The herald., 1893-02-26
POLITICAL SITUATION IN KANSAS
The Supreme Court Steps Into
the Ring,
Declaring the Republican House the
Legal One.
A Dissenting Opinion Given by the Pop
u1ist Justice-Probabilities and
Possibilities of the
Future.
Nv the Annotated Press.

His conclusion Is most emphatic and
is to the effect that the Republican
house IL legally constituted house of
representatives, and clothed with all
powers of q legislative body. 1t could
subpoena witnesses to testify before a
committee and punish those guilty of
its orders.
Associate Justice johnson fully con-
Cured, but Associate Justice Allen (Pop-
ulist member) radically dissented, hold
ing that the court had no power to ques-
ton the decision of the senate as to
which was the legally constituted
house; that members Of the senate are
supreme in their sphere as members of
the court. The governor also could not
be questioned by the court on any Of his
official acts. He declared that the ma
jority Of the court overstepped their au-
thority under the constitution.
Tho Republican house will by resolu-
tion this afternoon, declare vacant the
seats to which Populists we're elected,
unless they enter the Republican or
gsnization and recognize their speaker.
The Populist house adjourned last
night till Monday. What they will do
in view Of the decision ia not known,
but it Is believed that some will come
into the Republican house. 1t is said
that poll of the Populist house yester-
day resulted in a majority in favor of ig-
noring the deciHing the decision of the
supreme court. should it be in favor of
the Republican house.
A FULL STATEMENT.
TOPEKA, Kans., Feb. 25.-The supreme
court this morning, Chief Justice Hor-
ton rendering the decision, Justice john
son concurring and Justice Allen (Popu-
list) dissenting, sustained the Douglass
or Republican house as the legal and
constitutional house of representatives
Of the Kansas legislature, and incident
ally declared that the Populists had no
standing.
The decision was of the case known as
the Gum habeas corpus case. The Re-
publican house caused James @. Gum
to be subpenaed to testify in con-
tested election case. Gum ignored the
summons, claiming that the Republican
house was not the constitutioDally Or
ganized house of representatives. The
Republican house ordered its sergeant
st-arms to arreEt Gum and to take him
before the bar of the house to receive
punishment for contempt. Gum at
once instituted habeas corpus proceed
ings in the supreme court. In the de-
cision today the court denied the ap-
plication for writ, deciding that the
Republican house was legally and con-
stitutionally organized, and that it had
the right and power to enforce its man
dates.
Chief Justice Horton, In delivering
the opinion, started in by reviewing the
well-known facts in connection with the
organization of both houses, and then
went into review of the manner in
which legialstive bodies organize, and
cited McCray on Elections to show that
the proper persons to organize the house
were those holding certificates OF elec
tion. The supreme court OF Nebraska,
no longer ago than January 18th OF this
year, had taken that view of the ques-
tjon. In support of this theory he de-
clared that the scenes lately witnessed
In the Kansas capital fully justified
such rule. 1t was urged, Horton de-
clared, that the court could not interfere
in q controversy between the rival
bodies, but the supreme court could not
pass by the question because it was an
unpleasant one. 1t had no more right
to decline to exercise jurispiction than
to assume jurisdiction not given to it.
JUDGE HAzEN ENDORSED.
In the course of his opinion Chief
Justice Horton incidentally endorsed
the action Of Judge Hazen of tho dis
trict court in making permanent the in
junction against State Treasurer Beddle,
restraining him from making payments
out of the state treasury upon authority
Of appropriation bills passed by the
Populist house.
In conclusion, the court pronounced
formal decision of the habeas corpus
case, and announced that Justice johns
ton concurred fully in the courts
hpinion.
Justice Allen (Populist) delivered a
dissenting opinion, holding that the su-
preme court had no Jurisdiction in the
0ase and that the Populist house had
been recognized by the governor and
senate, its de facto organization and it's
acts as good in law.
The decision of the court puts an end
W y Coadfoion VI hAdiIc kuOio u0
and exciting than anything which has
thrilled Kansas since the border wars.
riva. houses will probably unite in one
body and transact much needed busi-
ness. The present session of the legis-
lsture expires by limitation March Sd,
and it will be necessary to bold an extra
session in order to transact necessary
business. 1t seems to be the general
decision of Populists to respect the de-
eision of the court, and the Populist
members will probably meet with the
Republican house on Monday. The
leaders all declare the courts decision
wrong, and the will appeal from it tc
the people at the next election.
The effect of the opinion upon the
election Of Judge John Martin as sena-
bor seems to be uncertain. The Repub
leans and stalwart Democrats, however
necided to make no election, and being
non-contestant for the seat, and Mar
tins credentials being regular upon
their face, it might be accepted by tn.
senate. Their may be joint session o
the house and senate held later to choos,
senator, and in that event the Demo
srste would doubtless join the Populists
YIELDING TO THE INEVITABLE.
TOPEKA, Kan, Feb. 25.-The member
Of the Populists house went into caucu
this evening to consider what action t.
take in view of the supreme court de
cision upholding the legality Of the OF
uauiEati0n of the Renublicau hOuee