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

before the courts, passed resolution
ordering the arrest of Ben C. Rich, who
as acting clerk of the rump house was
disturbing the order and peace of the
legal house. The attempt to arrest Mr.
Rich was the beginning of the war
Upon the adjournment of the legal
house Mr.. Dunsmore's house took pos
session and locked the doors of the
legislative hall. You will please follow
me closely, governor, as your memory
does not seem to be of stalwart char
actar. On the afternoon of Tuesday,
after the attempt to arrest Ben Rich.
large number of deputy sergeants-at-
arms were sworn in by both houses
Before IL o'clock on Wednesday, the
18th, you issued your proclamation,
dated the 18th, calling out the militia
in the following words:
And whereas, The public peace should be pre-
served, and the rights of the house of repre-
sentatives should be respected. TO the end that
the people of the state may be protected in all
their rights;
Now, therefore, deeming the present condi-
tion OF public affairs as presenting an extraor-
binary occasion. and as warranting the exercise
OF the power vested in me BIZ the constitution
Of the state to see that the laws are faithfully
executed: that the public peace may be pre-
served and that all persons who unlawfully OBJ
struct the house Of representatives or any mem
Der or officer thereof in the proper discharge of
their duties, may be removed, and that all I'M
lawful organizations may be suppressed, and
violence and bloodshed NAV be averted.
l. l. D. Lewelling. governor Of the state Of
Kansas, in virtue Of the power vested in ne as
commander-iu-chief,w with the power to cali ont
the militia to execute the laws and suppress in
surrection. do hereby call forth IN. militia OF
the state in order 10 suppress said unla wful as
semblage, and 10 restore peace ana protection,
and TO cause the laws TO be duly executed
Adj.-Gen Artz Is hereby charged with the
duty Of issuing the necessary orders To carry
into effect the purposes hereinbefore declared
This was published officially in the
Capital on the 10th. During the after
noon of the 14th, before the proclama-
ton had been issued, you had the fol-
lowing correspondence with Sheriff
Wilkerson:
TOPEKA Kan Feb H.
To John NJ. WiIkerson, Sheriff of Shawnee
County:
Dear Sir: Whereas. a body OF armed and
lawless men have this day att mDted to arrest
the chief clerk Of the house of representatives,,
Hon Ben c. Rich, and whereas, there are ru-
lawless body OF men now contemplate a second
attempt 10 arrest said Rich and otherwise TO
become menace to the peace and order Of the
state: now, therefore hereby demand Of You
that you proceed at once to provide such pea
officers as may be necessary for the preserVa-
tion Of the peace and safety of the state. aad
that such officers be at once stationed upon the
capitol grounds and in the corridors OF the cap
itol building, as may DE necessary 70 prevent
the entering Of armed or Gisorierly men, and
that YOU use every lawful means il your power
10 preserve the peace, prevent riot and disor-
derby conduct TO the end that the house Of rep
resentatives may proceed undisuurbed N the
legitimate performance Of its duty.
Please advise me at once If these demands
will he compiled with.
L d. LEwELLING. Governor Of Kansas
In answer to this letter the sheriff
verbally informed the governor the
same day that he could take no action
as the peace officer of this county that
would be a recognition of the Dunsmore
house. 1t was this refusal Of the sheriff
to become a partisan in the dispute be-
tween the two houses that the governor
claimed was a refusal on the sheriifs
part to do his duty in maintaining the
peace. Upon this trick in the cons true
ton of the sheriff answer the governor
issued his proclamation for the assem-
bling of the militia. At no time did
Sheriff Willlerson say he could not
maintain peace. As soon as the sheriff
learned that you had issued the procla-
nation calling out the militia, he sent
you the following letter:
TOPEKA, Kan, Feb. Is, 1895
To his EXcellency, L. d. LeweIliag, Governor
Of the State Of Kansas:
Sir; I, as sheriff of Shawnee county. an
charged with the duty of preserving the peace
within the territorial limits of this county
am advised that you have called upon the
military power OF the state to preserve the
peace in this county wish 10 inform YOU that
this action on your part is without nv consent
or concurrence and is wholly unnecessary, as
have at no time minated to you that am IN
able TO preserve the peace within his county.
row wish to inform you that am fully able
and prepared to enforce the laws and preserve
peace and order, and it is my intention so TO
do. Very respectfully yours
J. NJ WILSERsOE,
Sheriff Of Shawnee County. Kan.
Mr.. Dunsmore made the same demand
upon the sheriff, so worded as 10 require
a recognition of the rump as the legal
house, as the following shows:
TOPEKA, Kan, Feb. Is. 1896;
!. NJ Wilkerson, Sheriff Of Shawnee C1ults:
Dear Sir: I hereby call on YOU as sAe-.L of
Shawnee county for sufficient force TO pres rye
the peace and authority OF the house Of repre-
sentatives. an very truly yours.
J NJ DUNsNoRE
Speaker OF the House OF Representatives.
To which Mr. Wilkerson replied:
TOPEKA, Kan, Feb L. 159S
Hon J. ". DulsmoVe:
as sheriff for sufficient force 20 preserve the
peace and authority Of the house over which
you preside received and ii reply viii say If
there is a house Of Representative legally or
ganized it Is clothed with the power 10 appoint
a sergeant-at-arms who has al the power neces-
sary 10 call to his assistance apy number 81 Z
citizens necessary TO enforce the authorize
with which he is invested BY the house, Not
wishing to decide which house Is the legally
body, shall take no part rs long as |
the peace and quiet OF the ciiiZ-as remlin IN
disturbed. Yours truly, J. NJ WILKINSON.
This was the situation on the morn !
ing of Wednesday, the 18th. You had I
called out the militia, both houses had 1
sworn in large number Of extra depa- f.!
ty sergeants-at-arms The Dunsmore' I
house officers had possession of Repre- I
sentative hall. locked and guarded /
The members of the legal house were /
refused admission They then proceeded |
in body, headed by Speaker Douglass /
and Speaker Pro TEN. Hoch, to the hall /
at a N and were confronted by popu-
list guards armed with revolvers and 1
The members passed the /
guards, who failed to shoot. broke /
down the locked doors and took posses
sion of the hall they were legally en-
titled to- From Wednesday morning
until Friday morning the legal house
held Representative hall while you col
lected the militia. Committees and /