Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1899-01-26
A Disappointing incident In Kansnr.

A sp' CiAl telegram from Topeka,
Kansas, to the Post OF the 18th inst.
contains information OF a somewhat
surprising character. II was earnest
ly desired aud reasonably expected
that the exit Of Gov. Lsedy and his
brethren and the return OF the repub-
liCyn party TO executive control would
call a halt on unpleasant political
sensations in that state But this
telegram disappolnts chat hope, for il
tells OF q piece Of misChievous folly
under the new administration that
equals in absurdity the widest flights
OF Leedy or the maddest pranks Of
LewelliDg.
1t will be remembered that Gov,
Leedy called an extra session Of the
legislature a few weeks ago, which
proceeded to enact q number Of laws.
No sooner does the new adminiStra.
ton rat seated than the attorney
general undertakes 10 set all those en-.
actmeDts aside, on the ground that
the extra session was DEMONSTRATIONS
ally called" In an opinion fled on
the 18th instant the attorney general
declares that the acts Of q governor
are renewable by the supreme court,
the same as the acts Of the Legislature,
that no emergency existed for special
session, and for that reason the gov
ernor's action in issuing the call was
unconstitutional, and therefore all
laws passed by il are null and void.
The min ,sterial acts Of the governor
are, OF course, renewable by tho SUI
preme court, tor that body constructs
the laws which regulate such acts.
But IN tho exercise or q discretionary
power coD6ded 10 HIM by the Consti-
tuition governors acts are not Fe.
viewable by any authority on earth.
The constitution OF the states, follow
ing the constitution Of the United
States, authorizs the executive upon
any extraordinary occasion" TO con-
vene the Legislature. He is the ona
sole judge Of the character Of the
occasion. II may seem "extraordi-
nary" to him when others regard it
otherwise. Ia that case he convenes
the Legislature and no tribunal can
cit in Judgment on the act.
The Posts Topeka Correspondent
states that in order to get q judicial
ruling on the question ex-Lleut. Gov.
Harvey has fled mandamus proCeed.
inRu IN the supreme court to compel
the auditor TO audit his voucher for
services rendered as presiding officer
OF the senate at Che extra session. We
are also advised that the republican
administration will follow the opinion
OF the attorney general aud ignore
the laws passed by the extra session
until the courts decide the matter
definitely.
That course may not be revolution.
airy, but il GENES quite too near that
point. To look to court for a de-
cision as to whether not the occasion
for calling the Legislature was "extra-
ordinary" ia to ask that tribunal 20
NEEDLE with what does not in any
way concern it, 1t may be that tho
statutes referred to are unconstitu-
tionsl. Whether they are or not 10 a
matter that might properly be sub.
mitted to the court by bringing case
under each one of them But TO, at.
tempt to sweep them aside by invok-
ing the Judicial department. to CON.
denim the executive discretion Is VI.
Ciously absurd.
Who ever dreamed Of calling on the
supreme court Of the United States
to determine such q question in rels-
ton to acts Of congress- passed at ex-
ira sessionsl What a spectacle tho
silver men would have presented had
they made this sort OF movement after
the Sherman act had been repealed
at an extra session called by President
Cleveland. And why did not the
friends Of the Wilson. Gormsn tariff
rush 10 the supreme court after that
law bad been snpplanted by tae
Dinglsy act passed at an extra so, sion
called nv President Mckinley?
The United States supre.ne court
would not listen with muOh patience
10 al argument intended TO estsblish
its right to review discretionary acts
OF the executive. And IL The Kansas
supreme court does not make short
job OF this queer case it will dissp-
point all reasonable expectations
When IN executive says an occasion
is extraordinary" il is "extraordi-
nary" in the full sense and meaning
Of fundamental law,