of the question. In sup
port Of this theory he declared that the
scenes lately witnessed in the Kansas cap
ital fully justified such rule. II is urged,
Horton declared that the court could not
interfere in the controversy between tho
rival bodies, but the supreme court could
not pass by a question because it is an un-
pleasant one It had no more right to
decline to exercise jurisdiction than to
assume jurisdiction that is not given to it.
In she course of his opinion the chief JUS
tice incidentally endorsed the action of
Judge Hazsn. OF the district court. in max
ing permanent injunction against State
making payments out Of the state treasury.
upon the authority of appropriation bills
passed by the populist house.
In conclusion the court pronounced for
NAL decision on the habeas corpus case, and
announced that Justice Johnson concurred
fully in the courts opinion.
Justice Allen delivered dissenting opin-
ion, holding that the supreme court had no
jurisdiction in the case, and as the populst
house had been recognized by the governor
and senate it il de Iacto organization. and
its acts good in law. he decision of the
court put an end to a condition of affairs
more unique and exciting than anything
which has thrilled Kansas since the border
wars. The rival houses will now unite in
one body and transact the much needed
business.
The present session of the legislature ex-
pires by limitation Ma ch 3, and it will be
necessary to hold an extra session in order
TO transact necessary business. 1t seems to
be the general decision of the populists to
respect the decision of the court and lopu-
list members will probably meet the re-
publican house on Monday. The leaders
all declare the courts decision wrong and
saw they will appeal from it to the eople at
the next election. The effect of the opn-
ion upon the election of Judge John Martin
as senator seems to be an uncer-
tain quantity. The republicans and
stalwart democrats, however, have
decided to make no election and
there beina no contestant for the seat, an d
Martins credentials being regular upon the
face it might be accepted by the senate.
There may be joint session Of the house
and senate later to choose a senator and in
that event the democrats would doubtless
JOIN the populists.