People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-03-03

pay o0elsance at the shrine OF unwar-
ranted power or unconstitutional author
ity."
The chief justice then stated that Mr..
Justice Johnston fully concurred in
what he said, Uut that Mr.. Justice
Allen dissented.
OPINION OF ASSOCIATE JUSTICE ALLEN.
The questions involved in this case are perhaps
of greater importance than those which have
ever been involved in any controversy heretofore
occurring in this state. 1t involves the consti-
tutional distribution of powers, rights and
duties by the fundamental law Of this state.
Among the several heads of the great depart
ments of government under our own tonstitu-
ton, as of other states we have three great
coordinate branches of goyernment-the execu-
tive, legislative and judicial. Each in itssphere.
is supreme; each is accountable to the people
and to the people alone for its action. Neither
can trench on the powers granted to the other;
neither can perform Of itself duties which are
entrusted by the constitution of the state to the
other
In what say in this case | must premise that
l speak merely from first impression. In my
Judgment no opportunity has been afforded to
the members Of this court to fairly consider ss a
court of last resort should consider the great
constitutional questions which are here pre-
scented for our consideration.
Au ufo tod b,t h. $50, IL
court spent nearly the entire day yesterday 10
consultation; many authorities were cited by the
very learned counsel on both sides, of which ex-
animation has been VI necessity of the most
cursory character. 1t must be apparent to any
lawyer that careful examination of each case
by the court Of last resort has been impractical
BILE; and in what | now say | reserve the right
hereafter when shall file a written opinion to
correct any error l may make in the opinion
which now express.
This case is brought by citizen of this state
who is restrained Of his liberty by one C. G.. Cev-
niger, who claims to be the sergeant-at-arrns of
the house of representatives of this state II was
conceded on the hearing Of this case that if he
were the sergeant-at arms with warrant signed
by the speaker Of the house of representatives,,
that his detention is legal The petitioner asks
this court to discharge him from that restraint
because of the want Of power in the speaker or
the gentleman who as speaker issued a warrant
to issue it. Upon the inquiry so arising, it be-
comes the duty Of this court to pass upon the
power Of Geo. l.. Douglass to issue this warrant.
The court in collateral proceeding is now called
upon to decide a question Of right between two
contending bodies each claiming to be the house
of representatives Of this state. And right here
might say that a statement Of this question, in
connection with the admission made By counsel
in this case, shows the peculiarly of the posi-
ton this court takes when it a sumes to deter.
mine for itself the question here presented
1t was said on the argument Of this case that
this court would not have power in an action
brought by one Of these contendiny bodies
against the other to GUST the wrongful body
from the possession of the house of representa-
tives, and to place the iightful body in posses
sion of that house. Then the power of this court
al this iuncture is as an adviser 1t has no power
to go into this controversy and decide according
to the right of one matter and enforce its judg-
ment on the unlawful body Controversies of
this kind have arisen in times past and it is to be
feared may arise in times to come. 1t is neces-
sary that the public duties may be performed 1t
is necessary that power may arise somewhere to
settle controversies between conteniing claim
ants in the right snd exercise Of the rights of the
house of representatives. Has the constitution
vested this court with power 70 hear and deter
mine these controversies: 1t is conceded in the
argument that the constitution has not so re-
posed that power in this court. Then ask, can
this court in a collateral action do that which il
cannot do in adirect proceeding: But it may be
said. this question must be decided. 1t has, in
fact. jurisdiction of the case and must discharge
or Iemand the prisoner. TIE question rather is
upon what principles must the court decide and
what are the limits Of its principles.
Section 1, article of the constitution reads:
The legislative power of this ttste shall be
vested in house Of representatives, and senate"
Article /, section 2,of the constitution reads:
"The supreme executive power Of the state shall
be vested in q governor, who shall see that all
laws are faithfully executed"
The constitution requires tie governor to do
various things in reference to the making Of
laws: He must, when the legislature convenes,
Communicate to it such information as he deems
necessary. He must transmit what is known as
the message to each of the bodies. In trans
hitting that message, he must OF necessity as