The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-01-27
THE REPUBLICAN SIDE.
Spirited Reply to GOV. 1eueiIing's state
ment by Speaker Douglass aad Speaker
FRO Tenn. ,fOeh

4 Lneht by speaker Douglass and speaker
FRO Tenn dOch.
The following address, in reply to
Gov. dwellings, statement, has been
issued by Speaker Douglass and Speak
| er pro tenn. Hoch-
| To that portion Of the governors statement
| which IL manifestiy intended to infiame the
feelings of his partisans and which is purely pc
| litfcal we make no reply except to say that the
statement that the indignatiO meetings which
| have been held in various portions Of the state
were tnstigated by representatives of cOrpor-
ate power and addressed by corporation at
torneys Is a hagrant perversion OF the facts and
an insult TO the thousands of people who have
participated in these meetings AMI to countless
private citizens who have addressed them
But the statement Of alleged facts demon
strates conclusIvely that the governor has been
grossly misinformed as to certain things
There are rs members Of the house OF repre-
sentatives, sixty three being necessary to make
a quorum. The state eanvassIng board can
vassed the returns and issued certificates in
the usual manner 20 rs members Concerning
only two Of these Was there any serious con
troverSv. In on. case the regular returns from
the county clerk contained an error which
necessitsted the issuing OF a certificate TO . re-
publican, although in fact democrat had re-
ceived majority OF the votes cast: but the
pOpulist attorney general advised the board
that its sole duty was 70 issue the certificate
based upon the face OF the returns The
republican. however, promptly announced
his determination not 70 take sd-
vantage OF this error and declined in
advance TO accept the seat and took no
part IN the organization of the house. Imms-
distely after IT'S organization the democrat. Mr..
Rosenthzl was admitted 20 his seat by a uuan-
iuous vote The other case giving rise 70 con-
troversy was the CoIeY county ease. which tbs
populist- carried in 10 the supreme cours where
il was thoroughly discussed and where il vtJ
decided that the republican holding TIE GER
tincate was in fact honestly elected Oy ons
majority. The other contested eases were
mere ordinary contests, Of which there we're 4
number en- each side, and concerning which
there was re s-mbl,nce OF excuse for any revo-
'uiiolaVy or ether extraordinary proceeding.
They are 20 b. decided in the house in the usual
way, - expressly provided By the constitution.
10 has been the universal custom in this state
and ia the accepted rule in parliamentary
bodies that members whose election
has been sscertai1cd in the usual way sud who
have received from the constituted authorities
the proper certificates Of election are p,ima
facie entitled 10 seats in the body at its organ
ization- II any other rule we're adopted no
legislative body could ever be fairly organized.
for minority could always give notice OF a
sufficient number OF contests to destroy the
right OF the majority TO organize. and by plao-
ing the minority in control. IL could maintain
such sOntrsl without limit Every recognized
authority upon this question is conclusive.
The American and English Encyclopedia OF
Law summaries the universal rule - follows:
1T is well settled that when il was made the
duty OF certain officers % canvass the vote and
issue q certificate OF election in favor OF the
sUcces-fIl candidate. q certificate OF such OIL
GERS. regular upoa iss face II sufficient to enti-
tie the person holding IL 10 the possession q
the once during a action TO contest the right"
pired on the day Of the meeting OF the Ierisla-
ture + wholly srronsOUs The law provides
that the secretary Of state shall lay before the
house the Official roll OF msmoers-elect One
OF the populi.t mem bers insisted thst IN addi-
ton 10 his performing This duty the secretary
should also act ~ presiding o7csr pending the
organization Of the house To this. objection
was made on the republican side. but Hr Doug
lass explicitly demanded that she secretary lay
before the body the orhcial roll asd requested
him TO read l., ~ has been the custom. so that
mem bcr.-sleet could know Who we're enti;le
u participate in The organization Instead OF
90 doing, tAs secretary hastily left the hall
carrying the roll away With him. and almost
Immediately Mr.. Senple. = populist mem
Der. appeared upon ;he speakers stand,
r.vel IN hand apparently attempting to exer-
else temporarily the functions OF chairman
Mr. Douglass thsrsupoR moved that J. 4 Cub
bison be MAZE temporary chairman and put the
mothOn himself kSCorGIE4 ~ bne CusLOm hnl-
formly followed, and As laid down in Riddles
treatise On legislative practice. The motion
WAS duly carried, the populists n well re-
publicans participating in his election. Mr..
Cubbiscn thersupor took the chair while Mr.
Semple vas waving his gavel and gestieulsting
but saying nothing. Thereupon a temporary
secretary was elected and the chairman direct
ed him 10 call the roll Of the members; but the
roll which the secretary OF state should have
left with the house having disappeared. the
temporary secretary called the names from |
q certified copy OF the roll which had |
been previously obtained from the secretary OF |
state and certified BY him As the names were |
called the members 10 the number Of sixty four |
arose in their seats and were duly sworn As q /
matter OF fact she erIire sixty-four republican |
members IS also the three democrats and the |
popultsts. had taken and subscribed the Official 1
oath so that the fOrmaIity OF taking IL again. |
while strictly followed in the coustitutionslly- |
ORGANIZED house, Vas really rot necessary. /
After this ceremony Mr. Hoch nominated Mr.. |
Douglass for permanent speaker, the motion
was put and carried by the vote OF sixty four
members. and Mr.. Douglass was dulv declared
elected and took the chair. The three dsmo-
cratic members have since voluntarily ratified
aud confirmed the action q the sixty-four by
openly and continuously sdhering 10 the house
thus organized.
The governors statement that ''Cubcison
went forward and nominated Douglass a. tenn
porary chairman OF the republican sid. OF the
house is wholly untrue. No such thing Oc-
CURED The further statement that the popu-
list members found themselves absolutely ig-
uored Is equally erroneous They voted upon
IN, motion 10 make Cubbisou temporary chair
man and one OF them, Mr.. Wilmington. adj
dressed and was recognized by Chairman Cub
oison bat was prevented from continuing his
remarks By the violent threats OF populist poll
t;cians. not members Of ;he house. who Were
upon the fOor. Other permanent Officers were
July ana regularly elected After the majority
organization had bsen effected and was doing
business hfty-eiyht members congresated in
Due quarter OF the hall and undertook to organ
re another house Representatives Fifty-eight
being five less than . quorum Mr.. Ben Rich IN
der the instructions OF steering committee"
as he has himself stated 10 the undersigned. !
scratched cut ten names on the secretary OF
states roll and Inserted she names OK ten other
persons. some Of whom had been defeated By
more than I.oO majority. Upon this forged
roll this minority. With the ten outsiders, pro-
odd 70 orvznizs what the governor calls a
house of representatives" From that hour
10 the present this sO-called house OF represent
atives has had and has to-day but nfty
lawfully elected members, while the constitu-
.ioual bOdV now has daily responding 70 It's roll
AL and participating IN its business sixty seven
OF whom stxty-siI hold regular certn-
.ates OF election and one. Mr.. ROsenthsL was
regularly seated by unanimous consent after
the permanent organization
II. 4tter = majority OF the nlcIlDcES o. u mouse
have regularly organized and procesded 70 bus
ness minority OF htLy-sight members, By
irst muttl2Iinz official roll ssnd calling n
ten contestants for seats. can organize a house
Of REPRESENTATIVES .hen one member can do 50
with the aid Of siIty-two contestants, and there
s az end 70 even the scmblsnce OF constitution
Il government II the recognition OF the gov
srnor and the senate can make such . body a
bart OF the Legislature there Is little necessity
i elec;inz a house OF representatives BY the
people fo- it's political complexion will alvaES
oe a. the mercy OF partisan governor and 4