People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-03-03
THE POPULIST SIDE.
Dissenting Opinion Of Judge Allen,
of the Supreme Court.
I'm Clear aud Concise Manner He Gives
His Reasons For UNFOLDING the Le-
gality of the Populist House
No Jurisdiction.

After Chief Justice Horton delivered
the opinion of the supreme court at To
peka sustaining the legality OF the
organization of the Douglass (repub-
lican) house, Justice Allen delivered a
dissenting opinion. He said;
The questions involved in this case
are perhaps of greater Importance than
those of any other that has ever come
before this court They involve the con-
stitutional powers rights and duties
that are distributed by the fundamental
law among the several departments OF
the government Each of the three
great coordinate departments is SUI
preme within its own sphere and is ac'
countable only to the people"
The justice prefaced his remarks
with the statement that he had not had
time to give the case the attention
which its magnitude demanded, and ne
reserved the right when he prepared
his written opinion to correct any er
rOrs he might now make.
After briefly re-stating the salient
facts in the case the justice said that IN
the collateral proceeding the court was
called upon to decide the question OF
right between these two cOntending
bodies. 1t was conceded in the argu-
ment that the court would not have that
power in an action brought directly by
one of these contending bodies against
the other. The power of this court,
then, is only advisory. 1t has no au.
thority to go into the case and decide it
upon its merits. 1t is necessary that
controversies Of this kind should be set.
tied and that the power to settle them
should somewhere be lodged But has
this court that power? 1t is conceded
in the remarks of the chief justice that
the constitution has not ,reposed that
power in this court Then, ask, can
the court, in collateral action, do that
which it cannot in a direct proceeding?
Manifestly not
The judge here read certain sections
from the cons titution, pertinent to the
case. The governor, under the consti-
tuition, is required to communicate with
the legislature by what is known as a
message. In doing so he must neces-
sarily ascertain what is the house OF
representatives The senate, likewise,
must determine which is the house OF
representatives, in order that it may
communicate with it, and do business
with it. The justice was in the senate
at the time the resolution looking to-
ward the recognition of the Dunsmore
house was under discussion, and repub
lican senators admitted that if that
resolution was passed the whole ques
ton was concluded, and that that
recognition was final judgment and
decision of the power which, by the
constitution and the laws, was author
lied to finally determine the question.
The judicial power of the senate was
illustrated by reference to a former
status of the senate of New York, and
of the English house of lords, as the
highest judicial tribunals in their re
spective sovereigntieS
The justice referred briefly to the
claim made in favor Of the legality OF
the Douglass house and called atten.
ton to the fact that two of the so-called
certifcated members were postmasters
at the time of their election and there
fore ineligible to sit All the pre-
sumptions of law are in favor of the
Dunsmore house, because the law pre-
sumes that men sworn to perform their
duties will execute their trusts with
fidelity.
The scope and effect of Judge Hazen's
opinion is simply to restrain the treas.
urer from paying out any money until
the questions at issue in the district
court are finally settled The time al
lotted by the constitution for the pres
emf session is almost at an end, and the
effect of the decision of the court must
necessarily be to deprive the state of
any legislation from this session. Such
thing was never contemplated by the
trainers of the constitution.
Every act essential to give the Duns-
more house legality and force has been
performed. Even the publisher of the
state paper, whose political sentiments
are opposed to the administration. has
published the laws passed by this legis-
iature. 'ltseems to me that the most
mischievous consequences must ensue
from the position taken by the majority
of this court
For the reasons stated, and for 9th.
ers' with much hesitancy and great re.
luctance, | am forced to dissent and
radically dissent from the views enter.
tanned by the majority of this court"
Eiua Xaarat