Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-26
THE KANSAS CASE.
The Supreme Court by a Vote
Of Two Judges to One
is FOR THE DOUGLASS HOUSE,
Justice Alton, Popusl, Dssenls and Says the
Populisi House Is tho dc Facio House
oil Kansas Result Of The De-
eisiOn PrOOnosIIoe.ed.

Topcka. Kns., Feb. 25.-Chicf Justice
Horton has announced his decision m
the Gum hnbpas corpus case, denying
the application.
Chief Justice Horton IN his opinion
went into "A rvyicw of the manner M when
legislative bodies are organized ana
cited McCnry on elections to rhOY that
the proper persons ia organize u house
weru those holding certificates and IN
support of McCay, read passages tro'n
CushinEs manual. The supreme court
of Nebraska mo longer ugo than Jan. 10
of this year had taken that view ni the
question. IL was claimed hp DouRlnss
house was destroyed when the senate
and governor recognized the Dunsmorc
house. III Tint was law the governor ana
senate two years ago might have de-
stroyed the Populist house ANA recog-
nized the Republican house aud two years
hence. and SO on Throughout future his
tory other legislative bodies might be
overturned tu accomplish partisan ends
lf the Douglass house had voluntarily
dissolved when che governor and spnutr
recognized the lOpuljst body the quvs
tiuu Of dciacto government would nave
boon % strong factor u the case, but IL
did not dissolve and was still ia eNis-
tcucc lin Che course OF the opinion the
chief Justice incidentally endorsed the
action Uf Judge li02en Of the district
court In making permanent tire injunction
against State Treasurer Bddle, re-
stwimug him from payments out Of the
stUtc treasury upon authority Ot uppro-
priatiou bills passed by the Populist
house Justice Johnston cpncurred fully
Ina the opinion of the chief Justice
Justice Allen topulleu delivered "a
dissenting opinion holding the supreme
court had % Jurisdiction OF the cusr, and
that as the Populist house hnd been
recognized by the governor and senate 70
was the dc fuctO organization and lts
nets werr good in law.
The decision of the court puts an end
90 q condition of affairs more unique aud
exciting than anything which has thrilled
Kansas since the border wars.
The rival houses win now probably
unto In one body aud transact much
needed business. The acts of the popU-
list house having been declared Illegal
an appropriation bills will have to be
passed ovW pgNin The present scs-
Sion of the legislature expires 10y limita-
ton March Bird. and IL Will be necessary
10 hold an extra session .n order to
transact the necessary business The
constitution provides that members may
draw their per diem for only thirty DAYS
OF the extra session ma au EFFORT viii
he made TO close UP the business within
that time, seems 10 he the gcneHl de-
ciaun OF The PopuistS 10 respect the
decision of the court AMI the pOpul,st
members VIII meet With The Republican
house Monday. The leaders an declare
the courts decision Is wrong apd thcy
will appeal from IL TO the people az tho
next election
The e0cu Of the opinion upon the cleo
ton of Judge John Martin as senator
scems 90 be an uncertain quantity
ludge Martin was elected ly Joint con-
Neuton of the l'OpuliRt house aud sem