The Topeka state journal., 1899-03-07
WHY THEY BOLTED
House PepuIists Tell Why
They Voted
With the Republicans Against
the Senate.
FAIRCHILD'S OPINION.
Says the Senate Cannot Legally
Hear the Contest
After the Legislature Has
Formally Adjourned.
FAIRCHILD'S OPINION.

VA A0AAy
Four Popu1ists got off the reservation
yesterday afternoon and voted with the
Republicans in their refusal to concur
in the senate rider to the judicial and
executive appropriation bill. They were
Bowman, Fairchild, Marks and Wright
of Lyon.
Mr.. FairchiId filed an explanation of
his vote in which he scored the senate
for its action, and rendering a legal
opinion that it could not legally hear
the Stuart-Falloon contest after legis-
lature adjourns. He said:
Il desire 10 explain my vote on the
question of the $4,000 appropriation
asked by the senate for the purpose of
conducting the FalloonStuart contest
Paragraph 1885, being section 10,
concerning contested elections, is as fol-
lows: Any candidate of election being
desirous of contesting the election of
any person declared elected-governor,
lieutenant governor, secretary of state,
auditor, treasurer, attorney general,
superintendent of public instruction.
justices Of the supreme court, or judges
of the district court-shaH between the
sixth and tenth days of the first session
of the legislature after the day of elee-
the secretary of the senate, specifying
the particular points on which it means
TO rely
Paragraph 32s2, being section 1, chap
ter 49. concerning Impeachment, is as
follows: An Impeachment is a prose-
cution by the house of representatives
before the senate, of the governor, or
other officer under the constitution for
misdemeanor in office
Paragraph 1898. section u, of this act
Is as follows; The senate when orga-
nized to sit as a court for a trial
of Impeachment shall have power to ad-
journ from time to time to hold sessions
after the adjournment Of the legisla-
ture.'
''All these provisions were adopted in
1858 and should be construed together.
Ny conclusion from this is that the SEN
ate sits as court in case of impeacIl-
ment, and as a legislative body in case
Of contest; that it has power to exist
only when both bodies of the legislature
exist.
I feel that the senate realized this
act when it passed the law it did, which
law failed in the house, giving that body
power to sit and try contests after ad-
journment
That knowledge having come to the
senate early in the session there was
no excuse for delay in the matter. L
have received some criticisms on ac-
count of my position in reference to ad-
journment on last Saturday evening.
1 feel the responsibilities of nv posi-
uon are of such character that it would
not be my duty to see the debts of the
state go unpaid and deserving employees
whose claims are incorporated in the
general deficiency bill; the state uni
versity, agricultural college, reform
schools, and other state institutions and
enterprises. punished in an endeavOr to
secure some advantage in a political
sense, and am quite well satisfied that
the house and senate each at the time
I took the position 1 did were willing to
sacrifice the best interests of the state
to the settlement of the F'aIloon-Stuart
contest.
I might say further that if the SEN
ate had desired to try this case it could
have been done, and 1 am inclined to
think if it had supported and passed
the supplemental railroad bill it would
have pleased the people more than the
sideplay it made in the settlement of a
dispute which it could have settled dur
ing the session and knew that if it did
not II would not have power to settle
after the session"
When Mr.. Wright of Lyon voted he
gave notice that he would file his rea-
sons, and later in the day he filed the
following explanation:
Il vote no on the question of concur
renee in senate amendments TO this bill
because of the section appropriating
$4,000 for an extra session of the sem
ate to try the Falloon-Stuart contested
election case
4 believe that the senate had ample
time to try this case in regular session
If it had so desired, and the holding of
such extra session at such an expense
to the state is an unreasona BILE and un-
Justiha BILE procedure
That such extra session has been de-
hberateIy planned by politicians and
lawyers who have a political and pecun-
tary interest in the holding of such an
extra session. That there is not enough
merit in the case to justify an extra
session of the senate for the purpose of
trying it. and that neither the people
Of Kansas nor the people of the Twenty
third judicial district have asked for or
desire it,