The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-26

of the Kansas legislature and incidentally
declared that the Populists had no stand
ing. The decision was in the case known
as the Gum habeas corpus case. The Re-
publican house caused James C. Gum
to be subp9naed to testify in a con-
tested election case. Gum ignored
the summons. claiming that the Re-
publican house was not the consti-
tutionally organized house of repre-
sentatives. The Republican house or
dered its sergeant-at-arms to arrest Gum
and take him before the bar of the house
to receive punishment for contempt Gum
at once instituted habeas corpus proceed
ings in the supreme court. In its decision
today the court denied the application for q
writ. deciding that the Republican house
was legally and constitutionallyo organized
and that it had the right and power to en-
force its mandates.
Chief Justice Horton, in delivering his
opinion, started in by reviewing the WE'LL
known facts in connection with the or
ganization of the rival houses. and then
went on TO review the mannet In which
the legislative bodies were organized
and cited "McGreary on Elections"
to show that the proper persons to or
ganize the house were those holding certifi-
Gates of election. The supreme court of
Nebraska no longer ago than January II,
of this year. had taken that view of the
question. In support OF this theory he
declared that the scenes lately witnessed
in the Kansas capitol fully justified such
rule. 1t is urged, Horton declared, the
court could not interfere in the controversy
between rival bodies. but the supreme
court could not pass by the question be-
cause it was unpleasant. It had no more
right to decline to exercise jurisdiction
than to assume jurisdiction that was not
given to it. In the course of his opinion,
the chief justice incidentally Endorsed
the action of Judge HAGEN, of the
district court, in making permanent tho
Injunction against State Treasurer
Biddie, restraining him from payments
out Of the state treasury upon the au-
thority of appropriation bills passed by
the Populist house. In conclusion the
court pronounced formal decision on the
habeas corpus case. and announced that
Justice Johnson concurred fully in the
courts opinion.
Justice Allen delivered dissenting
opinion, holding that the supreme court
had no jurisdiction in the case and as the
Populist house had been recognized bv
the governor and senate it was q de facto
organization and its acts we're good in law.
The decision OF the court puts an end to
condition OF affairs more unique aud 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 BUSH
ness. The present session of the legisla-
ture expires by limitation on March
3. and it will be necessary to hold an ex-
ira session in order to transact the neces-
sary business. There seems to be gen.
erai decision of the Popuiists to respect
the decision OF the court, and the Popul list
members will probably meet the Republic
can house on Monday. The leaders all de-
clare that the courts decision Is wrong.
and that they Will appeal from il to the
people at the next election.
The effect of the opinion upon the cleo
ton of Judge John Martin as senator
seems 10 be an uncertain quantity.
The Republicans and stalwart Democrats.
however, have decided to make no election.
and there being no contestant for the sea,
and Martins credentials being regular
upon their face, it might be accepted by the
senate. There may be n joint session of
the house and senate held later to choose
a senator, and in that event the Democrats
would doubtless Join the Populists.