The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1893-10-20

the county canvassing boards and the state
board, all showed the populists had elected
| only fifty eight members.
Which, then, wa. the legal body, the Douglass
house or the Dunsmore house! A legally con
stituted legislative body. whether senate or
house, has certain inherent powers and one oil
them Is to arrest persons who are guilty OF con
tempt Of the lawfully exercised right OF the
body, and to punish such persons by imprison
ment
The Douglass house had summoned witness
by the name OF Gum to appear before one OF
its committees to give evidence In matter
then pending Gum refused 10 obey the sub
BONA and was thereupon arrested by the ser
gcant- alarms OF the house and brought from
his home in Parsons to Topeka II the Doug
lass house was lawful bo1y the arrest was
right; IL 1t was an :lit al body the arrest was
wrong. and Gum improperly restrained OF MS
liberty. The statute and constitution OF the
Jurisdiction in writs OF habeaS corpus This
writ Of time honored memory is one Of the
noblest and surest safeguards Of the freedom OF
the citizen Gum applied to the supreme court
for this writ Of habeas corpus and 1t was
granted and he was brought before that body
where the sergeant-at-arms was required to
show by what authority, by what lawful right,
he held Gum in CUSTODY. So far there seems
to be but little dispute between the prevailing
ing opinion OF Justice Allen
That do not mistake the position OF the
two quote respectively from the opinions OF
Chief Justice Horton and Justice Allen. The
prevailing opinion says page 1867:
Therefore we have before US, necessary for
our determination the Question whe iher the
body or house which authorized Clevenger as
had any legal or constitutional authority so to
do"
And on page PIG. speaking Of the power Of the
supreme court in this matter Justice Allen
saws:
THAT the court is authorized to inquire into
the legality Of the arrest and therefore to de.
clare whether or not George L. Douglass is
speaker Of the house Of representatives, there
is no question
court had the power to declare which was the
legal body called the house Of representatives
To my mind, the statement of these two con-
curing propositions leads to the inevitable
conclusion given by the prevailing opinion Of
the supreme court
cannot conceive that the court could have
the power to inquire into and declare whet
or not George l.. Douglass is speaker OF the
house Of personalities and yet not have the
right TO inquire by what authority, by what
vote by what body Of men he was thus c.ect
ed The opinion Of CHIEF Justice Horton places
that side beyond any further debate.
The dissenting opinion Of Justice Allen, to
the effect that while the court has this power
yet ii has it only to the extent OF ascertaining
which of the two bodies the senate and gov.
ernor has recognized as a lawful body, is with
out foundation in either reason. law or prece-
dent In conceding that the supreme court
could inquire which body was the lawfully or
ganiZed BODY, Justice Allen insists that this
inquiry is simply limited to the question:
What has the sen .te and the governor de-
cided on the matter?' Having asserted that
the judiciary is bound by this decision he
points US to no provision Of the constitution
which clothes either of these bodies with any
such extraordinary power. Tais is as much as
to say that the governor and the senate can
make house of Representative 3 irrespective
Of the votes or the action Of the people Such
q proposition. 1t seems to me, needs only its
own statement to prove that 1t Is in utter dis
regard of both reason and OF law, as estab-
lished in this state and every other state in
the union.
And right here hinges the whole debate. for
the opinion Of Justice Allen revised after
months Of consideration undoubtedly states as
cogently as possible that side Of the case and
1t is fortified with every possible argument
known either to himself or to anv OF the coun-
sci heretofore mentioned as guiding the action
of the administration
Abundant presidents are cited in the dis.
senting opinion to the effect that the judiciary
has no power to invade the functions and rights
Of the legislative department. but that the
legislature within the scope Of its constitu
tional duties is supreme
Abundant authority IS found, not only in the
dissenting opin on but through all the books, that
on general principles each house must be the
Judge OF the qualifications OF its membership
but nowhere is it found in decision or dictum
Of any respectable law writer that a body of
men, never elected to the office Of legislators,
can assemble in hostility and contravention to
the rights Of those who were elected and create
a house or a legislative body as against the
authority of the majority OF those who were
clothed with legislative authority b. the Poo
pie at the polls. After house is lawfully
organized then it becomes body supreme
within the scope Of its legislative function: but
until il is 80 lawfully organized it is a mere
aggregation Of individuals without any legisla-
tive authority whatever.
The IN tjoritv OF the supreme court says that
the question whether one or the other OF the
two bodies is the proper house Of representa-
tives is judicial one, under the circumstances
Of the Gum case, and that it is the duty of the
court, when person is deprived of his liberty
by one Of these bodies. to determine which one
is the legal and constitutional body We're it
otherwise, \ body of less than a majority Of the
prive a citizen OF his liberty, subject him to in
dignity, and wasting expense without any re
dress whatever.
The supreme court holds, and beyond all Ques-
ton correctly. that the governor and the execu-
tive department within their sphere Of action,
are supreme: that the legislative department.
within its sphere, Is supreme and that the ju-
dicial department is likewise, within its
sphere. supreme but that the power to decide
whether the legislative department has become
such by dus organization must reside some
where and that place can only be in the ju-
dietary. Were the contention Of the dissenting
opinion true then. at any time, one branch of
the legislative department and the executive
department Of the state could create q senate
or q house at their will Thus the voice OF the
people would be completely trampled nnder
foot by one man in the executive department
and twenty one in the senate chamber. Does
anyone believe that our institutions are laid on
any such feeble and trembling foundation rs
that?
II being perfectly clear to my mind that the
Douglass house was q lawfully constituted
body. and the Dunsmore house was not, then
the action Of Col Hughes in refusing to obey a
command Of the governor TO remove the Doug
lass house from its hall by violence, il neces-
sary, was surely justified II Douglass and
the members Of the house that recognized him
were lawfully In the hall Of repre- sentatives no
power on earth could Justly deprive them Of
their seats and Of their right to keen their