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

which has been acted upon by the people OF
this state for two years, and which has
been acted upon by this court as @ com.
pleted and binding enactment, de fActO
law organization may come Into existence.
"But there 10 no such case presented
by the journals, there is no such case
presented by the argument; there ls no
such case for us to pass upon. The
Dunsmore House never had but fifty
eight constitutional members. It mover
had the legal power to create any moro
members, 1t therefore never had the
legal power TO enlarge its eXlstsnca So
long as there is q legal and oonBtitu.
tional House OF Representatives carrying
on business in the identical hall
whore ID is usual and customary for ito
business to be transacted, il seems to me
that this question Of de facto House OF
Representatives has not arisen 10 that
dignity or to that acqulescsnoe, TO bs
declared by this court as entitled, IL not
legal organization, to be q de faoto
organization.
"From all that we have said our con.
clusion is, and must imperatively be-
that the House known as the Douglass
House 10 the legal and constitutional
House OF Representatives OF the state OF
Kansas, and being such House, it he's the
power TO compel witnesses to appear and
testify before it or one OF It's commit
tees in election contests arising In that
body. Il has full power to punish for
contempt any witness who refuses 70
appear when personally subp@nasd in
an election contest or proper proceed
ings pending before that body. 1t has
also the power to protect itself from dis
order, disturbance and violence.
"But il all the unfortunate clroum-
stances should arise which have been
suggested, disastrous and fearful as they
may be, we believe the consequences
will be more unfortunate to the people
Of this state and put all the people In
greater peril IL this court should, by
majority OK it's members, proclaim and
declare that the refusal Of the governor
or the Senate, or Of both to recognize
the legal and constitutional House Of
Representatives, wipes the house out OK
existence, when it 10 attempting
to carry on its duties IN a
legal and lawful way-wipes out the
House and takes from the people it's
most popular branch OF the legislature,
that body which is closest and dearest
to their hearts. If the action Of the
governor and the Senate can do that
now, then two years ago Governor
Humphrey and the Senate, which was
almost unanimously OF mis- party, might
have recognized % minority OF the other
House, and with such recognition could
I l.. Inl,
to the United States Senate and to have
defeated Senator PETER, and could have
carried on business under the rule
OF recognition. n the present
governor and Senate may do this now,
another governor and another Senate
may follow the example and hereafter
with the sanction Of this court the leg
islalure will be composed OF the COVER
nor and one House, recognizing and
oom mmunicating with some other body,
whether lawfully elected or NOT The
election Of the second body would then
be useless, unnecessary, 0bortlva. Under
such a pFcotioe, it would be true thai
we would have two Houses in name, but
one only in fact. The one subsOrViOnt
10 those that recognized IT, but not inde-
pendent and not representing fully all
the people. Either we would have such
90 unnatural condition OF affairs, OF
else At every organization Of the
legislature, or OF either House
we would have at the capital Of the state
"the clash OF resounding arms and the
contention Of hostile and armed forceS.
In suoh q case force, and force only,
would rule and not law. To Buoh a
condition Of affairs, stand opposed and
K contrary doctrine than here an
nounced is 10 be maintained, and assert
ed, such condition OK affairs inevitably
will follow: