The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-03-10

Kansas will cheerfully concur in the decision
of said court and recognize either house il may
designate as the legal one.
The resolution lay over under the
rules until Tuesday, when on motion of
Senator Householder it was laid on the
table. On Wednesday, as soon as the
senate convened. Senator King (popu-
list) offered the following resolution:
Whereas, 1t is reported and generally be-
lieyed that the case now pending in the "su-
preme court" was brought for the express pur
pose Of attempting TO decide the legality OF the
organization and membership OF the house OF
representatives and
Whereas. Article l25 of the constitution reads
as follows:
Each house shall establish its own rules.
and shall be Judge of the elections, returns and
qualifications of its own members" therefore
be 1t
Resolved, BY the senate, that IL Is our 1udg-
ment after careful examination OF the consti-
tuition and established precedents that the SUI
preme court has no Jurisdiction whatever over
the organization of the legislature.
Senator King moved that the rules be sus-
pended and the resolution considered at once.
President pro TEN. Householder ruled the mo-
ton in order
Senator Scott (republican) offered the follow
ing resolution as substitute for Senator
Kings resolutions:
whereas, report has in some manner
gained circulation that this senate would refuse
to acknowledge the authority of the supreme
court in the matter of the controversy in the
house of representatives now pending before
that body: and
Whereas, Said report is an impeachment Of
the good sense and the patriotism OF the mem
bers of this body; therefore be it
Resolved. That we emphatically deny the
truth of this report and declare that in this
matter, rs in all others in which legal points
are involved, the senate OF the state OF Kan
sas recognizes the authority of our supreme
court and will Loyalty submit to its decision
1t is altogether unnecessary FOR me to
say to you that Senator Scott's substi-
tute, so manifestly in the interest of
corporate monopolies, was promptly
voted down. quote these resolutions
to show how entirely you and other
populist leaders are in harmony in OPP
posing the courts, when they may in
terfere with your party supremacy
For fear, however, of becoming per-
sonal and thereby disturbing our pleas
ant interchange of Sabbath morning
reflections, l will not discuss the unre-
publicanism of your secret Oath-bound
political organization, and the great
Importance to the republic of its dying
while quite young. Please repair the
republican end of your memory while
we return to the first of the week. You
know that Mr. L. G. Gum was arrested
by order of the Douglass legal house
for refusing to obey a witness sum-
mons, and at once asked the supreme
court to discharge him from arrest be-
cause of the illegality of the Douglass
house, which for that reason had no
right to arrest him. The case, you will
remember, came up on Tuesday. Feb
ruary 81, for trial. The court heard
testimony on that day and Wednes-
were heard Yesterday the court
presented its decision by Horton and
Johnstone; Associate Allen. pOpulist,
dissenting. All this has been pub
lished in this excellent daily news
paper which it is my pleasure to make
interesting and instructive to your ad-
ministration. During these days of
suspense to the abiding and patriot
ic portion of the state, the rump end of
your administration continues its labors
in the cave of gloom, while the senate
listened to Mr.. Leedy moving the capt.
tai of the state, with his wind power,
out on to the prairies, where, as he
magniloquently said, sit will be in
touch with Providence" OF course the
early settlers of this state ought to have
thought little wider and selected Il
lrn
but you see, governor, we old kansans
have not had the privilege of living in
other states all our lives as you and
other favored leaders of the new party
have However, there may be SOME
thing in what Senator Leedy says al
though he would be the last man one
would select as having exact informa-
ton about Providence.
As your time was fully Occupied dur
ing the important trial in finding places
for an army of patriots, am persuaded
that it will interest you to read here
the testimony of one of your witnesses
who has occupied q conspicuous place
in the front rank of the revolution.
This testimony of Mr.. Ben c. Rich; the
chief clerk of the rump house, is a fair
sample of the testimony of witnesses
in behalf of your cause. Your keen
sense of humor will not permit you to
overlook the dismantled and somewhat
ricketv condition of Ben's memory.
Mr.. Semple also neglected to bring all
of his memory to court with him, and
the forgetfulness of Ryan, and es-
pecially of Mr.. Lupfer, plainly indi-
Gated the great strain the revolution
had been upon their mental powers.
But to Ben's testimony Here it is:
Mr. Carve asked Have vol The original
copy Of thc first days journIl:'
Rich rcDliel-"I have not"
Mr. Carver -"Whcre is it:''
Rich-'I don't know"
Mr. Garver-"Whlt did you do with itl''
Rich-'I turned /: over to Nr. Semple, chair
man of the committee on revision Of the
Journal
How did there happen to be committee on
revision OF the journll:' ASKED Mr.. Carver, TO
which Rich replied in substance: II was not
present during the first part Of the org IniZ ltOn
OF the house. and this committee was to ar
range the work was unable to perform He
also said he not seen the original journal since
he turned it over to Mr. Semple, and that he
got the COPY in his possession al the state
printing Office. He said lie did not act with nor
confer with the revision committed
Mr. Carver asked What was being done
when you entered the hIl.:"
Rich replied: II cannot tell exactly. Mr.
Ryan was in the speakers stand acting as tenn
porary speaker"
Mr. Garver-"Was any one on the speakers
stand except Mr. Ryan?"
Rich-"Yes: l think IL was man by the
name OF Cubbison did no. k,0w him -
Mr Garver-"Were YOU elected chief clerk
and was M. Dlnsmore elected speaker b. Z
roll call Of the memrc-ss-
Rich-"No sir: We were both elected by q
viva voco vote,
Mr., Garver-"Then you don't know who par
ticipated in your organizatiOn:'
7 -sv ferl,f