The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1893-03-02
THE DECISION.

All interest conferred In the de-
cision OF the Supreme Court, which
was given 10 the public last Satur-
day morning at 9 o'clock. The case
was brought by l.. c. Gum, who had
been summoned to appear before the
Douglass house as q witness. He re-
fused to appear, and was arrested by
the Sergeant-at-arms of the republic
can house for contempt, whereupon
he applied to the Supreme court to
be discharged, on the grounds that
the republican house had no author
ity to arrest him. The decision Of
this case necessitated the court to
pass upon the legality Of the repub-
lican house. The testimony was ia
ken Tuesday and Wednesday, and
on Thursday able attorneys on both
sides argued the case. At 9:25 Sat-
urday morning Chief Justice Horton
delivered his opinion, which sustain
ed the republican organization as the
legal house Of representatives. The
plea Of the populists has been that
the courts had no Jurisdiction, and
the chief justice promised his opin-
ion as to the question at issue, as
follows:
1.-THE liberty Of q citizen IL In con-
troversy. But the statute OF this
state provides that no court or judge
shall inquire into the legality OF any
judgment or process whereby q party
10 In custody, or discharge him, when
the term of commitment has not ex-
pired In the following case:
"ThIrd-For any contempt Of any court,
officer or body having authority TO commit"
Therefore, we have before US, nee
essary for our determination, the
question whether the body or the
House which authorized CleveDger
as sergeant-at-armst to arrest and de-
tain Gum, had any legal or consti-
tutional authority so to do"
The Chief Justice then proceeded
to deliver one Of the most able
opinions ever given In Kansas. He
reviewed every feature of the case,
quoting law and authorities for every
step he took, and no man can read
his opinion in full and believe that
partisan feeling had anything what
ever to do with his decision. At Its
close, he announced that Justice
johnson concurred with him in the
case, aud that Justice Allen dissent
ed.
| Associated Justice Allen then de-
livered his dissenting opinion. He
quoted no law or cited no authorities
IOr his position, but held that the
recognition OF the populist house
by the governor and senate was suf-
ficient TO make them the legal house
As sample of his manner OF
delving 20 the very bottom Of a
question, and to the authorities he
recognizes as standard, We quote the
following from his opinion:
al hope 1 shall be psrdoned for re-
ferring to the fact that L was in the
Senate at the time of the discussion
of the resolution recognizing the
Dunsmore House Of Representatives.
Ii Is my good furtune to be acquaint-
ed with many OF the senators, and
among them men sffilisting with the
republican party, lawyers of great
learning and ability whose opinions
are entitled to great respect. In the
discussion OF that resolution from
the republican side, il was conceded
by several of these learned and dis
tinguished senators that il the COVER
nor of this state had recognized the
Dunsmore House rs the legal House
of Representatives, and IL that reso
luton should be passed by the Senate
Of the state Of Kansas that the whole
question was concluded, that was an
ultimate and final judgement and
decision OF the power which undel
the constitution and law OF this state
was authorized to hear and finally
decided the question as to which oi
these conflicting bodies was the law
, full House OF Representatives. Ths
opinions OF these senators IL seems Il
me are entitled to great respect"
Is there a justice of the peace II
Kansas who would quote stree
rumor as part Of his opinion in
question OF law? We do not believe
|, there il, and the spectacle an Asso
I | ciate Justice Of the Supreme Cour
a presents to the world by so doing, 1
I humiliating indeed. 1t is fortunate
= for Kansas that only one member o
4 the Supreme court interprets tn
law as does Justice Allen, else in
short time there would be no law.
The decision has been accepted q
: final by the populist house. On Mon
e day its members recognized Speake
s Douglass, and at last, when the tim
e has almost arrived for adjourn
Il ment, these reform statesmen pre-
: sent themselves for duty. Thus end
one Of the most disgraeeful, uncal
ed for, and injurious conflicts tbs
ever occurred in this or any othe
state, and for what?-mere politics
advantage. A set OF men having
governor, and a majority in the ser
, ate Of their kind, were willing
sacrifice every business interest
, the state in q squat BILE for control
the lower house, which they kne
they were not entitled to. But the
, forgot for the moment they were
Kansas. 1t might have worked !
some states, but not here.