The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-09

stage. that of two houses. More than a
hundred members whose seats were in no
manner contested were in the hall: but two
organizations. Neither organizations would
disband- The Douglass party stood distinctly
upon the proposition that persons holding
! certificates, no matter if wrongfully issued
We're alone entitled to organize the house The
Dunsmore party stood upon the proposition
that. even for the purpose of organization
members OF the legislature are to be elected
governor took abundant time to investigate
and consider, and to consult with senators.
One of the ORGANIZATIONS rrust be recognizel
or the work of legislation could not even
begin Our constitution does not permit the
courts to give opinions except upon actual
cases brought before them by adversary
parties. So the senate and governor were
compelled to decide, and to decide in advance
OF any possib BIZ dec sion by any court. Being
forced to decide, they considered the matter
upon its merits instead of upon teehnieahties,
and recognized Mr.. DunsmOre as the speaker
OF the house. Even after his recognition. the
Peoples party members offered to recognize
Mr.Dougiass as speaker and abandon their own
organization If the republicans would agree to
submit the pending contest cases to the de-
clslon OF commission of judges two OF whom
snou1o not De Peoples party men; but TINS
proposition which appears upon the printed
Journal of the house. was rejected The house
theneeforth became divided into two distinct
bodies, but, by tacitarrang naenr, they avoided
collision by alternately using the hall. This
arrangement had been in operation a mon Il
and tie work of legislation was rapidly near
ing completion. when, as the House Journal
shows. the Douglass house, February IA, $685.
by series of resolutions. ordered the arrest of
the chief clerk OF the Dunsmore house for con
TEMPT The effort TO make this arrest led to
brief scuff1e on Kansas avenue, Topeka, that
afternoon, but which was of q trivial character.
The police commissioners and the police
force Of topeka were republicans the sheriff
of the county was a republican, all the peace
officers of the city and county were repubIi-
cans, and even surprising the Douglass house
to have been the most legal body Imag1na Die,
it was bound, if assailed, to appeal to these
local conservators of the peace Instead, as
| its own journal shows. the Douglass house,
that very evening, recruited and organized
military body of some $40 men, and put them
under the direction of commandments
chief" Thus, supposing it to have been be-
yond doubt the actual and entire legislature,
the Douglass house usurped power which the
constitution vests exclusively IN the execu-
tive and which no legislative body can law
fully exercise. The rumor that such an IRE
sponsible mob was in process OF organization
! within a single block of the capitol was con-
frmed that night; and anticipating noe
turnal attack of some kind upon the capitol,
the executive council exercised the power ex-
pressly given by statute and appointed num-
Der of state house guards to protect the
property of the state, and at the same time,
the executive called out the national guard
and equipped three companies Of provisional
militia to preserve the public peace. y ext
morning the executive council guarding
soainst The admission Of the extra legal milf
tary body which had been recruited by the
DoIglass house ms tructed the guards to allow
no one to enter without tickets which were to
be furnished all certifcated members as also
to those claiming seats The Douglass mouse
came In a body, Mr.. Douglass being provided
in advance with sledge hammer, ana Vlo-
lently overcoming the few guards then on
the door of representative hall A large por-
ton of the mob followed, whereupon the hall
was Immediately barricaded and prepared for
armed defense against the sovereign people OF
Kansas represen ted by their executive WHAT
ever it may have been before, the assemblage
in the hall was no longer legislative pooy,
but body of insurgents to be dealt Win as
Sucn IN the interest," OF p upiLc i5 t ~,
| The executive, however, SUN recognized tne
right of all certifcated members to remain IN
the hall, but sought, with the AID OF the mil
tia, to eject the unlawful deputies ana ser,
| geants- alarms. A partisan national guard
and a partisan sheriff rendered impotent the
power the people in their CONSTITUTION nao
vested in the chief executive; a local statutory
executive assumed to be above the supreme
executive" of the constitution. Finally, With
out an adequate military force to give po-
tency to the constitution and the laws. ana
still Seeking to prevent bloodshed and con-
serve the public peace, the governor entered
into negotiations with the independent reyo-
| IutionaTv state government. calling itself "the
constitutional house" and submitted treaty
of peace. 1t was eremptorlly rejected. But
at midnight the general solicitor of the Atch-
1son. Topeka & Santa Fe railroad company re-
quested an interview with the governor Al
| that interview substantially the same PROPOSE
in the afternoon was agreed upon, and the
| railway company's general solicitor having
accepted with great enthusiasm. The gov
covered the chief executive of the revolu-
! tionary state government. ~
| Afterwards, the same supreme court whIcn
had formerly declared itself without jurIsdic-
! ton to decide the right to a single seat IN tne
! legislature, even with both claimants before
| the court, took jurisdiction TO 06clQo the
right to ten seats in bulk, with neither claim
! ant of either seat before it and two OF the
| judges sustained the republican house The
| Dunsmore house, the senate and the governor
submitted, and a leading republican newspa-
per remarked editoria1y: The railroads,
! especially, have cause for congratulation; for,
| if by any chance the supreme court had taken
! the other shoot authorized by precedents
laid down in the books, and declar ed the
Dunsmore house to have been the de fdcto or
ganization, a railroad law more stringent than
the Iowa statute would have been put into
full force and effect"
So ended the conflict Of the people against
their masters-sor q time. The retiring exec
utive has not changed his opinion as TO the
merits of the controversy, of the propr1ety OF
his own acts, nor of the character of the su-
pleme court decision. The episode will be-
come historic as the Bunker Hill of the con-
fliet between man and mammon. By history
the executive is willing to be judged. When.
as CORVALLIS approached to surrender his
sword The victorious continental army broke
into a cheer, Washington checking them said:
LET posteriry cheer for you" The retiring
executive will let posterity judge his admins
ton.
With the earnest hope, gentlemen. that your
acts at the present session may prove bench
cial to the whole people, and with charity
toward all and malice toward none" l bid
you adieu. L. d. LEWELLING,
Governor.