The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-02-26
KANSAS MIDDLE SETTLED.
The Supreme Court Recognizes
the Republican House.
A DISSENTING OPINION.
Justice Allen Holds That the Court Has
No Jurisdiction.
The Decision lyn Rot AFFECT the Election
OF Judge Martin as Senator An
Extra Session of the LegisIa-
ture Necessary.

TOPEKA, Kans., Feb. 25.-In the su-
preme court this morning Chief Justice
Horton rendered decision, Justice John
! son concurring, and Justice Allen, Pop
ulist, dissenting, which sustained
Douglass, or the Republican house,
as the legal or constitutional house
of representatives OF the Kansas
legislature, and incidentally de-
clared the Populists had no standing.
The decision is on what is known as the
Gum habeas corpus case. The Republic
can house caused James G. Gum to be
subpGnaed to testify in a contested cleo
ton case. Gum ignored the summons,
claiming tie Republican house was not
the constitutionally organized house of
representatives. The Republican house
ordered its sergeant-at-ar arms to arrest
Gum and take him before the bar OF the
house and receive punishment for con-
tempt. Gum at once instituted habeas
fcorpus proceedings in the supreme court.
In the decision today the court denied
the application for the writ, deciding that
the Republican house was legally and
constitUtionally organized and II had the
right and power to enforce It's mandates.
Chief Justice Horton in delivering the
opinion, started IN by reviewing we'll
known facts In connection with the or
ganization of the rival house, and then
went on to review The manner IN which
legislative bodies were organized, and
cited McCrearv on elections to show that
the proper persons to organize a house
We're those holding certificates of election.
The supreme court OF Nebraska no longer
ago than the 18th OF January OF this year
has taken that view of the question.
In support OF this theory he declared that
the scenes lately witnessed in the Kansas
capital fully justified such a rule. 1t was
urged, Justice Horton declared, that the
court could not interfere in a controversy
between rival bodies, but the Supreme
Court could not pass by the question be
cause II was unpleasant, and had no more
right to decline to exercise the right of
Jurisdiction than to assume that jurisdic-
ton was not given to it. In the course OF
his opinion the Chief Justice inclden SaIly
endorsed the action of Judge HaZen, of
the district court, IN making a permanent
injunction against State Treasurer Biddle,
restraining him from payments out OF the
state treasury upon authority Of an APP
preparation bill passed by the populist
house. In conclusion the court pro-
-nounced formal decision on the habeas
!; corpus case, and announced that Justice
Johnston concurred fully in the conrt's
opinion.
Justice Allen delivered a dissenting
opinion holding that the supreme court
had no jurisdiction in the case, and as
the Populist house had been recognized
by the governor and senate, it was the de
facto organization and its acts good in
law.
The decision of the court puts an end to
q condition of affairs more unique and eX-
citing than anything which has thrilled
Kansas since the border wars. The rival
houses Will now probably unite in one
body and transact much needed business.
The present session of the legislature ex
pires by Limitation by March 3, and it
will be necessary to hold an extra session
II order to transact necessary business.
1t seems to be the general opinion that
the Populists will respect the decision OF
the court, and the Populist mem bers will
probably meet the Republican house on
Monday. The leaders all declare the
COURTS decision wrong, and they will APP
peal from it to the people at the next cleo
ton.
The effect Of this opinion upon the cleo
ton of Judge John Martin as senator
seems to be an uncertain quantity. Re-
pubIicans and stalwert Democrats, how
ever, have decided to make no election,
and there being no nOn-cOntestant for the
seat and Martini credentials being reg
ular upon their face it might be accepted
by the Senate. 1t may be that a joint
session of the house and senate viii be
held later to choose a senator. and in that
event the Democrats would doubtless Join
the Populists.