The Advocate and news., 1899-02-22
Supreme Court
UphOlds 1t Also.
Decision In Favor of the Legality Of
Special Session Called by
Governor Leedy.
JUSTICES WERE UNANIMOUS.

The supreme court has also decided
that the extra session called by Governor
Leedy was constitutional. The matter
came before the court on the application
of Senator Hugh Farrelly for writ Of
mandamus to compel Auditor Cole to
audit his claim for pay as a member Of
the Legislature.
Attorney General GODDARD and D. r.
Hite, representing Mr.. Cole, raised the
following points:
First. That there was no extraordinary
occasion justifying the Governor Of the
State OF Kansas In convening the Legtsla-
tllre of said State in special session in De-
cember, 1893, and that this call, therefore,
was issued without authority Of law, and
was null and void, and that the Legislature
had no power to convene hereunder or to
sit in special session thereafter.
Second. That the term of Office of the
members of the Legislature elected in No
vember, 1896, and Of those elected to fill va
cancies In 1897, expired on June /, 1898, by the
provisions of chapter III Of the laws passed
at the session of 1897.
Third. That IL said chapter III Of the laws
of 1897 had not been passed, or II 1t had
not. provided for the adjustment Of the
districts from which the members Of the
House Of Representatives were elected, still
their term of office would have expired. with
the election held in November, 1898, and
IneY COulQ not meet as q legal Legislature
at any time thereafter.
The court was unanimous in deciding
against these points Regarding the first
point the court held that the governor
was the sole judge Of the emergency, and
that the emergency was not stated in
the call did not invalidate it.
The court decided on the second point
that the terms of Office of the members
of the house of 1897 were not affected by
the appOrtionment law.
The court also held that the members of
the house were elected for two years, |
their terms expiring in January. 1899.
The order in the case is as follows
"The cause coming on for decision upon
the motion Of the plaintiff for judgment
against the defendant upon said defend
ants answer and return, it is considered,
ordered and adjudged that the said mo-
tion be sustained, and that peremptory
writ do issue to the defendant as prayed
for the plaintiff in his motion for the
writ, and in the alternative writ hereto
fore issued herein. Opinion to be filed
hereafter"
The decision will be written by Justice
Johnston.
The attorneys for the plaintiff were
G. c. Clemens, A. NJ Harvey and Hun
gate & Thompson. Mr.. Clemens pre-
pared the plaintiffs brief in his charac-
teristic style. He suggested that If the
justices decided that a session Of the legis-
lature for the purpose of regulating rail-
road charges an ordinary occasion they |
would be writing beautiful Populist |
platform" The question is asked, do |
railroad companies so habitually and |
persistently rob the people of Kansas
and paralyze Kansas industries by ex-
tOrtion that suitable legislation for the |
regulation Of railroad charges is daily |
necessity"
The plaintiffs brief concludes as fol- |
lows:
What good can come Of destroying the |
special session? VIII 1t save the expense? |
The present House has already passed an |
appropriation to pay 1t IL the existing acts |
are struck down, and laws which the decis- |