The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-11

the Constitution UnconstitutionaI-AI-
thought is Nearly Time Now, There
Will be Session of the Legislature
This Year-Cubbison has His Say
! Speaker Lobdell's Views.
Topeka, Kan, Jan. 10-Hon. W. D.
Street, representative from Decatur
county, has given out a letter which he
| has written to Speaker Charles E. Lob
dell of the house of representative in
which he asks whether Mr.. Lobdell will
| be present in representative hall on the
/ second Tuesday Of January, being the
I II, TO call the legislature to order.
Mr.. Street is serving his third term
in the Legislature, having been a mem
Der of that body in 1888 and 1889, and
elected the third time in 1894. He is
firm in the belief that unless the legis-
lature is convened this winter it can
never be legally called again, and says
that the members and officers interest
ed, after considering the matter, will
call a session.
Mr.. Streets letter is as follows:
Oberlin, Kan, Jan. Z, 1886.
) Hon. Charles z. LObdeH, Speaker of the
House OF Representatives, Dighton,
Kan.
My Dear Sir-I address you TO inquire
df you will be present in representative
hall, at high noon, on the second Tues
day Of January, 1896, being the 14th day
of said month, and the date fixed by the
constitution for the assembling of the
legislature, there and then to perform
your duties as speaker, and by the use
OF the gavel call that body to order AS
there has been some doubt expressed as
TO the assembling of the iegisla ture this
winter, make this inquiry of you as
one who should know.
If your answer should be in the afflr-
NATIVE, desire to assure you Of my
presence.
1 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 dis
charge the duties of the office of mem
bers of the house of Representatives etc.
that each and every member should be
present at that time to perform the du-
ties required Of him under the constitu-
uon which says, article 10, paragraph 3:
1t shall be the duty of the first legis-
lature 10 make am apportionment based
upon the census ordered by the last leg
rslaItive assembly of the territory: and
a new appoutionment shall be made IN
the year 1896, and every five years there
after, based upon the census Of the pre-
ceding year.
1t is, perhaps, unfortunate that when
the sessions of the Legislature were
changed from annual to biennial 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 expense of the session
of 1885,
There are several complications Which
must arise if the Legislature fails to as
semble and make an apportionment in
1856.
When can it be done ina constitution
al way? The answer is, Never"
Then what? Chaos? Mo- The supreme
COURT will simply be under the painful
Cd necessity of declaring the constitu-
ton unconstitutional, not in those ex-
act words, but in legal phrases that
VIII mean the same. There will never
again assemble "a constitutional legis-
lature
Why?
Because one of the plein requirements
OF the constitution has been violated
by men sworn TO support the same.
The late Governor John A Martin,
whose patriotism and loyalty to Kan
sas 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 proclama ton in
1896.
Attorney General Kellogg's opinion
being to the effect that such a session
was a necessity.
While it is true that there is nothing
in the constitution or laws of the state
requiring the governor to convene the
glSFature, he IS in no way respOnS ible
Tor the oath of office the members have
taken, yet on the contrary there is moth
ing to prevent the legislatu from con-
vening, and Ut is Us bounded duty to do
so. Should the state officials refuse to
recognize the assembly, the legislatu
would have its remedy which would
prove a very potent one.
Another complication which will arise
The constitution, article 2, paragraph 3.
entities each county. in which at least
two hundred and fifty votes were cast
at the next preceding general election
10 one member i'm the legislature, and
counties casting less than two hundred
votes shall be attached ito and constitu-
te a pant of the representa- tive district
Of the county lying adjacent 10 il on the
east. There are several counties under
this section which will not be entitled
10 direct representation in the house,
but If the legislature fails to meet in
1896 and make the apportionment, then
these counties Will have members in the
next regular session, and undoubtedly
all laws that would be passed with the
vote of any one or more of the mem
beTrs from these counties, being required
TO make the necessary majority. would
certainly be Illegally passed, and the
courts would unquestionably so hold
in cases very similar in the past
This might, and undoubtedly would.
cause unSeless and expensive litigation.
Should their votes make the next ap-
portionment, that, too, would be in the
same confusion.
If the apporionme-t IS not made IN
accordance with the constitution. how
viii the legislature of 1897 and future
legislatures pass laws that will be con-
s0Itutional? The point will be made |
that If the legislature had made the ap-
portonmenJ as required that other men |
would have formed the legislature. and |