The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-01-09
IT CAN'T COME.
The Legislature, Constitution
ally, Ought to Meet
In Topeka This Month to APP
portion the State.
BUT 1T WON'T COME
Because the Governor on AttOr-
ney General Dawes Advice
Will Not Issue a Call for 1t
to Assemble.
By Representative Street to
Show Legality Of
Legislatures Meeting-Speaker
LObdell Comedies.

Representative W. E. Street of Deca-
tur county, who was the leader of the
Populist forces in the last legislature, has
addressed the following open letter to
Speaker Charles E. Lobdell in reference
to a special session of the legislature to
convene in Topeka next week.
Mr.. Streets letter covers fully all the
arguments for a special session, and is as
follows:
OBERLIN, Kan, Jan. 7th, 1896.
Hon. Chas. E. Lobdell, Speaker House of Rep
resentatlves, Dighton, Kan.
MY DEAR SIR:-I address you, to in
quire if you will be present 10 Represen-
tative hall, at high noon, on the second
Tuesday of January, 1896, being the 18th
day of said month, and the date fixed by
the constitution for the assembling of the
legislature, there and then to perform
your duties speaker, and by the use
of the gavel call that body to order.
AS there has been some doubts express
ed as to the assem- bling of the legisla
ture this winter. l make this inquiry of
you as one who should know.
If your answer should be in the
affirmative, desire to assure you of my
presence.
believe that under our oath of Office
taken to support the constitution of the
United States and the constitution of the
state of Kansas, and faithfully discharge
the duties of the Office of members of
the house of representatives, etc, that
each and every member should be
present at that time to perform the duties
required of him under the constitution
which says, Article 10, paragraph 2:
sit shall be the duty of the first legis-
lature to make an apportionment based
upon the census ordered by the last leg
islative assembly of the territory; and
new apportionmeut shall be made in the
year 1866, and every five years thereafter,
based upon the census of the preceding
year"
1t is perhaps unfortunate that when
the sessions of the legislature were
changed from annual to biennial that
this section was not changed AS were all
others bearing any relation to annual
sessions, and had it been done, it would
have saved the expenses of the session
of 1886.
There are several complications that
must arise if the legislature fails to as
semble and make an apportionment in
1896
When can it be done in a constitution
al way? The answer is, Never" Then
what? Chaos? No! The supreme
court will simply be under the painful ~
necessity of declaring the constitution
unconstitutional, not in those exact
words but in legal phrases that will mean
the same. There will never again assem-
BILE constitutional legislature.
Why?
Because one of the plain require
ments of the constitution has been vio-
lated by men sworn to support the
same
The late Governor John. A. Martin,
whose patriotism and loyalty to Kansas
has never been questioned and who was
an officer of the convention which
framed this constitution, deemed this
matter of sufficient Importance to con-
vene the legislature by proclamation in
1886.
Attorney General Kellogg's opinion
being to the effect that such a session
was necessity.
While it is true there is nothing in the
constitution or laws of the state requir-
ing the governor to convene the legisla-
ture, he is in no way responsible for the
oath of office the members have taken,
yet on the contrary there is nothing to
prevent the legislature from conveniRe,
and it is its bounded duty to do so.
Should the state officials refuse to recog-
nize the bly,, the legislature would
have its remedy which would prove a
very potent one.
Another complication that will arise:
The constitution, article 2, paragraph 2,
entities each county, in which at least
two hundred and fifty votes were cast at
the next preceding general election to
one member in the Legislature, and coun-
ties casting less than two hundred votes
shall be attached to and constitute part
of the re preventative district of the coun-
ty lying adjacent to it on the east. There
are several counties under this section
which will not be entitled to direct
representation in the house, but if
the legislature fails to meet in 1896
aud make the apportionment then
these counties will have members in the
next regular session, and undoubtedly
all laws that woulc be passed with tho
vote of any one or moro of the members
from these counties, being required to
make the necessary majority, would
clearly be illegally passed. and the
courts would unQuestionably SO hold, as
they have done in cases very similar in
the past.
This might, and undoubtedly would,
cause useless and expensive litigation.
Should their votes make the next ap-
portionment, that, too, would be in the
same confusion.
If the apportionment is not made in
accordance with the constitution. how
will the legislature of 1897 and future
Legislatures pass laws that will be consti-
tional? The point will be made that if
the legislature had made the apportion-
ment as required that other men would
have formed the legislature, and laws