The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1895-01-11

euc StdVS government 8ltO8etueE
During the great railway strike of
the past SIMMER, federal courts usnrped
the power which the constitution of
the United States vests exclusively in
| the executive and legislative depart
ments of the government; and, under
| their own direction recruited, armed
| and turned loose to overrun the state
OF Kansas, military force subject to
neither the president of the United
States nor the governor of Kan
! sas. but to the federal judiciary.
alone. They were called deputy mar
shals, but were to engage in no service
for which any fees have been fixed by
| congress. and hence their receipt of
| any compensation whatever was
crime; for an act of congress expressly
provides that the following and no
other compensation shall be taxed and
allowed to the United States marshals,
and therefore fixed specific fees for
| specific services. Any charge for any
service not SO specified must be lille
| gal The obvious fact that these men,
| armed with Winchester rifles, were not
appointed to perform any duties as
deputy marshals, but were distinctly
understood to be a combination of po-
l1ceman and soldier, acting under judi
| cial sanction, as the mercenary retain
| ers of certain railroad companies en-
gagged through their receivers in oper-
atlng the federal courts. No atteu-
ton whatever was paid to the state
| executive. No request was previ-
ously made of him for the assistance of
the militia The chief magistrate of
the sovereign state of Kansas was
treated with no more consideration
than were the governors of the con-
federate states by the generals of the
confederate army. coming for the
avowed purpose of subjugation, in
time of war.
1T has been hitherto supposed that
armies are to be raised by the legisla-
ture and commanded by the executive
department of the governments; and
that courts have heard and decided,
the executive is charged to see that the
laws are enforced. If federal Judge
may raise a force of ten men, he may
raise a force of 10000 and arm and
command them; for if the power ex-
lists, he alone is the judge of the ex-
tent to which it shall be exercised
This is not partisan matter, but pa
triotic one, and protest should be
made against these usurpations in
language so plain and so emphatic that
it shall be understood by congress.
Miscellaneous.
perhaps no episode in contempor-
airy public affairs has been SO grossly
misrepresented and so egregiously mis-
understood as the Kansas legislative
struggle of two years ago; and brief
account of that conflict is duo to you
and to the people.
THE peoples party elected in 1892
its entire state ticket and a clear ma
jority of the senate, but the state board
of canvassers issued certificates of
election to enough republican men,
bers of the house to give them quo
rum and enable them, if their GER
tifcates were conclusive, to organize
the house. The conduct of that can
wasting board was SO extraordinary
that it was publicly and severely re-
bulsed even by leading republican
newspapers, and in written protest
from Hon. Cassius G. Foster, the fed
eral judge of this district. The ma
jorities claim for several of the persons
to whom certificates were thus issued
ranged from 5 to "a votes; and
in at least four instances the
ballots themselves show that
even these majorities had been OBJ
tanned by means of false precinct re-
turns. Ballots entirely blank as to the
Office of representative had been count
ed for the republican candidates, as
had also ballots bearing the name of
the candidate of the peoples party.
In one district, where no doubt
could exist as to the real inten-
ton of the voters, ballots enough
were rejected because of a mistake in
the name of the peoples party candi-
date to give the repu blican small ma
jority. In another district judge of
election was, during the process of
counting, detected in the very act of
substituting republican for peoples
party ballots and was publicly rebuked
for it at the time. One certificate
was based upon returns in which
the county clerk had, confessedly,
transposed the votes SO as to show the
defeated republicans elected. Another
person to whom a certificate was issued
was a citizen of Oklahoma, with no
more right to sit in our legisla ture and
make laws which he was not to live
under than the territorial Indians
themselves. In other cases, dispositions
regularly taken and filed with the sec
rotary of state showed illegal votes
enough to change the result.
''Soon after the hour for the assem-
bling of the legislature, two committees
rushed to the governors Office and an
nounced two house organizations. The
case was not, at that stage, that of two
houses. More than hundred members
whose seats were in no MANNER contest
ed were in the hall; but two factions
of the one house had set up rival
organizations. Neither organization
would disband. The Douglass party
stood distinctly upon the proposition
that persons holding certificates, no
matter if wrongfully issued, were
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
by the people-not by a canvassing
board. The governor took abundant
time to investigate and consider. and
to consult with senators. One of the or
CARNATIONS must be recognized or the
work of legislation could not even begin.
Our constitution does not permit the
courts to give opinions except upon
cases brought before them bv adyer-