The morning call., 1893-02-27
PEACE RElGNs IN KANSAS.

The decision of the Supreme Court OF
Kansas. holding that the Republican As
semply is the legal House of Representa-
tives of that State. would carry more weight
if it had been unanimous, instead of being
the Judgment OF two Republican Judges.
with PopuIist Judge dissenting. Still, 1t
seems to be reasonable. The members of
the Republican House held certificates Of
election. The seats of many of them were
contested, but until the contests were de-
cided adversely the sitting members had
prima facie title TO their seats. 1t appears
that the Populsts were too previous in
holding that the House was no House
because some OF its members may have been
wrongfully seated therein.
So far as memory serves. this is the only
instance in which court has undertaken to
arbitrate between rival legislative bodies.
Such bodies are always judges of The qualii-
cation of their own members, and courts
cannot interfere in disputes over contested
seats. BY parity of reasoning it has been
held that it was beyond the province of the
courts to affirm or deny the title Of an
Assembly or a Senate to exercise its func-
tons In January. 1887, two rival Legisla-
lures assembled in Louisiana and for two
claiming to be the only lawful Legislature.
The courts did not attempt 70 interfere. In
this case each Legislature was complete.
with Governor. Senate and Assembly. In
the case of Governor. appeals have been
frequently taken TO the courts TO decide
contested election; there is no provision OF
law which makes an executive the Judge OF
his own qualifications.
AS matters stand the Kansas Legislature,
which will have to be summoned in extra ses-
sion next week. the period set for the regular
session having been wasted in party strife,
will then proceed TO pass the appropriation
bills, all other business going over in conse-
quence Of the antagonism between Senate
and Assembly. If any necessary measure
Of legislation is delayed for a couple of
wears The Kansans have only themselves to
blame for the Inconvenience. Ripper educa-
ton in politics will teach them the necessity
of subordnating faction bitterness TO the
public good.
Another useful lesson will be taught by
the late turmoil, and that is that militiamen
are bound to obey orders emanating from
constituted authority just as soldiers in the
field are bound TO obey their general. When
the Governor of Kansas called out the
militia a number OF officers refused 20 obey
on the ground that their sympathies were
with the Republican HouFe. against which
they were summoned to act. This conduct
was iTreconcilable with military disci
pline and subVersive OF the principles on
which military organizations rest Neither
militaman nor a soldier has right TO ques-
ton the wisdom Of the orders lie receives.
His business is to obey. If he viii not obey
he is a mutinesr and may be tried and pun
ished for mutny. The Governor of Kan
sss has not tried his mutineeTs. He has
simply removed them. He has done well.
The party to which be belongs enjoys scant
measure of respect among the people at
large. and without an intimate knowledge
Of the local issues involved in The late con-
test people generally rather imagine that
the Republicans were in the right and the
Populists in the wrong. But that does not
emancipate the Kansas militia from the
duty of obeying the orders Of their regular
commander-in- chief.
The kansans will increase the general
belief in their fitness for self-government
by avoiding in future such embroglos as
the one Of this month 1t has been OBJ
served that the distinguishing difference be-
tween the men OF cur race and the men OF
other races is that with US minOrities sub
nit to the rule Of majorities. whereas the
Latin races often do not. In the Spanish
American countries until quite lately the
party which was defeated at the polls ap-
pealed from tie ballot 10 the bullet. This
rendered peaceful self-government impossi-
bic. 1t would be sad to see an American
commonwealth following so pernicious an
example.