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

refuses to recognize, whom the executive de-
partments or state refuses to recognized How
can II be said that any officer who undertakes To
discharge the duues OF an office, who is not ne
garded as such officer b. any department OF the
government with which lie must do business,
can carry out any duties, can be an officer in
fact' He can effectively perform no act as such
officer. How can II be sad that he is such officer
in fact?
Something has been said in reference to the
right OF house of representatives to do certain
things prior to recognition or any intercourse
with other departments Of Legislature II may
be that such things may be done by the house:
yet we don't have folly organized Legislature
within the meaning Of the constitution Of this
state until We have both bodies acting in accord
ance with each other and with the executive.
II is true they appeared ready to exercise the
duties Of house, but they lacked the Concurrent
action OF The senate and governor to give TO
them the form of a branch OF the legislature OF
the state of Kansas. When there are two houses
which are acting together as the legislature Of
the state OF Kausas it seems 10 me absurd 10
say there can be another legislature in fact.
When a constitutional quorum and may say
here fail TO find in the record Of tie Douglas,
house-and that is the only house we have 10
deal with here fail to find in the Douglass
mouse prior to the time Chambers and Meagher
TOOK their seats Il constitutional quorum OF
eligible members. There are at least two of the
siNty-iour men who chin the tight TO organize
this house who are clearly disqualified; who it is
admitted here were postmasters up TO the 3lst
day OF December last. That leaves the house
without a constitutional quorum, if there be any
force in that position. Yet don't take the posi-
lion that constitutional quorum must neces-
sarily have voted in favor of the officers who
were elected by the house to organize it.
Whatever may be said with reference TO organ
ization of the Dunsmore house, am clearly of
The opinion that il cannot be held that the
Douglass house was, at the time this writ was
issued in fact in the discharge of the duties OF
house of representatives, and that it cannot be
said that Nlr. Douglass was in fact In the posses
sion OF the Office Of speaker Of the house.
The consequences which must necessarily flow
from the decision rendered by the majority OF
this court are serious in the extreme. The ap-
preparation bills for the maintenance of state
government, the asylum, the penitentiary the
other Institutions for the unfortunate, must all
fail for the time being. The effect of this de-
cision is not TO bring order ont of confusion,
but anarchy. The opinion of majority Of this
court, if carried out aud accepted by the other
departments of the government, must topple
down and destroy all that the whole legislative
department has builde1 up during this session of
the legislature. Can il be possible that the legis
lature intended that majority Of this court
might at any time, either during the session Of
the legislature or after its adjournment, in
mere suit between private individuals oyerturn
all the other coordinate departments of state,
as II seems to me inevitably results from the de-
| cieion in this case? think this court neither
has nor ought TO have any such power.
For the reasons stated and for others which,
have not now time to mention, am forced,
though with great reluctance, to dissent and
radically dissent from the views entertained by
the majority of this court.