People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-03-03

In the very beginning Of the proceedings Of any
legislature the governor must Of necessity fin
aud determine what body Of men constitute
the house Of representatives and what body Of
men compose the senate, and in the perform
ance OF that duty the governor of the state Of
Kansas is responsible to the people Of the state
and no one else. The constitution and laws
have vested in him power to investigate and de-
termine what body Of men are and who are not
the house OF representatives II must be con-
ceded that no duty rests on this court on the
converting OF a legislative body TO inquire what
body Is the legislature, and that duty does de-
volye on the governor. We have also another
/ body-the state sanate-also deriving its powers
from the constitution, and the people who have
elected its members. Also on that body rests
duties Just as grave as any duties that may rest
on this court, and the senators are just as su-
preme in the discharge Of those duties. Their
heads rise Just as high and no higher than the
heads OF the members Of this court. That senate
In the discharge Of its duties must communicate
with the heads Of the executive departments Of
this government and where there are two con-
tending bodies claiming each to be the house Of
representatives Of this state, in the very nature
OF things that senate must hear and determine
the question as to which of these bodies is the
house Of representatives.
1t is said by the chief justice that il is most
dangerous TO entrust to the governor and senate
thepower to say what body of men is the house
OF representatives. II the constitution has en-
trusted that power to them, il matters not
whether that power be dangerous or not. The
fundamental law must govern, whether wise or
unwise. But it may well be asked which is the
more dangerous-to repose that power in the
governor AMI senate and to regard their con-
curing de 'isOn as final, or to refer bodies con-
tending for party supremacy 10 this court and
thereby make this court the fOuntain-head of
political power? The American people delight
to look on the judiciary as removed from the
field of political strife and freed from the bases
and prejudices that often determine mems &C
lions in heated contests for supremacy. How
greatly must all the traditional conceptions Of
the people be modified when precedent is once
established which makes the court the final
arbiter in all political contests.
1t may be said that it is not to be presumed
that this court will decide otherwise than ac-
cording to the very ght. i answer, truly so.
But are not judges men? And because they are
judges are they less fallible when called on to
settle partisan disputes than other mFn? Upon
what theory can it be commended that the COVER
nor and senate are actuated by baser motives or
are men of less discernment than the court?
Possibly it may he DEPRESSING somewhat from
a strict consideration of the legal questions in
this case, but hope may be pardoned if | say
that during part Of the time the resolution rec
osnizing the DUnsmore house was being dis
cussed in the senate CHANGED to be present. II
is my good fortune to be acquainted with many
members Of the senate, many of them lawyers
and men ofgreat ability, whose opinions are en-
titled to great respect. II was stated by several
of these learned and distinguished senators who
are republicans in politics that after the governor
had recognized the Dunsmore house as thelegal
house of Representatives that the whole question
was concluded; that that was the ultimate
and final judgment and decision of the powers
which, under the constitution and laws Of this
state, was authorized to hear and finally deter.
mine as TO which Of these two conflicting bodies
was the lawful house of representatives The
opinions Of these senators, it seems to me, are
entitled to great respect. In many states and
under many constitutions the highest branch Of
the Legislature is the court Of last resort. Fol
many years the senate of the state Of New York
was the court of appeals. The house oflords
has for centuries been the highest house in Eng
land for the determination Cf legal controversies
When it is assumed that the senate in this state
is body whose decision aud determination
may be brushed aside as though it were not
when It is assumed that the governor Of this
state-the representative of all the people acting
within the line of his duty, acting as chief of the
executive part OF the governments to be dis
regarded, and his determination is not only moi
conclusive, but is not recognized as of any force
whatever, am forced to enter my dissent from
any such expression OF opinion. In my humble
Judgment much Of the evidence which was intro
duced on the trial OF this case was wholly irrel.
eyant and such as this court could not have
received As to the exact boundaries and def.
mite rules which should have been laid down for
the determination OF these questions | do not
desire TO express any o. inion, but shall reserve
the whole subject for determination when shall
file formal opinion in this case.
1t appears from the journals Of both of these
houses tbat valid controversy existed as to the
rights of certain parties to sit in that body II
is said that these controversies can only be de.
cided by the house after it is organized The
Journal of the house called the Douglass house
shows that the case Of Joseph Rosenthal was de.
termined before any organization of the house
before any election Of the speaker; and it seems
to me that when We adopt the rule that a state
board Of canvassers, that the record it makes in
its office Of votes cast, by the certificates II
ISSUES, may determine absolutely the question
as TO who shall constitute the house OF repre-
sentatives of this state, that we adopted far
more dangerous rule than the rule which is con.
tended for on the other side, viz that the house
Of representatives which shall be recognized by
the executive, which shall be recognized by the
senate Ct the state, shall be the house rather
than that which has been created by the return.
ing board, il may use the expression. In fact
it appears from the journal of this so-called
Douglass house that at least two Of the sixy-four
members were incl gible TO sit in that house as
much so as thong they had been officers of the
regular army of the United States.
Before the constitution as the supreme law
every department of government must bow and
yield itself in unquestione1 and unquestioning
obedience The constitution says that no person
holding any Office under the government Of the
United States shall be eligible to a seat in the
legislature THIS prohibits the making of a
member Of the legislature out of an ineligible
person, and bars the people OF selecting and
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