The advocate and Topeka tribune., 1893-03-01


conclusive on all of the people of this state until
after it was set aside. Certainly that position
will not be maintained by the chief justice him
self on reflection. The scope of that decision
certainly Is simply to restrain the treasurer of
this state from paying out money until the case
can be tried on its merits in that court; and
while it is pending and until that order is set
aside, there can be no question as to its binding
effect on the treasurer Of this state. But as de-
cision of the question as to which of these two
bodies Is the legal house of representatives,
must most respectfully say that as lawyer do
not regard it as final decision upon that ques-
ton, nor as having the force or effect of the judi
cial determination of that question. The whole
time given by the constitution to the legislature
for the performance of its duty has nearly expired;
that is the time for which the members can re-
ceive pay. We have the spectacle of an execu-
tive, senate and house of representatives,
working in conjunction, passing appropriation
bills, passing the various beneficial legislation
demanded by the people of this state, until
nearly all the duties of those bodies have been
performed. 1t must appear after moments
deliberation impracticable for these two bodies
the Douglass house and the senate-to come
into such relations after this determination as
to perform the functions of legislation during
this session, considering the brief period of time
remaining. 1t seems to me the force and effect
OF this decision must necessarily be that this
state is without Legislature, and that such con-
clusion is reached and such condition brought
about by a collateral decision in this case. Did
the constitution, or the forms of the constitu-
tion. or the people of this state on adopting it,
contemplate that after legislature had been in
session nearly its entire term; after the gov
ernOr of this state and all the executive
departments; after even the official state paper
not allied in political sentiment with either
the executive or senate or the house had pub
lished the laws and enactments OF these bodies:
that after all these things have occurred that the
court may in this manner Overturn all that has
been done.
But before the Douglass house can restrain
any citizen of his liberty 1t must be the house of
representatives; 1t must be in the discharge of
the functions of house of representatives.
This warrant was issued ON the 18th day of Feb
ruary; it was issued after laws had been enacted,
or attempted at least to be enacted, by the
house and senate and had been approved by the
governor and published in the official state
paper; had been fled in the office of secretary of
state; had received all those sanctions which
the constitution required in order to make them
effective as rules Of action in this state. This
house presided over by Douglass undertakes to
exercise the power of house of representatives
and to restrain a citizen of his liberty. The
question here presented is not whether the
DunsmOre house is the lawful house. but it is
as to whether the Douglass house is in fact a
house of representatives performing the duties
Of such house.
How can it be said that body of men whom
the executive of this state refuses to recognize
as representatives, whom the senate of this state
refuses to recognize, whom the executive de-
partments Of state refuses to recognize? How
can it be said that any officer who undertakes to
discharge the duties of an office, who is not re-
garded as such officer by any department of the
government with which he must do business,
can carry out any duties, can be an officer in
fact3 He can effectively perform no act as such
officer. How can it be said that he is such officer
In fact?
Something has been said in reference to the
right OF house of representatives to do certain
things prior to recognition or any intercourse
with other departments of Legislature. 1t may
be that such things may be done by the house;
yet we don't have fully organized legislature
within the meaning of the constitution of this
state until We have both bodies acting in accord
ance with each other and with the executive.
1t is true they appeared ready to exercise the
duties of house, but they lacked the concurrent
action Of the senate and governor to give to
them the form Of a branch of the legislature of
the state of Kansas. When there are two houses
w rhich nrn antinr tns.nthar na tho IncinlnAr-a "a