The advocate., 1895-01-09

soil at the behoof Of another ollg&rchy, should
speak 30 vigorously that the dullest Official
ears shall heBr, and understand that no such
1ndignittes Will be tolerated IN the future.
MISCELLANEOUS.
Perhaps no episode in contemporary public
affairs has been so grossly misEepreSented
and so egreglously misunderstood as the Kan
sss legislative struggle OF Two years ago; and
brief account OF shat conflict Is due to you
and to the people.
The Peoples party elected In 1892 it's entire
state ticket and clear majority Of the senate,
but the state board OF canVassers issued GER
EiiCstes Of election to enough republican
members Of the house to give them quorum
and enable them, II their certificates were con-
elusive, to organize the house. The conduct
Of that canVGssing board was 80 extraordinary
that lt was publicly and severely rebuked
even by leading republican newspapers, and
In written protest from Hon. Cassius G.
Foster, the federal Judge OF this district. The
maiOritles claimed for several of the persons
to whom certificates were thus issued ranged
from to "a vntes and in at least four in
stances the ballots themselves showed that
even these majorities had been obtained by
means OF false precinct returns. Ballots en-
tirely blank as TO the office OF representative
had been counted for the republican candi-
dates, 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 intention OF the voters, ballots enough
were rejected because Of o mistake In the
name Of the Peoples party candidate to give
the republican small majority. In another
district a 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, coniessedly'
transported the votes 30 as TO show the de-
feated republican elected. Another person to
whom o certificate was issued was q citizen Of
Oklahoma, with no more right to sit in our
legislature and make laws which he was not
to live under than the territorial Indians
themselves. In other cases. dispositions regu.
arly taken and fled with the secretary Of
state showed illegal votes enough to change
the result.
Soon after the hour for the assembling OF
the legislature, two committees rushed TO the
governors Office and announced two house
Organizations. The case was not, at that
stage. that Of two houses. More than q
hundred members whose seats were in no
manner contested were In the hall but two
factions OF the one house had ret UP rival
organizations. Neither organization would
dtsband. The Douglass party stood distinctly
upon the proposition that persons holding
certificates, no matter IL 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 cenVassIng board The
kOVbTuDT look ADI!uubub blLl6 10 investigate
and consider, and to consult with senators.
One OF the organizations must be recognized
or the WO,k 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
compelled to decide, and TO decide in advance
OF any posslbl- dec sion by any court. Being
forced to decide, they considered the matter
upon its merits, instead Of upon technicalides,
a 1vo1 M Rkn ,na1,ns
Of the house. Even after his recognition, the
Peoples party members offered to recognize
MT. DouglaSsas speakerand abandon their own
organization IL the republicans would agree to
submit the pending contest cases TO the de-
ctsiOn Of q commission OF judges two Of whom
should not be Peoples party men; but this
Proportion, which appears upon the printed
Journal Of the house, was rejected. The house
thencefoTth became divided into two distinct
bodies, but, by lacit arrangement, they avoided
collision by alternately using the hall This
arrangement had been In operation mon h
andthe work OF legislation was rapidly near
ing com pletion, when, as the House Journal
shows, the Douglass house, February IA, 1898,
BY series of resolutions, ordered the arrest of
the chief clerk OF the DunsmOre house for ron-
tempt. The effort 10 make this arrest led to
brief scuffle on Kansas avenue, Topeka, that
afternoon but which was Of trivial character.
The police commissioners and the police
force Of Topeka were republicans, the sherth
OF the county was republican, all the peace
officers OF the city and county were republi-
cans, ana even supposing the Douglass house
to have been the most legal body imaginable,
1t was bound, II asssiled, 10 appes / to these
local conservators Of the peace. Instead, as
It's 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 q "COmmandeF.in-
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-
fully exercise. The rumor that such an ire.
sponslble mob was In process Of organization
Within single block of the capitol was con.
hrmed that night; and anticipating q noe
pressly given by statute and appointed num-
Der OF state house guards TO- protect the