The Baptist headlight., 1893-09-15
WATERBURY'S BOOK.
He Writes a History Of the
POpulist Rebellion Against
the State Constitution
Last Winter.

AdSU w
Ed S. Waterbury, member OF the oar
at Emporia, Kansas. and clerk OF cleo
ton committee Of the popu-ist house
has written a pamphlet published under
the wing of the peoples party and en-
titled. ''The Legislative Conspiracy III
Kansas-Court Against Constitution.
Who are the Anarchists"
All who can borrow this pamphlet
should read it carefully. Don't buy It,
because it is a fim-fam thing made for
two purposes-to deceive voters ana 20
Get money. Don't buy it, but if your
fool neighbor has squandered cash on 1t
borrow and read it. 1t is birding OF
q book. 1t chirps like hungry little
hawk. It quotes Job and Jeremiah and
e. G. Clemens. 1t has pictures and
it is rich.
Begin for example with page seven.
Waterbury says: "In the forms OF state
government which have been handed
down to us, our fathers have sought to
preserve the independence Of the people
by preserving the three departments OF
judicial, independent of each other"
Then on page IL Waterbury says:
'eThe legislature consists OF three parts,
the house. the senate and the governor
Each of these component parts is bound
to find the other two and cooperate with
them. Who compose these three parts
must be decided before any Legislature
exists and before any Legislative busl-
ness can be transacted.
To begin with the three depart
ments of government, legislative, ex-
ecutive and judicial, are independent OF
each other as Waterbury and the consti-
tuition say, but by no means IN one
sense wholly independent. They are
independent and dependent according
to the fundamental law under which
thev all exist Every man OF sense
knows for instance that the Legislature
is dependent on the judiciary to this ex-
tent: that when the Judiciary says an
act of the legislature is unlawful, uncon-
stitutional, that act is no longer IN force.
Or again the legislature is dependent on
the executive to the extent that the
latter may veto an act and Kill 1t unless
if is repassed by certain vote None
but william or man OF feeble mind vii
deny that the Judiciary, of two sets OF
laws brought before it, has the right tc
say which set is legal and which illegal
which was passed by legal body ano
which by an illegal body. This is al
our supreme court did. 1t passed Oh
an act OF body of men and in dong sc
was forced to inquire into the parent
age of the act-who passed it. In this
way it declared which body was organ
lied as the house of representatives ac
cording to law. Every great lawyer il
the country, from Thomas NJ. Cooley
Justice Brewer. Joseph I'll. Choate anc
Chief Justice Fuller down to men O
lesser note. has said that our supreme
court decided rightly. Shall these me1
be believed or shall we rely on Ed Wat
erbury? Shame on Kansas that such {
question should be necessary.
Now let us look at Waterbury's tau
about the legislature being composed Q
the house. the senate ana the governor
The constitution of the state (arti
Gle 2, section II says that "The leg
islative power of this state shall b.
vested in house of representatives an'
a senate. What the constitution say
ought to be pretty fair authority, es
pecially when it is backed up by E
Waterbury himself when he says, as W
have seen on page seven Of his pamphlet
that the departments of our 6overnmen
are Legislative, executive and judicia
each independent of the others. Ii th
constitution says the Legislature is CON
posed of the house and senate and Wat
erbury says that the departments
government are each independent
the others how in the name OF the gees
that f1v can even Waterbury with h
magnificent cheek claim that the legH
lature is composed Of the house the SCI
ate and the governor. This is han
question, but probably any populi'
leader can answer it as he answers a
other questions without half trying"
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