The advocate and Topeka tribune., 1893-03-08

Ah GOuBlhHSS bu6 Bp6dhoE VINO DlkQ6u
the warrant of arrest, and Frank L.
Brown, who Rttested the warrant as
chief clerk, and C.. G. Cleyenger, the SER
geant-Rt.arms, who made the arrest We
are now investigating, were elected to
their several positions by sixty-four
members Of the House Of Representa-
tives holding certificates Of election, and
that majority OF the one hundred and
twenty-five members voting for them,
held certificates 10 accordance with the
returns on file in the Office Of the gecre-
tary Of state.
"Upon this question of certificates, l
simply want to cite the case which was
ited yesterday. It ought to have
ISen cited in the orderly pre-
sntation Of this case before. It
the case in the United States
senate from Montana, and iS the latest
Itt0rancs Of the highest legislative
,ody in this land. In the report Of the
majority Of the committee it is said:
The majority OF the committee are OF
opinion that II this body Of persons had
&wful and constitutional certificates OF
GhOir election, that title Is good title
against all the world governing their 0SBo-
Bovernlng everybody who has lawful duty
10 determine who are lawfully elected rep
rOsentattv0S, until there can be an AdJudt-
cation by tho House itself to the contrary,
and that no body can be heard to say, and
thaB no authority can be permitted TO In.
lulrO into or determine the actual facts OF
EhO election as against that title.
"ThRb was the report OF what iB
known Rs the republican members Of
the United States senate. Senator Gray
from Delaware, one OF the most dis
tinguished lawyers Of that Senate, and o
leading democrat, made q minority re-
port, and says that the rule proclaimed
by the majority report according to the
certificates is the rule and the law
which the minority recognizes; and
then hO says the trouble about this case
is this: That the certificates issued by
the territorial canVassing board were in'
valid, because the statute Of that state
provides that the county board Of can
VGss0rs shall issue the certificates. The
report Of the majority stated that the
territorial board should issue the cer-
tifcatOS; the minority stated that the
county board should issue them. u
was simply a difference as to which cer-
ti6oNtes were valid, and both of these
bodies, both political parties, and the
Senate, and the authority OF the Senate
10 very high evsryWhere-both OF these
political parties recognized equally
tho primS faoie validity Of
these certificates and said that
they governed; that they gave . title
good against ell the world, and gov
Srned their associates and governed
DVOry one.
"NoW, TO resume. Then, under the
usual forms Of law, under the universal
practice adopted in this state, in all the
Legislative bodies OF all the states Of
this union, the Douglass House was or.
ganized by q legal and constitutional
majority az evidenced by the Oertih.
oates Of election.
There has been some contention that
there were some Irregularities In the Or
EAnization Of the Douglass House. Now,
what was the irregularity, if anyP The
statute Of this state provides that when
the Houses Of the legislature convene,
The secretary of state shall lay before
them q roll OF what? A roll Of the
certified members OF the legislature Ro-
cording to the returns in his office. Upon
The day that the House Of Representa-
tlves was to meet, Secretary Of State Os-
borne went into the hall about an hour
and twenty minutes after the members
had assembled, with a roll; the statute
bays he might have brought that In and
left it. There seems to have been q
contention there as to whether or not
be should preside, and the SEQ
retary Of state probably desiring
no trouble with these conflicting
interests stepped out. Allthat Secretary
Ut State Osborne had was certificate
from his office Of theFoll When he
stepped out, somebody brought up an
lnthar nertihoate. Somebody has gaid