The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-03-10

Laughter IN the court room and the JUDGES
smiled
Mr.. Garver-"Did you call the ten names
dropped at any timer
Rich-"No, did not: the other ten names
were placed on the roll and have been called
every day"
Mr.. ROssington here handed over a printed
Journal OF the first days proceedings of the
populist house, and Mr. Carver asked IL that
was all right Rich replied that he thought 30.
1t looked all right.
Judge w. c. Webb made an examination OF
the printed journal and asked about the names
OF seventeen republicans which appeared on
the journal as present, and Mr.. Carver took up
the question, to which Rich replied that he was
instructed by Speaker DunsmOre TO mark
down as present and not voting republicans
known by him as being present under the
Speaker Reed ruling of counting quorum
This led to several questions as to whether
that manner of counting q quorum had been
followed out every day since the first day.
Rich replied that il had been done every day
since.
Mr. Carver asked: "Was that done today
Rich said: YES caught a few republican,
in the hall and marked them present"
My dear governor, / listened with
careful attention to the presentation OF
your side of this house controversy be-
fore the supreme court Your conf
and political advisers, there offered the
populistic arguments and excuses for
the conduct of your party during the
past seven weeks. How weak and puer-
lie and unjust the pleas were in behalf
of your usurpation. How defilutly
your attorneys tried to bluff justice
with their cunning play of the four
knaves, de faeto, de jurie, non-jurisdic-
ton and recognition. l waited with
patience for the first argument based
on right, honor and justice. 1t did not
come Not one sentence was framed
by your attorneys in this case demand.
ing a recognition of the rights of the
majority. All speeches for your cause
discussed the lack of jurisdiction of the
supreme court to decide the questions
involved. Presidents were tortured
and hairs split to show that the
recognition of the Dunsmore house of
So by yourself and the senate made il
legal house. Your attorneys made no
attempt to cover up or refute the fact
that the Douglass house had 81 certif-
Gated members and the DunSmore house
only IS on the day of organization.
The rights of the citizens of Kansas
represented by the majority of that
house were totally ignored "We have
the senate and the governor and with
out them you cannot do legislative bus
mess, therefore the DunsmOre house is
legal" was the sum and substance of
the argument presented by the ablest
attorneys of your party. Judge DOster,
who has constituted a large part of
your kitchen cabinet daring the prog
ress of the revolution, said in his argu
ment: ''If any aggregation or body of
men organize themselves into house
of representatives and secure the
recognition of the senate and the
governor they are the house of
representatives. though none OF
them were elected or were even vot-
ed for at the election. TIE courts must
accept their acts as legal and are pow
erless to inquire into their organiza-
ton" Doster and Clemens and Allen
and Hagan offered the whole range of
legal technicalities to sustain lawless-
ness and force. On the other hand,
Messrs Carver, Overmyer, Long and
Rossington presented the case of the
legal majority with rare ability. Their
arguments were the constitutional
rights of the people and against the
lawlessness of force. They pleaded for
the preservation of legal forms and
precedents to protect society against
anarchy. Their arguments were patri-
otto appeals for the principles upon
which the republic depends for perPetu-
ity 1t was the great legal contest be-
tween the anarchy and lawlcssness
that underlies the popuist party and
the legal rights of those opposing that
party.
The sun rose bright and beautiful on
Saturday morning, February -. The
decision of the supre ne j1dges was to
be announced at 0 h m. Long before
the hour arrived the court room was
crowded to its utmost capacity. The
Judges took their SEATS and Chief JUS
tice Horton delivered one Of the great
est, most comprehensive and SQUAD le-
gal opinions upon the great issues in
VOWED that was ever handed down by
the supreme bench OF this OF any other
state. Associate Justice Johnston
Joined in the opinion, while Associate
Justice Alien delivered a dissenting
opinion, accepting the pOpulistic
theories of DoSter, Clemens and Webb.
The anxiety of the people concerning
the decision was very great. Many dis
patches were received asking for the
opinion, aud fervent THANK God, the
law governs in Kansas" went up from
honest, earnest, patriotic citizens in
every county. And now, nv dear gov
ernor, what OF the future? If yOu and
your party propose resistance to the
highest legal tribunal o. the state
there is more serious trOublc in
store for all concerded- l do not
believe this reckless reasonable crime
will, under the circumstances, be pur-
sued by You or your party II the
Douglass house is recognized by you,
by the Duusmore house and the senate,
You will even at this late hoIr be en-
titled to the thanks of a people who
have felt the outrage and injustice of
the disgraceful proceedings ot the past
seven weeks. Obedience TO the man
dates of the court by the DunsmOre
house VIII be me- by the majority in a
manly and chivdlric spirit in the adjust
mcnt of the committees and minor Off
ces for legislative WORK.
la closing this talk over the eventual
week, hope, governor. that we may De
able to record in our next letter 20 you
that the revolution has been laid away
in the Historical sociegv's rooms as a
relic, and that we may a.. join hands
for the fltu'' ,-'owtl All glory Of
Kansas Our poLt.ciai differences we
will cheerfully refer in 1894 to that