Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-02-15
The TOneka Middle.

Maine decision speak for itself. The
statute of Maine involved in Hill VS.
Cove, 10 Maine, 55l. is as follows:
mo person shall be allowed to vote,
or take part in the organization of eth
er branch of the legislature, as a mem
Der, unless his name appears upon the
certified loll of that branch of the leg
islature in which lie claims to act"
Concerning this the supreme court of
Maine speaks as follows:
I'VE think it clearly repugnant to the
constitution which declares that each
house shall be the judge of the election
and qualification of its own members
1t aims to control the action of each
within it's constitutional power, until
after full organization, with a MAORI
ty determined and fixed by the govern
or and council. Bv their action in
granting certificates to men not appear
ing elected, they may constitute each
house with majority to suit their own
purposes; thus strangling and over
throwing the popular will as honestly
expressed by the ballot. The doctrine
of that act gives the executive depart
ment the power to rob the people OF the
legislature they have chosen, and force
upon them one to serve its own purpose.
1t poisOns the very fountain of legisla-
ton, and tends to corrupt the legisla-
tive department. 1t strikes death
Mt m hnorf Of nnnnlaT
ment, and renders it's foundation and
great bulwaIk-the will of the people as
expressed by the ballot-a farce. Each
house has the same power and IS charg
ed with the same duty TO declare the
election of It's own members and organ
ize itself in any legitimate way, as be-
fore the passage of that act. ITO Me-,
pages $50, 587.)
Holders of summons which are void
for the reason that the governor and
council have failed to correctly perform
tho constitutional obligation resting up
on them. hare no right to take part in the
organization, or any subsequent pro-
ceedlngs of the house to which they are
wrongly certifcated. They are not In
fact members. But the members right
fully elected are entitled to appear and
act in the organization of the house to
which they belong, unlese the house
and senate, in judging of the election
and qualification of members, shall de-
termine to the contrary.
A member without summons, who
appears to claim his seat, is primG fdcic
entitled to equal consideration with a
member who has summons issued him
| in violation of law. He Is not TO be de-
DriVed Of his position belonging to him
on account of the dereliction of those
whose duty it was to have given him
the usual summons. The absence OF
that evidence may be supplied by other
evidence of membership. The house
and senate have the same right to con-
slider and determine whether, in the
first instance, such persons appear to
have been elected, as they have of any
and all the persons who appear for the
purpose of comprising their respective
bodies. 30 Maine, 585.
Again, 'hOlders of void summonses
have no right to take part in the organ
iZation of either house, or in any subse-
quent proceedings therein; parties
rightfuily elected are entitled to such
right, unless the house to which they
belong shall determine to the contrary -
Again, in Indiana, the state senate,
in 1871, denied to one Mr.. Burson, hold
ing certificate, regular on its face
right to participate in the organization
of the senate, he being contested.
In New Jersey, five persons were Civ
ell certificates to the 18th congress.
They were compelled TO stand aside
and take no part in the proceedings I'M
til their case was decided.
In the case of Spencer against Sykes
in Alabama, these men appeared be-
fore the senate and demanded seats.
Mr.. Spencer was elected by minOri-
ty of the certified members, but ma
jority of the legally elected members
had chosen him senator, and he was
therefore given his seat. Now if they
had authority and lawful right to per-
! form one act, which a legislature is au-
thoriZed to perform, they certainly had
the same authority to perform another
Our case IS similar, though not so ag-
gravated. We have more and better
show of legal right. Our members
were actually chosen by a majority not
by legal minority.
The people of the state have voted
republican tactics and republican poll
ticians out. There is no doubt which
side the majority is OH.
Bro. McNeal complains because we
do not carry the matter to the supreme
court. If you want that done, why
don't your own house carry Mr.. Duns-
more out; or enjoin HIM from acting?
You have ample opportunity TO carry
it there yourselves. If you want to
carry it to the supreme court, what
means this scheme to pass the populist
appropriation bills and thus avoid the
supreme court? Go to. The charge of
lodging works both ways.
After the corruption and yenality
that has characterized the old Santa Fe
ring and the INSCRIPTIONS manner in
which that corporation has dabbled in
politics all over the state, and the bitter
fight which many of our representa-
tives have had against corrupt and We
nal methods and under ground trickery
it Is not to be wondered if thev doubt
the integrity of the supreme court.
Nevertheless, We agree with MIR. Nc
Neal that it would be better to chance
the supreme court, whether it be trust
worthy or not. After all, the final court,
before whom, the question is to be de-
c1dad IL the MANILA of tho nraat Stnfo OF