The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-02-22
HALE AND wEILIP PLAN.
Have a Method For Testing Anti
Fusion Law.

S I. Hale, of Lacrosse, and Ed We1l1p
of Galena, have devised a plan whereby
they believe they can test the anti-fu-
sion election law and have it declared
unconstitutional. A number of attoT-
neys believe the law to be invalid. but
most of the Populists did not believe the
Kansas supreme court would turn it
down.
Webb McNan and number of others
We're in favor of bringing it before the
supreme court as speedily as possible
and securing a decision upon it, If the
court decided the law valid and shut the
Populists off the ticket, it was argued
that it would furnish good campaign
material, four of the judges who
would pass upon it, or majority, would
be candidates for reelection, and II they
upheld the law the Populists could
claim it was a partisan decision.
Hale, however, declared he had inn
plicit faith in the supreme court, and
said he believed the court would hold
the law unconstitutional. His plan was
for both the Democratic and Populist
parties to fuse as heretofore and each
present their tickets to the secretary OF
state to be placed upon the official bal
lot. Then if the secretary of state re-
fused to do so. mandamus proceedings
could be commenced in the supreme
court and a decision reached before next
fall.
Weilip went to Hale and proposed u
plan to get the question Immediately
into the federal courts. He proposed
congressional district, where there is
no hope of winning any way, and
when the secretary of state refuses to
place the two tickets on the official
ballot that mandamuS proceedings be
comm enced in the federal court on the
ground that the fourteenth amendment
to the federal constitution is violated,
and as a congressman is a federal Off
GER the questions raised would be espe-
cially in the jurisdiction of the federal
courts
Hale said last night he proposes to
have this plan tried in the Seventh con-
gressionaI district.
Mrs. Lizzie S. Sheldon, of Lawrence,
one of the two women members of the
State Bar association, attended the con-
ference as spectator last night. Mrs.
Sheldon has been looking up the con-
stitutionality of the anti-fusion law,
and has handed down an opinion. which
is published in the Kansas Lawyer, the
organ of the state university law school,
pronouncing the law invalid, as it vio-
lates the fourteenth amendment. Mrs.
Sheldon says:
This law is assumption by the
legislature of political power reserved
to the people themselves. The conSti-
tuition of the state declares in the bill
of rights that all political power is in
ciaI and executive power are all in
Guided in the term political power, but
all taken together are not the whole of
it. A difference in terms signifies a
difference in meaning.
1T has always been understood that
the management of elections should be
in the hands of the people. This is the
method whereby the people control their
agents. who administer the government
and if one department is allowed to
control the elections-tfle choice of and
acceptance of candidates, the people
are deprived of this power to correct
abuse of office.
Legislators are but agents of the
people, and their agency is limited, not
only by the letter of the constitution of
the state and of the United States, but
by the settled maxims of free govern
ment. Both constitutions declare that
the enumeration of certain rights shall
not be construed to impair deny
others retained by the people; and all
powers not herein delegated remain
with the people.
due process of law in legislative pro-
ceedings, it has been judicially said, is
conformity to the settled maximS of
free governments. observance of con-
stitutional restraints and requirements.
due process of law, generally speak
ing, means law in it's regular course of
administration, through courts of JUS
tice.
Tried by either of these definitions,
the election law is wanting in the eS-
sential elements of a valid law. 1t is
an interference with the control of cleo
lions by the people that is in fragrant
violation of their rights. and should be
resisted by all men irrespective of
party-it is the beginning of the end of
popular government"