Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-09-20


under it. and had the latter failed to
exempt the members and employees of
the house, the practical construction of
the order would have appeared, and the
question of its legality would have been
raised; but Colonel did not deign to
even begin the execution of the order.
He did not even go to the hall to see
for himself who were the occupants.
Legality of official acts is to be pre-
sumed until disproved. and hence, if it
would have been unlawful to eject the
house of representatives under the
then existing circumstances, we must
presume that such was not the meaning
of the order.
But we are convinced that, even as
interpreted by the accused, the order
he disObeyed was lawful.
"First-An insurrectionary body may
be dispersed by the governor though it
consist of the house of representatives.
Were the house to surround the Shaw
nee county Jail, batter down it's doors
and attempt to lynch prisoner, must
it be allowed to proceed because the
house of representatives is too majestic
body to be a mob?
I'VE think it is lndsputable that. at
at least when the Legislature is not in
session, the house, if it becomes there
a riotuS or an insurrectiOnary body,
may be dislo0ged from representative
hall.
"SecOnd-Suppose, by express invi-
tation and instigation of the house
when IN actual session, a number of
men should stand at the windows of
representative hall and amuse them
selves by firing into the electric cars
passing on Eight street and on Tenth
street; or should stand a. the head of
the eastern stairway and rain bullets
down into the corridor in front of the
state treasury; the house itself refusing
to take any steps to restrain the muc-
derOus conduct, but proceeding with its
business as if nothing unusual were
going on, shall it be said that no out
side authority could enter that hall and
eject the wretches thus menacng the
lives of citizens? On the contrary, by
Its protection and encouragement of
the rioters, the house itself would be-
come part of one rIOtous body, embrac-
iEg every occupant of the hall. and
house and all might be, and ought to
be, elected by the executive, as the
general conSerYator of the public peace
of the state. The law is that if any
person encourages or promotes, or takes
part in riots, whether by words, signs
or gestures, or by wearing the badge or
ensign of the rioters, he is himself to
be considered a rioter; for in this case
all are principals. Clifford VS. Brandon,
Campbell, $40.
"Thirl-February IA the Douglass
| house ordered its sergeant-at-arms to
arrest the chief clerk of the DunsmOre
house. The arrest was made, but on
the public streets of Topeka a struggle
ensued and four men rescued the Duns-
more house chief clerk. That very eV-
enlng the Douglass house recruited a
| force of 632 men, many of them armed,
and placed them in charge Of a person
styled commander who had also his
'adjutant,' and divided them into COM
panies under company commanders
No appeal was made to the sheriff, nor
to the chief of the metropolitan police,
nor to any peace officer to assist the
sergeant alarms in executing the or
der of the house; but this large military
force was Immediately raised and Or
gained under the houses own author
Ity. That this body of men was an ex-
ira legal body admits of serious contro-
very. We live under written consti-
tuition, and from that instrument, ex-
presSly or by necessary implication. or
from statutes enacted under it's author
ity must every department of the state
statute. no express provision OF the
constitution, gives the house authority
to raise or WELD body of men for any
purpose. No such power can be i'm
piled, for it has been vested by the con-
stitutiOn itself in the governor as 'su-
preme executive and commander in
chief of the militia. But if it could be
implied the implication must rest upon
either the established usage of leglsla-
tive assemblies or upon the necessity
of such power to enable the power 10
discharge its constitutional functions.
| The suppoSitiOn that the raising OF
such a force is acGQrdipg 10 parliament
tary usage is negatived by the authori
ties, and the doctrine that such power
is to be implied from necessity is dis
tinctly denied by the decision of Eng
Iish privy council, approved by the su.
preme court Of the United States. This
body of men was. then. an extra legal
body, and was, therefore, the moment
it rendezcOused, an unlawful and iio'
tous assembly and this riotOus assem-
bly, having been raised by the house
became part of an entire riotOus assem-
bly, which embraaaa the armed bodl
thus raised; so that every Riempet OF
the house was guilty OF riot and subject
to punishment as a rioter. This was
the legal state of things on the evening
of February IA.
"4unoFe that this riotps body meant
to invade representative hail made il
the duty of the executive council 10 en-
ploy force of guards To protect the
. states property. The Douglass house
resisted and forcibly overcame the
guards thus appointed. and beat down
the doors OF thy ha!l Oh the lE1nrning OF
February 10. Having entered the hall,