Gass /\ (C>S6>. 
 Book ^ B2 
 
I 
 
I 
 
tETTERS 
 
 TO 
 
 Governor Lewellini 
 
 By J. K. HUDSON, 
 
 BDITOR OF THS TOFBKA. " DAIIyY CAPITAi;,." 
 
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LETTERS 
 
 TO 
 
 Governor Lewelling, 
 
 J. K. HUDSON, 
 
 Editor "Topeka Daily Capital." 
 
 CONTAINING ALSO 
 
 A Brief History of the Legislative Session of 1893, District and Supreme Court 
 Decisions on the Question of the Legality of the House of Representatives, 
 Official Vote on Candidates for Governor in 1892 by Counties, Roster 
 of U. S. Senators and Congressmen, State Government, State 
 Senate and House of Representatives, Present Appointees 
 by Governor Lewelling, State Boards of Directors and 
 Regents of Public Institutions, Judicial Districts and 
 Vote on Congressmen by Districts in 1892, and other 
 information for reference, verified and accu- 
 rately given from Official Records and Roster 
 of Republican State Central Committee 
 . . and work of the year. . . 
 
 PUBLISHED BY 
 
 THE TOPEKA CAPITAL COMPANY. 
 
 TOPEKA, KANSAS. 
 

 COPYRIGHT, 1S93, 
 
 BY J. K. HUDSON 
 
 TOPEKA, KAS. 
 
 Ixl ezch 
 . oio. Pub. Lib 
 
 J^ 7 1901' 
 
PREFATORY. 
 
 This series of editorial letters was published in the 
 Topeka Daily Capital during the session of the Kansas Legis- 
 lature of 1893. The peculiar condition which called them 
 forth was the organization of a dual House of Representatives. 
 A legally organized body of sixty-three members, presided 
 over by a Republican Speaker, Mr. Geo. L. Douglass, and 
 an illegally organized body of fifty-eight members, presided 
 over by Mr. J. M. Dunsmore, Populist, existed for seven weeks. 
 The recognition of the minority organization by the Gov-, 
 ernor, a PopulLst, and the Senate, having a Populist majority, 
 led to the complications in the contest for supremacy, the 
 various phases of which are treated in these letters, and the 
 legal questions entering into the controversy were decided by 
 the Supreme Court, the full text of which^appears in this 
 volume. Respectfully, 
 
 J. K. HuUvSON. 
 
\ 
 
 i 
 
TO GOVERNOR LEWELLING. 
 
 lyETTER No. 1. 
 
 ToPEKA, Kas., January 12, 1893. 
 My dear Governor: All over Kansas, and far beyond the 
 boundary lines of our splendid State, the attention of people is 
 turned towards you. The question is asked by men and women 
 interested in our State and its future. What will Governor Lew- 
 elling do ? In this brief letter I do not purpose to insult you 
 with flattery or to belittle you with abuse. We are facing a most 
 serious condition of affairs, that may at any moment culminate 
 in a disgraceful personal struggle and possible loss of life. You 
 are the recognized head and leader of your party, and if our State 
 is further disgraced by the revolutionarj^ action of the minority 
 of your part}^ in the House, you and your administration will be 
 held responsible. It will be useless for you to say that it was the 
 action of the Legislature, over which you had no control. That 
 excuse will not be received as a good one. You can control the 
 Populist side of the Legislature at any time. That the present 
 attitude of the minority is due to sympathy and support advanced 
 by the present majority of the Senate, and by you and the other 
 members of your administration, there is no shadow of doubt. 
 Do you suppose fifty-eight members of the House representing 
 j-our party would have considered the idea of organizing this 
 branch of the Legislature if the administration and the Senate 
 had been Republican? No, sir; the most idiotic legal adviser 
 they are now guided by would not have entertained the 'proposi- 
 tion for one moment. The present attitude of the Populists in the 
 House is due to your isympathy and support, and you have the 
 power to stop the anarchistic revolution now going on if you so 
 ^esire. If you call your State officers together, and ask Jerry 
 Simpson, Willits,Breidenthal, and Judges Webb and Doster into 
 the conference, and say to them that the present condition of the 
 Legislature is damning the State as well as the party and must 
 stop at once, it will stop. There is not an intelligent man in 
 Topeka cognizant of the facts of the situation that does not 
 know this to be true. Upon you, Governor Lewelhng, 'csts the 
 
R LETTERS TO GOVERNOR LEWEI.JJXC. 
 
 responsibility of saying whether your party shall continue to 
 make a disgraceful mob of the Legislature or not. Your party 
 in the Senate will recognize the minority as soon as you do. It 
 is expected j'ou will do this to-day, and the present insurrection 
 against the constitutional majority would never have undertaken 
 their present plot to steal control of the House but for your sanc- 
 tion and consent. For this the people of Kansas will hold you 
 personally and officially responsible. You have been extolled as 
 a business man of large and varied experience, a man of patriot- 
 ism and courage, possessing real elements of statesmanship that 
 would rise above the anarchistic sentiment and wild heresies of 
 your party. To be frank about this, the Capital has never sym- 
 pathized with this estimate of your character, and the present 
 sitiiation is an indication that }^ou are no larger than your pait}', 
 or Willits or Simpson or Breidenthal, who are the floor-walkers 
 of your minority, maintaining discijiline and ordering the fifty- 
 eight members what to do, and what not to do. 
 
 Governor Lewelling, defying the constitutional rights of 
 members of the Legislature is a more serious matter than talk- 
 ing anarchistic " rot " at picnics. There is no white slavery in 
 Kansas, no mob crying for bread, no citizen deprived of his 
 rights, — except Republican members of the Legislature, — and the 
 people of Kauras will make no mistake about this rebellion, of 
 which you are the executive head. It will be analyzed and care- 
 fully examined in every part. Nobody will be fooled with 
 specious arguments. The case will rest in the future tipon the 
 legal rights of the members elected, and the men who are advis- 
 ing or the office-hunters interested will cut no figure when the 
 people render their verdict. They will say, and justly, that the 
 Governor and State officers are the leaders of the party, and that 
 they are responsible for creating the revolution Avliich they could 
 have stopped at any time. This is the plain situation. If any 
 Popukst member had one legal majority, he is entitled to his 
 seat ; and more than one hundred and fifty thousand Republican 
 voters of Kansas would say so. That great body of as honorable, 
 as intelligent, and as patriotic citizens as exists in any State say 
 to you to-day, through the Capital, that they demand of you and 
 your administration the recognition of their representatives 
 because the demand is founded on law and justice. This is the 
 opportunity of your administration to show whether you are the 
 Governor of the Populists or of the State. 
 
LETTERS TO GOVERNOR LE WELLING. 
 
 TO GOVERNOR LBWELLING. 
 
 Letter No. 2. 
 
 ToPEKA, KaS., January 13, 1893.. 
 My dear Governor: You yesterday assumed the responsibil- 
 ity, without warrant of law, of deciding, so far as your voice and 
 influence can go, which of the two contending bodies of the 
 House was legal. What right had you to drop the executive 
 functions of your office and assume the prerogative of the 
 highest court and decide a question which you have no more 
 authority to meddle with than your chief clerk ? When the 
 House is legally organized it sends you a message stating the 
 fact. This had been done by both parties on Tuesday. On 
 Wednesday you stated, in a conversation with six well-known 
 Republicans who called upon you, that there" was no legally 
 organized body in the House. If that was true on Wednes- 
 day, Governor jewelling, what change had taken place or 
 what facts had been conveyed to you to cause you to recognize 
 the legality of the minority on Thursday? You were aware of 
 the fact that the Senate was, at the hour of your sending your 
 recognition of the minority, investigating the facts by a commit' 
 tee consisting of six Populists and three Republicans. A con- 
 ference committee of five members from each of the three polit- 
 ical parties was endeavoring to find some common ground for a 
 peaceable solution of the present critical dilemma, made with 
 your knowledge and with the sanction of the leaders of your 
 party, at the very hour when you destroyed all hope of com- 
 promise by your letter recognizing as legal the minority, which 
 you know, as an intelligent m_an, is not entitled to your recogni- 
 tion except for partisan political purposes. Good faith to the 
 investigation in progress in the Senate would have dictated that 
 you await that report. If you have desired a peaceable settle- 
 ment of the legality of the organization of the House, a courte- 
 ous treatment of the conference committee laboring for that end 
 would have suggested a postponement of your incendiary docu- 
 ment. Is this your own judgment, or that of the conspirators 
 
8 LETTERS TO GOVERNOR LEWELLINC. 
 
 who for a'.nbitious purposes are ready to plunge the House into 
 a bloody contest? Your political advisers, consisting of Judge 
 Doster, Breidenthal, Simpson, Willits, Clemens, and smaller 
 types of this anarchist craze, are already controlling your admin - 
 •stration by revolutionary methods that the people of Kansas wil 
 repudiate. 
 
 Governor Lewelling, what is the significance of your recogni 
 tion of the minority ? It means that the pride, prestige, power, 
 and influence of your administration, not a week old, is pledged 
 to the use of force, and,if need be, bloodshed, to sustain an illegal 
 minority. Do you go before the people of Kansas in this usurpa- 
 tion of power at the instance of a lot of politicians who have 
 nothing to lose by a destruction of the good name and character 
 of the State? 
 
 A part of the plot of which you are the executive head is for 
 the Populist Senate to-day to follow your example and endorse 
 your course by recognizing the minority as the legal House 
 organization. The next step that logically follows is the use of 
 force to eject Speaker Douglass and the clerks. You know that 
 sixty-three Republicans, legally elected and holding their certifi- 
 cates /rom the State Canvas.sing Board, one Independent, and 
 three Democrats, making a total of sixty-seven members, 
 answered to the roll-call of Chief Clerk Brown, while the Popu- 
 lists have only fifty-eight members holding certificates of elec- 
 tion. You knew these facts. Governor Lewelling, when you 
 played the part yesterday of a conspirator against the peace and 
 good order of the State, less than a week after taking your oath to 
 sustain the laws as its chief executive. If a bloody riot follow 
 tliis premature action on your part while the members of the 
 legally organized House are making every effort to secure a 
 peaceable solution of the dangero\is condition we are facing, the 
 repponsibility will rest with you. 
 
 But, my dear sir, your conspiracy against Kansas does not end 
 here. You and your co-workers of the Populist party purpose to 
 go further than this. You have a well-defined plan, after gaining 
 possession of both branches of the Legislature, to impeach Cl^ief- 
 Justice Horton and Justice Johnston, of the Supreme Court. 
 Doster, the anarchis-t, will dishonor the seat so long honored by 
 Judge Horton, and when you control both branches of the Legis- 
 lature, the executive and the judiciary, it will be appropriate for 
 you to haul down the stars and stripes that float over the Capitol 
 
LETTERS TO GOVERNOR LEVELLING. 9 
 
 and run up the appropriate red flag of anarchy and communism. 
 
 For three days and nights the House has been under semi- 
 military control. Your clerk, the adjutant-general, assuming 
 the title of colonel, is in command of the Populist guardians ot . 
 the peace. It is the first time in the history of the State that a 
 clerk of the Governor, called by courtesy the adjutant-general, 
 ever took possession of the police regulations of the House 
 against the wish of its members. 
 
 Governor Lewelling, don't permit the new honors, so hastily 
 thrust upon you by the conglomerate mixture of Democracy and 
 Populism, to cause you to forget your plain duties to all the 
 people. You are not vested with kingly powers, nor are j'ou 
 beyond the reach of public sentiment, as your present course 
 suggests. I would be unmindful of my duty to the public if I 
 failed to say that the real caiise of your previousness yesterdaj' 
 was the fear you and your party leaders had that a number of 
 the more conservative and patriotic members of your party had 
 grown tired of the revolutionarj' methods and the bulldozing 
 spirit of the floor-walkers of the south side of Representative 
 Hall. Executive influence was deemed necessary to hold them . 
 hence jour hasty note of recognition. There are a number of 
 citizens^ Governor, you have not met during your brief residence 
 m the State, who believe that the sooner you comprehend the 
 responsibility due one and a half millions of people, the sooner 
 Kansas will have a Governor who will rise superior to the dicta- 
 tion of a crowd of petty ofiice-hunting politicians w^ho have 
 demonstrated that they are dangerous to the peace and good 
 name of the State. 
 
10 LETTERS TO GOl'ERXOK LEWELLING, 
 
 TO GOVERNOR LEWELLING. 
 Letter No. 3. 
 
 ToPEKA, Kas., January 14, -893. 
 My dear Governor: There is a time to hope, a time to " cuss," 
 and a time to pray. If you will dismiss your_ kitchen cabinet 
 long enough to hold your ear to the ground, 3'ou will hear from 
 more than a million of your constituents the sincere hope that 
 )ou, the head of the State government, will not disgrace yoiir 
 high office by longer encouraging lawlcpsness and treason. 
 You will hear the "cuss" of the fusion Democrat, from basso 
 profundo to high falsetto, in languageof a warm and pjTotechnic 
 character, against his own stupid folly in helping to bring into 
 life a State government in sympathy with lawlessness. You will 
 hear the prayers of good people that you may be led to place 
 30ur influence on the side of law and to help to protect the good 
 name of Kansas against the crime of anarchy. You will hear all 
 this, and learn what you ought to have known before, that the 
 deepest, strongest, and best sentiment in the heart of every Amer- 
 ican, regardless of party or creed, is his love of country. The 
 acLion of yourself and your party in defying law and justice and 
 bringing the lower House of the Legislature to the point of armed 
 resistance to maintain their legal rights, has roused the hoi}' flres 
 of patriotism in the breasts of the people. Stop, Governor, and 
 listen to the warning from more than a hundred counties of your 
 State. To-day you, as the head of this revolution, are discussed 
 all over Kansas and wherever the telegraph has carried the news 
 in other States. Earnest men and women of Kansas are protest- 
 ing against this crime of arbitrary force to deprive the people of 
 representalives legally elected. 
 
 Governor Lewelling, to-day is a most critical one for your 
 reputation; but what is of very much more importance than that 
 is the loss to the honor of Kansas caused bj- this endorsement 
 you have given in your official capacity to the anarchistic agita- 
 tors and lepresentatives of your party. To-day may witness your 
 application offeree to give the minority of fift^'-eight Populists 
 
LETTl'lRS TO (,OVERi\OR I.EWELLINi;. U 
 
 possession of the legislative chambers. Suppose blood flows, and 
 lives are lost; do you suppose you can escape public coudeniua- 
 tiou ? Impeachment for official imbecility and disregard of 
 official obligations would be too slight a punishment for you in 
 such a case. I anticipate that your defense will be, that you did 
 not give the orders that brovaght bloodshed; but you cannot 
 escape the fact that from your own party, from Democrats, and 
 from Republican committees and individuals, you had the most 
 complete information of the situation, and that without your 
 sanction and support there would be no force, and without your 
 full and premeditated co-operation with the revolutionary minor- 
 ity the legal House of Representatives now having sixty-seven 
 members, four more than a constiti;tional majority, would be 
 doing the business for which thej- were sent to the capital. 
 
 Governor Lewelling, if you imagine for one moment that 
 because the minority has your support and recognition, and that 
 of the Populist majority of the Senate, the sixt3--seven members 
 forming the real and legal House will sixbmit to being driven from 
 the hall by j-our " assistant adjutants-general," you do not under- 
 stand the temper, the patriotism, or the courage of these men. 
 They have the moral support of the people of Kansas behind 
 them because the}' are right and because you and your party 
 methods have been an outrage and a crime against the State and 
 the legal rights of these members. It is a most serious situation, 
 Governor, and you and j'our party leaders cannot be so blind to 
 your own interests, if you are governed by no higher considera- 
 tion, as to imperil the lives of men by forcing upon them the 
 humiliation of being driven from seats to which they are justly 
 entitled, or of defending their rights by force. Let me say to 
 you and to 3-our lawless crowd that these sixty-three Republicans 
 and four Democrats will defend their rights. You will be the 
 attacking party, and you will lose, whether the battle is long or 
 short, because you are wrong and defending lawlessness. Nobody 
 in Kansas is fooled as to the merits of the present contest, and 
 the people will rally at this time, as they alwaj-s do, on the side of 
 law and order. 
 
 My dear Governor, there is another matter I intend calling 
 your attention to. Your party has had much to say regarding 
 the legality of postmasters elected by Republicans. You will 
 notice the dispatch of yesterday, January 13th, from the Fourth 
 Assistant Postmaster-General, who says that two Populists hold- 
 
12 LETTERS TO GOVERNOR JEWELLING. 
 
 ing scats and counted as part of your fifty-eight votes, Mr. Brown, 
 of Caven, Pratt County, and Mr. Noble, of Freedom, Butler 
 County, are postmasters at this date, and therefore not legally 
 members of the House. This reduces your minority to fifty-six- 
 Something might be mentioned in this connection about the his- 
 toric beam and the mote, but the authority is probably too old to 
 be of much weight in your party. 
 
 Did you hear the eloquent words of protest at the great mass- 
 meeting in Topeka last night. Governor? Oh! my dear sir, it 
 would have stirred the latent patriotism of j'our heart to have 
 heard the loyal, ringing words. They came from men good and 
 true, regardless of part}-. It is loyalty to law and country that 
 will maintain the Republic, and this was the spirit of that meet- 
 ing, and there were many such meetings last night in Kansas, 
 and there will be more to-night, and on Monday night there will 
 be hundreds. Governor Lewelling, you are in a fair way to be- 
 come acquainted with the people of Kansas. Public sentiment 
 is against your course in recognizing lawlessness as you have 
 done, and when you have felt the stern edict of Kansas, when 
 the force of the opinion of an indignant people reaches you, the 
 honors of your ofiice and the flattery of your advisers -wnll sink 
 into insignificance. Those who at present seem to be directing 
 your course imagine they are advanced thinkers, martj-rs, and 
 reformers, when the plain truth is they are sentimental experi- 
 menters in anarchy and fiat, many of them hating law because it 
 restricts crime and makes labor necessary. Most of your leaders 
 here in Topeka to-day express openly their contempt for all law, 
 human and divine. They feed the fires of prejudice against all 
 forms of property, sow the seeds of suspicion against all people 
 outside their own party, and would turn the world upside down 
 in the firm belief that all change is reform and progress. Their 
 teachings are dangerous to stable government as well as to the 
 peace and prosperity of communities. 
 
 In concluding this letter, Governor, permit me to say that we 
 are making history at this time very fast, and you will be a con- 
 spicuous figure for good or bad. There can be no evasion of 
 your responsibility. You are either for or against Kansas, and 
 it is a plain and a logical proposition that you cannot be for your 
 State and on the side of lawlessness. Governor, stand with those 
 who are building up Kansas, and not with the men whose mis- 
 sion it is to destroy. 
 
LETTERS 10 GOVERXOR LE WELLING. 13 
 
 TO GOVERNOR JEWELLING. 
 
 Lm^TER No, 4. 
 
 ToPEKA, Kas., January 15, 1893. 
 
 My dear Governor : I regret that I am not able at this time 
 to acknowledge the receipt of your answer to my letters, I do 
 not forget, however, your pressing and onerous duties as com- 
 mander-in-chief of the military forces of the State and execu- 
 tive head of the revolution. I have no wish to imcouple the 
 train of thought meandering through your mind this pleasant 
 Sabbath morning, but it occurs to me that I should in strictest 
 confidence inform you of what seems to be in the air — so to speak. 
 It is whispered in the corridors, in the temples of justice, and in 
 the forum, that, contrary to history, your revolution is moving 
 backward. In view of this solemn fact. Governor, I suggest that 
 we correct the record and call the revolution simply "insur- 
 rection." 
 
 One of the painful iucidents of the present rebellion. Gov- 
 ernor, was the severing of the umbilical cord that united the 
 Democratic party and the People's party. There were real tears 
 in the ej'es of Chairman Jones and Jerry Simpson, two of your 
 valiant commanders, when this event occurred. The refusal of 
 the Democrats to be longer mustered under your banners must 
 be a source of deepest grief to you. By their faithful help you 
 now wear the kingly crown of power, and but for their addition 
 to your forces you would be pursuing the peaceful and fruitful 
 avocation of loaning money at i per cent per month. When you 
 shall have attended worship this morning. Governor, and you sit 
 in the Governor's mansion meditating upon the mutations of 
 time and the uncertainties of politics, look beyond the present 
 moment to the close of 1894, when you can lay aside the cares of 
 State and again retire to the Peerless Princess on the banks of 
 the irrigated Arkansas. You can then look back upon the brief 
 but brilliant record of your party, and see that it failed because 
 there was not enough powder behiud the wadding. 
 
 This, however, is no time to indulge in proverbial philosophy. 
 
14 LETTERS TO GOVERNOR LEWKLLTNG. 
 
 or to anticipate the closing hours of an administration cheated 
 by Bellamyism, nursed In- the principles of Doster and Herr 
 Most, and made ridiculous by Simpson and Willits. You, rx\y 
 dear Governor, were not selected because of your anarchistic 
 sentiments or your profoiind convictions that fiat was real, that 
 nothing was something, but because, as a business man, you would 
 be a healthy change over the cockle-burr statesman who preceded 
 3'ou as the gubernatorial candidate on the People's party ticket. 
 It was the year, Governor, in the history of your party, to turn 
 down the farmers as leaders and to turn up the lawyers, doctors, 
 and the money-loaners ; hence you hold the sceptre. Here at 
 the front gate of your administration you have made the mistake 
 of recognizing a fiat House. The massive brains of j'our leaders 
 have become so tangled up in millions and billions of fiat relief 
 that it is not surprising that even you should have been led into 
 error by them, until you really believe 58 to be a larger number 
 than 67. The time has arrived, however, G"vernor, when the 
 people are requesting you, in tones louder than thunder, to cor- 
 rect your mathematics and to adjust your statesmanship to the 
 constitution and the laws. Permit me to call your attention to 
 the mighty voice of the people voting against your fiat House in 
 the great mass-meetings being held all over Kansas. Public 
 sentiment — that can pulverize any man who defies it, in all the 
 Republic — is crystallizing in the utterances of the State press, a 
 few samples of which are presented for your Sunday reading. 
 
 My dear sir, do not imagine that I hold any prejudice against 
 your appointments because I was not consulted in their selection. 
 The strained relations existing between this journal and your 
 party since its organization have no doubt prevented you from 
 seeking my valuable advice. I may, nevertheless, in this private 
 and epistolary manner, bring to your attention some objections 
 I might have urged against your present war secretary, the com- 
 mander under you of the marines, infantry, artillery, and cavalry, 
 as well as the new arm of the service known as " the assistant 
 adjutants-general." I have not the pleasure, 1 regret to say, of a 
 personal acquaintance with "General " Artz, except through the 
 court records of Colorado and his recent war-like utterances in a 
 public mass-meeting. The gubernatorial cloture should at once 
 be adjusted upon his large and vociferous mouth. I do not 
 deem it appropriate to offer the details of the charge and trial of 
 your adjutant-general at Colorado Springs, in the District Court 
 
LETTERS TO GOl'ERNOR LEWELLING. 15 
 
 before Judge Campbell in 1891, unless you or lie should iusist. 
 In my extensive reading of contemporaneous history I find the 
 following personal notice of your war secretary in the Colorado 
 Springs Gazette of January nth, which, I regret to say, is a plu- 
 tocratic sheet, and therefore its utterances are subject to some 
 suspicion. Here is the notice : 
 
 HE WILIv NOT STAY CRUSHED. 
 Most of the residents of this city of two years ago have reason to remem- 
 ber H. H. Artz, lawyer, agitator, and general rustler. His career in this city 
 covered the brief period of about three years, but it was dazzling while it 
 lasted. He managed to keep himself talked about constantly, got into a 
 a number of lawsuits, ran for county judge and alderman of Colorado 
 Springs. His last escapade, however, brought him to grief. He was ciught 
 attempting to bribe a witness in a criminal case, and was fined $1,000. 
 Judge Campbell of the District Court instructed the district attorney to 
 bring criminal charges against him on the grounds of perjury. A suit was 
 also started in the Supreme Court to disbar Artz from practicing in this 
 State, and suits are also pending to secure the payment of the 51,000 fine, his 
 brother having signed the notes for him. 
 
 It seems quite probable just now that Artz will be able to pay his fine, 
 as he was j'esterday confirmed as the adjutant-general of the State militia of 
 Kansas. The new Governor, Lewelling, has appointed him to that position . 
 Artz got his "pull" from the fact that he made one of his "blue dome of heav- 
 en" speeches nominating L,eweUiug in the Populist convention. The office 
 carries a salary, and the adjutant handles the money and the contracts of the 
 State militia. Artz was n»t arrested for perjury, as he left for Kansas two 
 days before service could be had upon him. He was always a great 
 friend of the dear people, and always ready to champion their rights— with 
 his mouth— while he lived here, and he seems to have found his kind of peo- 
 ple down in poor, old, bleeding, bloody Kansas. 
 
 You will observe, Governor, that there is a vein of levity run- 
 ning through the article above that is to be deplored. In the 
 crude and unlettered wilds of Colorado there is not that defer- 
 ence paid to greatness that we offer here in the cultured capital 
 of Kansas. Of course, my dear sir, you will understand that I 
 do not recommend that " General " Artz be court-martialed and 
 shot — at least, not yet. He may be no worse than your other 
 appointees, who will be considered as the revolution progresses ; 
 and besides, it would not be safe in this critical hour of your 
 administration, when 5^ou are facing the responsibility of the 
 second week of the "rump " House, to leave the property of the 
 State and the liberties of the plain people unprotected. 
 
 In closing this letter, Governor, permit me to congratulate 
 you that there were no more blunders that could have been made 
 ill yor.r first week. You exhausted the supply. As I am a candi- 
 
16 
 
 LETTERS 10 GOVERNOR LE WELLING. 
 
 date for an important office, I have refrained from expressing 
 offensively partisan sentiments regarding the history we are 
 making. Seeking office always deprives men of outspoken inde- 
 pendence — but with this fact you are no doubt more familiar than 
 I am. 
 
LETTERS TO GOl'ERNOR LEWELLING. 17 
 
 TO GOVERNOR LEWELLING. 
 
 lyETTKR No. 5. 
 
 TOPEKA, Kas., January 15, 1893. 
 
 My dear Governor: Permit me to say to you that your fail- 
 ure to hear from me the past few days did not arise from indif- 
 ference on my part to your conspicuous labors in the interest of 
 reform and anarchj^ I assure you, sir, that the most reckless 
 ora1/or of your calamitj- party never pictured a more defiant exec- 
 utive head than yourself for a revohitionary movement against 
 the tyranny of law and good order. I read your war proclamation 
 yesterday, written by Assistant Governor Doster, with a suspicion 
 that the present revolution was impairing your abilit}^ to state 
 facts, while you yet retained the capacity of the average speak- 
 ers of your party to substitute bombast for reason and threats of 
 lawlessness for patriotism. It is the duty of the press to point 
 out the public ofl&cers who endeavor to pass gall for ability and 
 windy bravado for courage. That you do not appreciate this 
 portion of the unselfish labors of the daily press is the m.isfor- 
 tune of the State, over whose destinies you will preside for two 
 long years. You state, in the "stump" speech which precedes 
 the military and sanguinary portions of your proclamation, tkat 
 the public meetings held throughout the State to protest against 
 the lawlessness of the minority of the House, the minority of 
 the Senate, and your sympathy with it all, are instigated bj' 
 '' corporate power " and addressed by " corporation attorneys." 
 Your utter disregard of the proprieties due Republican repre- 
 sentatives, as honorable and as useful to their State as 3'ou have 
 been during your brief residence, has been a matter of astonish- 
 ment to citizens of all political parties, but your deliberate insult 
 to tens of thousands of citizens all over Kansas, whose patriotic 
 course j'ou could emulate with great good to the State, is the 
 crowning piece of impudence and bad manners least expected 
 from a chief executive, and the man who ought to be the first 
 geiitleman of the State. 
 
 It was unfortunate for yoxi, my dear doveruor, that j'our 
 
18 LETTERS TO aO]'ERNOR LEWELLING. 
 
 Assistant Governor Doster was not familiar with the facts and 
 incidents relating to the organization of the House, and more 
 especiall}- must it be humiliating to you to learn, through the 
 columns of this excellent family political newspaper, that, not- 
 withstanding the wise and solemn judicial visage of your Assist- 
 ant Governor, he was absolutely in error in every one of the cases 
 cited by him in your pronunciamento. You can see, my dear 
 Governor, how embarrassing this must be to your friends, who 
 are compelled to rearrange their facts concerning the progress of 
 the revolution each morning after reading the Capital, and to also 
 adjust their judicial decisions in accordance with the law as 
 explained so clearly in the official State paper. Of course, my 
 dear sir, no one charges j'ou with the responsibility of misquot- 
 ing the law and precedents, because everybody, even snorting 
 Populists, understand that you do not know- anything about the 
 law, or you would not make these " fool breaks" that must event- 
 iially bring you to the Supreme Coiirt and under the mountain 
 weight of public contempt. 
 
 I am afraid, my dear Governor, that you have not read the old 
 Latin maxim correctly. You have possibly been led to say, " Vox 
 Populist, vox Dei.''' The point you will readily attach to 3-our 
 mind is, that 100,000 voters in Kansas is only one-third of the 
 populi. See? Between the lines of the war-like document I fear 
 I read: " I am the State." Don't try to be bigger than the people, 
 Governor. Political cemeteries are full of alleged statesmen w-ho 
 have tried the experiment. As one of your confidential advisers, 
 let me say. Governor, don't try it. You say that the authority of 
 the State must not longer be disregarded? Do you contemplate 
 military invasion of the House to give the control of thatbodj- to 
 the minority of fifty-eight? Is that the plain English of your 
 threat ? The execiitive head of the State had better take a day off 
 and try to think o\\\. the consequences of such a high-handed 
 outrage before he gives his final orders. 
 
 My dear sir, if the army moves upon the Bastile of the pluto- 
 crats, will you command in person in the full regalia of a militia 
 major-general, or will General Artz, recently of Colorado, com- 
 mand the forces? {Fishback vs. Indian) If you would permit a 
 suggestion from one not rattled with the cares of state, allow me 
 to urge, if there is to be war, if you are determined to wear the 
 gay trappings of a tented field, that yoii make it hot and sanguin- 
 ary. Plant yoiir artillery commanding each wing of the State- 
 
LETTERS TO GOVERNOR LEWELLING. 19 
 
 House, hold well your cavalry in the rear to purstie the enemy 
 when they fly, and, with your infantry supporting your artillery, 
 command the sixty-seven members of the House to at once 
 surrender to the fifty-eight members in the name of the laws of 
 the State as interpreted by Assistant Governor Doster and the 
 Duke of Iowa. If they refuse, let the war for the rights of the 
 people and the constitution as interpreted by the anarchist 
 Clemens begin at once. Give the Bald Hornet of the Neosho 
 orders to shoot the dove of peace if it attempts to break through 
 the gable window of the west wing. In this masterl}' manner 
 the laws and the constitution will be sustained, and the great 
 movement for the freedom of the people from the galling yoke 
 of plutocrac)^ become one of the historic events of the century. 
 The motto that should adorn the breast of everj' soldier and 
 statesman of this army of liberty should be: "We will have 
 peace if we have to fight for it." These are but fragmentary 
 hints for you, as commander-in-chief of the army and navy of the 
 State, to assimilate and expand. 
 
 I listened j'esterday, Governor, in the Senate, to the discussion 
 of a motion to refer the papers in the two contested cases before 
 that body. The one sentiment that seemed to be a key to 
 Populistic reasoning was uttered by Senator Senn, of Dickinson 
 Count)^ He said, in substance, in reply to the legal arguments 
 ably presented by Republicans, that in contest cases no attention 
 should be paid to the law; that thej- should be settled on common- 
 sense principles. With such statesmanlike utterances from 
 senators. Governor, you can go forward in 5'our revolutionary 
 course absolutely certain of support from your part}-. 
 
 In conclusion. Governor, it is scarcely necessary for me to 
 urge you, in the name of patriotism, of peace and good order, 
 and of the business interests of the State, to get away from the 
 pestilential influences that surround you. Send the anarchistic 
 advisers to the rear, and remember that you are the Governor of 
 a great State and an intelligent people who have no sympathy 
 for the law-breaker, no matter what his pretended grievance is. 
 You are responsible for the present disgrace upon Kansas, and 
 you alone can stop it — not by foolish newspaper communications, 
 but bj' calling a halt upon your party leaders, who are bringing 
 upon you the overwhelming condenination <if the people. 
 
20 LETTERS TO GOVERNOR LEWELLING. 
 
 TO GOVERNOR LBWELLING. 
 
 Letter No. 6. 
 
 ToPEKA, Kas., January 22, 1893. 
 My dear Governor: It is a source of congratulation that on 
 this beautiful Sabbath day the revolution can take a rest. You 
 can lay aside the crown and hang up the sceptre. It is your priv- 
 ilege on this blessed day to be free from the army of place- 
 hunters and advisers, and to forget the stream of letters, peti- 
 tions, and telegrams from the loj^al people of your State, praying 
 you to place your administration on the side of law and order. 
 Notwithstanding your seeming coolness toward my letters here- 
 tofore sent you, I am sure j'ou appreciate my disinterested friend- 
 ship and value my advice. Your administration is now two weeks 
 old, and, for a young thing, has attracted wide attention on ac- 
 count of its brilliant and original character, its defiance of pub- 
 lic sentiment, and its reckless disregard of legal forms. Since 
 you read your flamboyant inaugural endorsement of the anarch- 
 istic spirit and the treasonable tendency of your party, only a 
 fortnight ago, Kansas has received more ridicule, contempt, and 
 criticism than ever in a dozen j-ears before. Permit me to call 
 your attention to your message to the Legislature. I have read 
 it carefully, notwithstanding its length in nonpareil, and find it 
 quite like the ordinary Republican document heretofore handed 
 the chief clerk by the Governor's private secretary. The same 
 old heads of finance, education, railroad legislation, prohibition, 
 reformatory, penitentiary, statutory revision, mortgage laws, 
 taxation, etc., that have alwa3-s been discussed by Governors in 
 Kansas and with similar recommendations, some in almost the 
 identical language of this first-pop message. All this, my dear 
 Governor, is not strange or unlocked for. Whatever may have 
 been your campaign, mass-meeting, picnic, and school-house 
 utterances about sweeping reforms in the interest of a down- 
 trodden and suffering people, when you climbed into the guberna- 
 torial chair vou discovered certain proprieties and limitations in 
 discussing the departments ot government — which, by the way, 
 
lETTERS TO COVER SOR LEWELLIXG. 21 
 
 you lound iu remarkably good couditiou, iiotwitlistaudiug the 
 political misrepresentations of your charlatans and mountebanks 
 who were thrown to the surface in the present upheaval. Your 
 recommendations will scarcely satisfy the Populist voter, who 
 during the past three years has been led to believe that Republi- 
 cans were all scoundrels, plundering the oppressed tax-payer and 
 riding rough-shod in corporate chariots over the liberties of the 
 " plain people." No, my dear Governor, j-our message, which is 
 the only temperate document yet emanating from jour oiEce, will 
 not, satisfy the voters of your part}', who have been educated 
 behind locked doors to believe that this great revoliition meant 
 ripping all old plutocratic corporate and Republican laws up the 
 back and down the front. Where is the endorsement of the 
 dearly beloved theor}- of fiat, except in your later war proclama- 
 tion recognizing the " rump " House ? Where is the relief prom- 
 ised the people? Why, sir, I ask in the soprano of the Bald 
 Hornet of the Neosho, is there no recognition of silk-paper mone}? 
 You must have been aware, my dear Governor, when you started 
 your message through the columns of this excellent moral and 
 religious daih', to become a part of the history of the nineteenth 
 century, that you had failed to recommend the building of a 
 single State corn-crib, wheat-bin, or packing-house. WTiy this 
 failure to keep faith with the toiling masses in Kansas, who have 
 regularly paid their dues to keep educators like you, Willitts, 
 Doster, Clemens, Otis, and other tin-horn reformers, firing the 
 heart with prejudice, hate, and sublimated nonsense? Why is 
 there no recommendation reducing the salaries of State and 
 county officers to one dollar per day? W"hy, I ask in Senator 
 Jumper's corn-husking tones, are you silent upon these burning 
 questions of the hour? You have neglected to make a single 
 recommendation to increase the circulating medium in the pock- 
 ets of those who have it not, and the low price of wheat and 
 beef receives no attention at your hands. Is it possible. Gov- 
 ernor, that the close proximity of the executive office to the Santa 
 F6 building has influenced your mind and caused you to ignore 
 the great objects of our order? To be plain. Governor, are .you 
 traveling in the middle of the road, and do you still spell reform 
 with a big R ? 
 
 When I last wrote you, the spirit of war seemed to be ram- 
 pant in the executive chamber. I have waited since your proc- 
 lamation to see yon and your war secretarj-, General Artz, late of 
 
22 LETTERS TO (rOVERNOR LE WELLING. 
 
 the Colorado District Court record, appear iu the brilliant uui- 
 form of the Kansas militia, mounted upon the sprightly Norman- 
 Percherous from the stables of the senator who presides over 
 the Judiciary Committee, How like Don Quixote and his faith- 
 ful Sancho Panza ! As you thundered down Kansas Avenue , 
 your brave hearts palpitating, the observed of all observers, 
 nodding plumes, clanking swords, followed by your body-guard 
 and the battalions of patriots, you would fire anew the martial 
 spirit of the People's party, that only needs a leader to go forth 
 and regenerate and reorganize society, establish justice and rag 
 money, and raise hades generally. After you had proven by the 
 strong argument of the army and navy that 58 is a greater num- 
 ber than 67, could you restrain your forces from marching 
 against Satan himself? 
 
 I do not wish to criticise in a factious manner any member or 
 officer of the rump end of the Legislature, but there occurs on the 
 part of the chaplain a bold attempt to place the Lord iu the 
 wrong political party. Mr. Todd, the able Populist chaplain, 
 endeavors to instruct the Almighty as to the legality of the 
 minority, and while he has a right to appeal the case, it should 
 go through the intermediate courts and exceptions should be 
 filed by the chaplain of the majority and legally organized 
 House. Mr. Todd has made an unfortunate precedent, and the 
 danger exists continually that if he fail to hear a decision upon 
 his petition, he himself will decide it for the Almighty. 
 
LETTERS Ty) COJ'EA'XOh' LEWELIJNG. 
 
 TO GOVERNOR LEWELLING. 
 
 Letter No. 7. 
 
 ToPEKA, Kas., January 24, 1893. 
 
 My dear Governor: Your second proclamation of war aston- 
 ishes your friends and amuses your political enemies. While in 
 tone and character and intent it is similar to your first extraor- 
 dinary production, you introduce some new gubernatorial fictions, 
 which it becomes my duty as a confidential adviser to point out. 
 I can plainly see in the document the wear and tear of the revolu- 
 tion upon your mental powers, since portions of it indicate the 
 paternal care of Assistant Governor Doster, others the irresponsi- 
 ble anarchy of Assistant Governor Clemens, while the eulogistic 
 and highly commendatory sentiments regarding your own 
 brilliant record as a two-weeks governor bear the unmistakable 
 impress of your own master mind. The delicate compliments 
 you pay to yourself, your patriotism and courage, as well as the 
 emphatic endorsement you give your official course, indicate not 
 only the presence of deep-seated modesty, but demonstrate to an 
 anxious, waiting world how_ entirely harmonious you are with 
 }'Ourself. Your boastful utterances remind me of a boy who has- 
 been fooling with young cannon on the 4th of July and rejoices- 
 because he escaped attending his own funeral. In my wander- 
 ings up and down the face of the earth I have noticed that while 
 people universally admire the quality of self-respect, men who 
 are " dead stuck " on themselves are generally considered very 
 fatiguing. You may have noticed for a week past that your 
 fellow-citizens are carrying about with them, for some reason or 
 other, a tired look. 
 
 I must say that this attempt on your part to break into the 
 newspaper field and exalt your very poor and treasonable "stump' 
 speeches into gubernatorial messages to the people has been 
 readily recognized as a severe case of itches scribendi, which you 
 know is a ludicrous but not necessarily fatal disease of the brain 
 when contracted by public officials. Yes, you have got it, Gover • 
 nor, and got it bad; but, under the tender care of your numerou^ 
 
24 LETTERS TO GOVERNOR LE WELLING. 
 
 male and female political nurses, 3-ou will recover. It is a part 
 of the laborious and, I may say, not always appreciated work of 
 the press, which you never forget to compliment, to make many 
 statesmen out of almighty poor timber. We were all willing to 
 do our best in 3-ovir case, and you have not yet kicked yourself 
 beyond our generous care, but we must, in justice to the pride 
 we have in ovir profession, protest against your sophomoric pro- 
 ductions being used to fill valuable space without the benefit of 
 revision. You have a right to go over to Missouri and hunt up 
 an obscure evening paper for an organ, but when you have lived 
 in Kansas long enough to get some of the royal State pride in 
 your soul, you won't do that. 
 
 Let us, however, "return to our mutton." This war proclama- 
 tion No. 2 was issued by your Missouri organ on last Saturday, and 
 was so nearly a repetition of No. i as to escape the Kansas news- 
 paper men. There are some gems of thought contained in it, to 
 which I call j-our particular attention. You say : 
 
 The daily press of your State and the means of reaching large classes of 
 people through expensive mass-meetings are all under the exclusive control 
 of those who seek to weaken the cause of the common people by denouncing 
 unscrupulously your chief magistrate and j'our State senators. The daily 
 press teems with inflammatory utterances containing the basest falsehoods. 
 Mass-meetings, managed by unscrupulous agents of frightened greed, and 
 addressed by men salaried by unscrupulous avarice, have been held in 
 various cities, and have passed resolutions filled with untruthful assertions 
 and vicious insinuations concerning those to whom you have entrusted the 
 responsibilities of administering your State government. 
 
 Governor, do you mean to say that the spontaneous mass- 
 meetings held all over this great State, about which you know so 
 little, are not the honest and earnest expressions of good citizens 
 against your imbecility and usurpation of power; against your 
 treasonable sympathj- with the lawless attempt of the minority 
 to override by your help the will and rights of the majority? 
 You denounce all the men who address these meetings as " men 
 salaried by unscrupulous avarice." All over Kansas men as honor, 
 able as yourself, personally and politically, have raised their voices 
 as patriots for the peace and good name of the State. And yoti, 
 only a resident of the State a very few years, unfamiliar with the 
 people and the laws; you, who left Iowa for Iowa's good, and 
 because your usefulness as a Republican office-holder there was 
 at an end; you, from the office of the Governor, ser^d out these 
 outrageous libels upon the people whom you disgrace as their 
 
LETTERS TO GOlEhWOR f.EWELLIKC. 
 
 t2o 
 
 chief executive. These iitterances would belittle a bar-room 
 loafer. They are false in spirit and fact, and place you in the list 
 of political demagogues who are riding this calamity wave 
 regardless of the cost to the State and the people. 
 
 Through the Republican press at the capital we were brazenly told how 
 this audacious vUliany was to be accomplished. Behind locked doors and 
 with none but Republicans present, a tie reported from Coffey County was 
 dissolved by giving a Republican the certificate. The county clerk of Has- 
 kell Count}- transposed the votes of the two candidate for representative so 
 as to return as elected the defeated Republican candidates, and this was by 
 the then Secretary of State concealed from all but Republicans until the 
 Canvassing Board had passed hastily upon the return and the certificate had 
 been hurriedlj' issued and mailed to the Republican candidate. 
 
 My dear Governor, j'ou seem to forget that you are trying to 
 state facts. The accumulating responsibilities and the increas- 
 ing perplexities of the revolution seem to impair your moral 
 vision. There were no locked doors and there was no intention 
 of defeating the will of the people of Haske! County. Ex- 
 Attoruey-General Ives, as true a Populist as you are, and too 
 honorable a man to lie for political purposes, defended the action 
 of the State Canvassing Board before the Supreme Court. I 
 regret exceedingly, Governor, that it is necessary to draw the 
 deadly parallel upon you, but the object-lesson it furnishes 
 will, I trust, assist you in untangling your mind. 
 
 HERE YOU ARE IN THE CONSTI- 
 TUTION. 
 When my communication ad- 
 dressed to Mr. Dunsmore was de- 
 livered to him, I did not recognize 
 cither a Populist or a Republican 
 House. I did but recognize Mr. 
 Dunsmore as Speaker of the House 
 oi Representatives in its entirety 
 provided for by the Constitution of 
 Kansas. Who are entitled to seats iu 
 that body, by reason of certificates 
 or of evidence of another character, 
 is a question I have no right to de- 
 termine and which I have not pre- 
 tended to decide. The Hovise itself 
 is made by the Constitution the ex- 
 clusive judge of the election returns 
 and qualifications of its own mem- 
 bers, and when Republican members 
 urged me to decide them entitled to 
 the orginization because they held 
 certificates, they simply invited me 
 to an act of gross usurpation. 
 
 HERE YOU ARE AS A LAW UNTO 
 YOURSELF. 
 I recognized Speaker Dunsmore, 
 whose election had been more or- 
 derly and who had been from the 
 very first recognized by your Secre- 
 tary of State; but, limited to such a 
 choice, I do not shrink from saying 
 that in view of the publicly avowed 
 purpose of the Republican press and 
 leaders, I should, had no other rea- 
 son determined me, have recognized 
 Speaker Dunsmore in the interests 
 of the people and of their Constitu- 
 tion. I was not bound to become 
 particeps criminis in such an out- 
 rage. I had been recreant to my du- 
 ty to the people had I not done all in 
 ray power to thwart the contem- 
 plated brazen wrong. I did thwart 
 It, and I boldly proclaim that I am 
 proud that I did prevent the great 
 crime which, but for mj' recognition 
 of Speaker Dunsmore, would have 
 been rendered possible of consum- 
 mation. 
 
26 LETTERS TO COVER NOR LE WELLING. 
 
 It is probably asking too much of }-ou to be consistent while 
 aiding and abetting the present rebellion, but it is absolutely 
 necessary, if 5-ou are to be recognized as one of our regular cor- 
 respondents, that you show some little respect for logic. You 
 cannot hope to attain high rank as a newspaper writer as long as 
 the front end of your article goes galloping off on some consti- 
 tutional road, while the rear end canters off down a dark alley 
 after your personal responsibility. 
 
 You see the point, Governor— you are not now engaged in 
 perforating the air with crucified English in the school-houses. 
 You are playing Governor, and you ought to drop out the hum- 
 bug and nonsense of your campaign speeches. We now come to 
 the nub of your discourse. We often find the thought-germ of 
 a speech in the peroration, the sky-scraping climax, if you please. 
 Your article was written solely to give you an opportunity to 
 make the threat contained in the following paragraph : 
 
 Your chief magistrate cannot for a moment doubt that you will counte- 
 nance such conduct as that of determining to compel him to put the over- 
 burdened tax-payers of the State to the expense of using force to secure 
 submission to the authority you have conferred; nor will you, after such 
 defiance of rightful authority, rightly or erroneously exercised, hold him 
 responsible for the unhappy spectacle such an exhibition of force under 
 such circumstances must present to the world, nor for the still more 
 unhappy consequences which might follow such a veritable necessity. 
 
 Governor Lewelling, the people of Kansas will read with 
 indignation your impudent threat to use force 1o sustain your 
 political party, now claiming the right to control the majority of 
 legally elected members of the Hovise. If you are going to use 
 the militia, why don't you do it without so much blathering 
 nonsense? You have no more right to interfere with the mem- 
 bers of that House than you have with the City Council. The 
 people of Kansas are outraged by the present condition of things 
 at the Capitol, and hold you responsible. That you do not com- 
 prehend your constitutional duties, the obligations due the peo- 
 ple and the State, or the dignity of your position, is too patent 
 to bear argument. 
 
LETTERS TO GO]'EKNOP LEW ELLIN G. 
 
 TO GOVERNOR LBWELLING. 
 
 Letter No. 8. 
 
 ToPEKA, Kas., January 29, 1893. 
 My dear Governor: I hope you have not for one moment 
 beUeved it possible that your failure to hear from me for some 
 days has been owing to a lack of interest in your administration. 
 Not at all. As the veracious historian of this revolution, my 
 time has been fully occupied with the important events of the 
 week. The delivery of your party to the Democrats, the croco- 
 dile tears of the female nurses of your administration, the 
 very slight hesitation of the Populist members to forget all pro- 
 fessions of reform and principle, their endorsement of the trade 
 of a Democratic United States senator for a middle-of-the-road 
 State printer, and the love-feasts, speeches, receptions, and fall- 
 ing upon necks in consequence of this little dicker in official 
 boodle, have been events so exciting and unusual as to interrupt 
 the pleasant exchange of courtesies between us. Your exalted 
 position as the executive head of this "jingo" revolution, your 
 exasperating dilemma of trying to satisfy six hungry office-seek- 
 ers with one office, your duties as commander-in-chief of the 
 army and navy of the State, your daily great act of riding the 
 snorting broncho of Populism and the rejuvenated old cob of 
 Democracy, going in different directions, have no doubt taxed 
 yovir physical, mental, and spiritual natures as never before. 
 While I assure you that I sympathize with you in this great 
 work of reforming the world, I can congratulate you in excelling 
 all your predecessors in the Governor's office in being all things 
 to all men, and keeping before the public your conglomerate 
 administration, which would rank as the funniest show on earth 
 if it were not a menace to the business of the State because of its 
 treason to law and order. Now that the sensational events of the 
 session are past, we can resume this delightful and instructive 
 correspondence. 
 
 How plain it is, my dear Governor, that you are a Populist 
 first and a Governor later on. You believe in the Supreme Court 
 
28 LETTERS TO GO]'ERNOR LEWELLING. 
 
 aud the Constitution and the laws with certain restrictions and 
 under certain conditions. In other words, your sign reads : 
 "Governor Lewelling, loyal citizen, limited; all the laws con- 
 strued on the People's party plan." As your revolution rolls 
 gaily on at the expense of the tax-payers, you vindicate the Re- 
 publican predictions of the last campaign; namely, that you and 
 the other leaders would wreck the State to save your party. 
 Your effort to elect Assistant Governor Doster United States 
 senator was a fitting tribute from the head of the present rebellion 
 against the constitutional authority of the House to the most 
 out-spoken and sincere anarchist in your variegated combine. 
 You supposed that the Democratic end of your party was hold- 
 ing the snipe bag — it was the other fellows. See ? No party ever 
 carried in its tenets aud the public declarations of its orators and 
 writers so much that was vicious and wicked against the peace 
 and good order of society as yours. You, as the head of your 
 party, in your utterances and your messages and interviews 
 written in your ofiice, have been no better and no larger than the 
 school-house orator who demanded in this peaceful agricultural 
 State "relief from the thralldom of our oppressors by the ballot 
 or the bullet." If your approval of the lawless attitude of the 
 minority of the House brings upon Kansas the added disgrace of 
 your using force to sustain your political part}-, as you threaten 
 in the last paragraph of the second pronunciamento, the re- 
 sponsibility of the crime will be yours officially and personally 
 and ought to send you to our asylum at Lansing, where other men 
 are confined for holding iincertain ideas upon the laws and the 
 Constitution, most of them not as dangerous to our State as those 
 you have published since' you became Governor, only twent)' 
 days since. 
 
 You remember your first war proclamation, issued January 
 19th, in which you misstated so many facts. I do not call atten- 
 tion to this latter characteristic as distinguishing it from j'our 
 others, as you will readily understand, but you rather broke your 
 record, in that particular, at least, until you undertook to disown 
 your second pronimciamento, first published iu the Kansas City 
 Mail Saturday evening. January 21st. 1 find in the Democrat of 
 this city of January 24th an article headed- "The Governor 
 Denies It — The Statement Concerning the Alleged Pronuncia 
 
LETTERS TO GOVERNOR LEWELLING. 2t) 
 
 meuto — What the Goveruor's Private Secretary has to Say About 
 It." fh^ Democrat S3.ys: 
 
 What purports to be the second prominciaiuento of Governor jewel- 
 ling appeared in the Mail, a Democratic paper of Populistic leaning, pub- 
 lished at Kansas City. It was not given out to the general press, but is 
 understood to be intended for an extra edition for the homes and firesides of 
 Populists throughout the State. 
 
 THn GOVliRNOR DISOWNS IT. 
 
 Governor Lewelling, when seen by a Democi-at reporter in regard to 
 the publication, denied that lie was its author, or that it was written or pub- 
 lished with his knowledge or consent. He said the statement as it appeared 
 was in part a rehash of an open pronunciation which he had previously 
 given out, but in other respects contained manj- clauses which he had never 
 dreamed of. 
 
 The correspondent who furnished the Kansas Citj' jit/azV with the state, 
 ment purporting to come from the pen of His Excellency claims to have 
 received it from the hands of Fred Close, the Governor's private secretarv. 
 with Governor Lewelling's knowledge and consent. Jlr. Close claims he 
 gave some resolutions on the occasion referred to, but not the statement 
 printed. 
 
 The Poptilist of Topeka has the following notice and testi- 
 mony about this second "manifesto " : 
 
 The " manifesto ' appearing in the Kansas City Mail and reproduced 
 in the Wall Street Capital Liar is a "fake," as will appear by the following 
 reply to a note from the Populist to the Governor's private secretary. 
 "Mr. A. J. R. Smith: 
 
 "The manifesto' in this morning's Capital w-as not known to Governor or 
 any other person here in office until seen in paper. Fred J. Close, 
 
 '^Private Secretary." 
 
 The correspondents of the Kansas City Tunes, Journal, and 
 Star were each sent for and assured by the Governor or Mr. 
 Close that no such document as printed in the Capital and 
 copied from the Mail emanated from the Governor's office. Thej' 
 were told that the manifesto was a rehash of the Governor's 
 document sent out Thursday. January 19th, and that the last one 
 ■was gotten up in the Mail office for sensational purposes. Now, 
 Mr. Close, private secretary to the Dttke of Iowa and Lewelling I. 
 of Kansas, let nie have the use of one of your extravagantly 
 large ears while I offer you some historic facts regarding that 
 war message No. 2. Yon are trying, in your capacity as lord 
 high chamberlain to the Duke, to be a diplomat. Don't do it 
 any more. A diplomat was never made out o.*" a clum.sy, every- 
 day, common plug lian No, you will never be d diplomat, I 
 have before me the original copj' of the second war proclamation 
 issued by the Governor, and given by you at 4 o'clock on Friday, 
 Janitary 20th, in the Governor's office to Mr. Kelly the corre 
 
30 LETTERS 10 GOVERNOR LE WELLING. 
 
 spondent of the Kansas City Mail. It consists of fourteen type- 
 written pages, the tj'pe and ink the same as used in your office, 
 and in the corner of each letter-sheet is the legend, " State of 
 Kansas, Executive Department, Governor's Office." The Mail 
 left out a portion of this document for lack of space, but what 
 was printed in the Mail was reproduced in the Capital, and 
 there is not a single word or letter added to this gubernatorial 
 copy as it came from yovir hand, and this you knew when you 
 wrote 3'our lying card to the Populist. If that ancient historical 
 character, Ananias, were on earth, he would unhesitatingly 
 deliver the medal to you. But why waste powder on jack rabbits 
 when I am " loaded for b'ar " ? 
 
 And now, my dear Governor, you will pardon the frankness 
 so becoming to all true friendships while we converse, of course 
 in the strictest confidence, regarding that war proclamation No. 2. 
 It is not to be wondered at that 3'our mind, unused to the excite- 
 ment of conducting a revolution, should occasionall}' get too 
 full — your mind, I refer to — and spill some of the choicest bits 
 of information. In this way, you see, you sometimes lose conti- 
 nuity of thought, and when you reach up into your mind for 
 some fact you find it missing. And thus your chain of evidence 
 is broken, unintentionally on your part. I have endeavored on 
 this theory to excuse your indiscreet statements about that war 
 document No. 2. Permit me to furnish some missing links of 
 information. Light another cigar, Governor, and, while reclin- 
 ing in an eas}' chair, listen to my story. Ah, yes ! it is true, I 
 know, that you sacrifice much in giving this time to worldly 
 affairs, thus cutting short your reflections appropriate to the day 
 But then you must remember that, as the Moses to lead the 
 children into the promised land, your imperishable glory is in 
 your unselfishness. 
 
 You will recall the fact that on Thursday, January 19th, you 
 had in yoiir office a conversation with Mr. W. G. Kelly, the cor- 
 respondent of the Mail. He asked for a copy of your manifesto, 
 and it was suggested that an extra edition containing that and 
 some resolutions you had received endorsing your conduct could 
 be printed and circulated among the members and State officers 
 for a certain sum of money. On Friday morning you suggested, 
 in a note to Mr. Kelly, that such an extra edition might be sub- 
 scribed for by the members and State officers. This Avritten sug- 
 gestion — Ah there! do you follow me closely. Governor? — was 
 
LETTERS TO GOVERNOR LE WELLING. 31 
 
 attached to a subscriptiou paper by the correspondent of the 
 3Tail and the money was readily subscribed. These lists con- 
 tained the names of all the State officers and many Populist 
 members, Mr. Kelly was told to call for the copy during Friday 
 afternoon, and at 4 p. m. on Friday proclamation No. 2, as printed 
 in the Kansas Citj- 3fail of Saturday, January 21st, and copied 
 therefrom in the Capital of the next Tuesday, and commented on 
 in my letter No. 7, was handed to him by your private secretary, 
 Mr. Fred J. Close. When you and your private secretary denied 
 the authenticity of the manifesto, the correspondent sent to the 
 Mail office for the original letter for comparison with the printed 
 one. It was turned over to me as one of the interested parties 
 in the controversy. It bears the marks of the editor's pencil 
 where he marked out portions, as stated in his paper, and also 
 the foreman's office marks. It was divided into twenty-eight 
 "takes," in printers' lingo, and there is not a word or line added 
 or changed. Here you have the absokite proof that you and 
 your whole kitchen cabinet have been swearing falsely about this 
 document for a week. I hold the original, my dear Governor, 
 which I can show 3'ou at any time. As to its genuineness and as 
 to the truthfulness of the facts as above stated there can be no 
 shadow of doubt. Have I made myself clear. Governor? Let 
 me see; there is a nugget or two marked out bj;- the editor of the 
 3Iail that might assist you to recall all of these missing facts. 
 Here I find, in the very first page, the following eloquent passage, 
 which I hasten to snatch from oblivion. You say: 
 
 But at their weary toil from sunrise till dark, living on their farms or 
 in the remote suburbs of cities where rents are cheapest, not daring to be 
 up at night because they must rise before daylight and resume their next 
 daj-'s ill-paid dreary drudgery, they and their friends being too poor to hire 
 opera houses or great halls in which to meet, the plain people of Kansas — 
 the sons and daughters of toil, the great mass of the population of the State — 
 have not spoken. Hundreds of them dare not speak their honest opinions 
 because of the loss of employnient which they know would certainly follow 
 the free utterance of their sentiments. 
 
 Do you not recognize 5-our literary gait in those thrilling 
 sentences, Governor ? On page 7 I find another gem that the 
 ruthless ATazV editor trust his pencil through. By reference to 
 the duplicate copy you no doubt have in your office 5'ou can see 
 that I quote you correctly. Beginning with the fifth line on page 
 7, yoix say : 
 
 Meantime vituperation continues to be hurled at your chief magistrate 
 by a partisan press, and every conceivable false statement is persistently 
 
32 LETTERS TO GOVERNOR LE WELLING. 
 
 put forth in memorials, speeches, and resolutions of partisan assemblies. 
 As your Governor, it is my duty to tell you the truth about these matters, 
 and I shall do so. No honest man will gainsay a word of what shall be 
 stated here. Let candid people judge whether a love of the people or a 
 malignity born of plutocracy's fears has mitigated the outrageous libels 
 published by unscrupulous men concerning the State officers in whose 
 integrity you put the confidence manifested by your votes. 
 
 There, my dear Governor, don't j-oii discover in that string of 
 balderdash your strong originality? You can now see clearly 
 that if it was a foolish thing to give out such stuff for publi- 
 cation, how tnuch fooler (excuse the new word— in a revolution 
 everything goes) it was to deny having written and furnished it 
 for publication. The daily press will be a help and support to 
 your administration as soon as you drop the demagogy of a Peo- 
 ple's party politician, seeking by all the arts and tricks to give 
 your party an advantage it is not entitled to in law. Until your 
 course changes, Governor, you are liable to have the same un- 
 happy sensations each night when you lie down to woo " nature's 
 sweet restorer" that the man had who unwisely toyed with the 
 buzz-saw. 
 
LETTERS 7\> COIT.RXOR LE WELLING. S3 
 
 TO GOVERNOR LEWELLING. 
 Letter No. 9. 
 
 ToPEKA, Kas., February 5, 1893. 
 My dear Governor: Another week of blizzards and revolu- 
 tions has passed into the tomb of history. The continued solici- 
 tude I have felt in your effervescing administration has possibly 
 not escaped your discriminating powers of observation. The 
 absolute frankness you have encouraged me to indulge in during 
 this charming correspondence leads me to say that you will go 
 down in history as the greatest mathematical politician of the 
 age. You have proven to the world that 58 is greater than 63, and 
 this one great discovery may yet change the very foundations of 
 our government. The elaboration of this wonderful new prin- 
 ciple may be a solution of the problem of how to make fiat dis- 
 count the real, and anarchy excel law and order. Excuse the 
 apparent levity of the remark, but what a mascot you would be 
 to the revolutionists of old Mexico. By the way, have you noticed 
 how the old Sandwich Islands are all torn up with a revolution 
 something like our own, and that the gentlemanly barber, Mr. J. 
 A. McCandless, formerly of Manhattan, in this State, and Mr. J. 
 Emmelmuth, the clothier, late of Atchison, figure conspicuously 
 as [signers of the articles deposing Queen Liliuokalani of the 
 Hawaiian Islands? Kansas never permits a procession to pass in 
 an)' part of the world without having some of her distinguished 
 citizens bearing a banner near the brass band. At this time Mr. 
 McCandless and Mr. Emmelmuth have assumed the responsibil- 
 ity of standing up for Kansas in Hawaii. It would be a graceful 
 and an appropriate thing for you to do, my dear Governor, to 
 offer the rulers of the effete East a pointer in diplomacy and 
 etiquette, by addressing a brief note of condolence to the widow 
 of the late John O. Dominis, whose queenly title taxes the powers 
 of elocutionary gymnasts. Permit me to suggest something 
 like the following for your cablegram : 
 
 From the Duke of Iowa, Lewelhng I. of Kansas, to ex-Queen LiliuoJialani, 
 widow of (he late Johyi O. Dominis , gyeeling : 
 I tender you the services of the army and navy of my empire to sup- 
 
at LETTERS TO (.OVERXOA' IJ:]\i:i.LIX(:. 
 
 pr-fss the plutocratic tools of Spicokels. Shall 1 send you General Artz ? 
 You have my tender sympathy. I am doing some revolutionarj' work here 
 in my own kingdom. 
 
 My dear Governor, a message of that kind would indicate 
 that the Atlas weight of your own revoltttion did not prevent you 
 from recognizing the proprieties due from one ruler to another; 
 and besides, Mrs. Dominis might possibly have use for General 
 Artz. 
 
 Next Tuesday, February yth, will end the fottrth week since 
 the revolution under yotir personal supervision began making 
 history and destroying the remnant of credit and State pride 
 your party had not been able to blot out. We seem to have 
 arrived at that point known to -all spasmodic movements where 
 stagnation sets in. The noisy hum of statesmanship, the audible 
 directions of the Populist steering committee, the valuable efforts 
 of those seeking minor offices, even the "stump" speeches of 
 Chaplain Todd directed at the Lord, have all lost the spirit of the 
 first stormy days of the rebellion. The new statesmen have come 
 in contact with the historic stone wall, and they are trying to 
 think. Reforming the world in a day is a big job, and the first 
 half of the session is squandered. There is an absence of the 
 former joyful sounds of the timbrel and the hewgag. The monotony 
 might be relieved by another war proclamation. It is true that 
 No. 2 did not fire the hearts of the "plain people," nor arouse the 
 Bald Hornet of the Neosho to the heroic effort of annihilating 
 the organization of the rebellious sixty-nine, but your discerning 
 mind will readily grasp the fact that something mitst be done to 
 check the wheels of the revolution or it will surely begin to roll 
 backwards. One of the incidents of the week, which was signifi- 
 cant only as being full of the usual brag and bluster, was the 
 letter of Mr. Dunsmore, who presides over the Ben Rich House, 
 demanding, on the line of your proclamation No. 2, that the legal 
 House now composed of sixty-nine members acknowledge the 
 supremacy of the fifty-eight Populist members. 
 
 The same contempt for law, the same spirit of disrespect for 
 the courts that has pervaded the speeches and the writings of 
 the Populist members of the Legislature and the State officers, 
 particularly yourself, the same lack of State pride and patriotic 
 sentiment, were behind, in front of, and completely filled this 
 communication of Mr. Dunsmore. You were given the credit as 
 
LETTERS TO GO]ERM)R LEWELLIXG. 85 
 
 well as the blame for having inspired liis insolent threat against 
 the legally organized House. The dignified and forcible reply of 
 Speaker Douglass to Mr. Dunsniore was an evidence of the extra- 
 ordinary patience with which men who have absokite confidence 
 in the righteousness and legality of their case can listen to empty, 
 boastful pretenders. 
 
 Has it ever occurred to you, my dear Governor, that the teach- 
 ings of the past three years behind locked doors and shrouded 
 windows, at mass-meetings and at picnics, are going to do more 
 than give you the offices you were all after? What was the foun- 
 dation of your school-house oratory? It was to arouse the preju- 
 dices of the producers against the consumers, to make the man 
 who lived in the country believe the man who lived in town was 
 his enemy. To wan the favor of the workingman and the farmer 
 by flattering him that he was a purer, better man, a more honest 
 and a more patriotic citizen, than those who lived in towns and 
 cities. You aroused class prejudice and endeavored to build a 
 party upon the hatred of one class against another. You made 
 the farmer believe he was more useful than the merchant, doctor, 
 banker, lawyer, editor, or manufacturer. These false ideas are 
 the foundation stones of the Populist party. The demagogues of 
 your party preached openly that the consumers were robbing the 
 producers and that every Republican. was a personal and political 
 enemy. These were the doctrines you inculcated upon which to 
 build your demand for class legislation and fiat schemes and 
 heresies of the most impractical character. The elections for two 
 years past in Kansas have been upon this basis. Your party has 
 promised all kinds of reforms by legislation. Now, in the third 
 Aear of its history, it is captured by the Democrac3\ the farmers 
 are sent to the rear as leaders, while doctors, lawyers, and money- 
 loaners like yourself secure the offices. 
 
 Another cardinal principle of your organization was that the 
 office should seek the man, and not the man the office. Inside of 
 thirty-six months every office to be filled and every new one to 
 be created is pursuing from ten to fifteen men. Up one flight of 
 stairs and down another, through one corridor into the next, out 
 <.f one office into another, through the Senate chamber, across 
 the Appian Way to the House, the remorseless offices pursue the 
 unhappy Populists. There have never before been witnessed such 
 heroic efi'orts of patriotic men, pure, unselfish men, devoted to kill- 
 
;-i(i LETTERS TO GOVERNOR l.EWELJJNG. 
 
 inj^ tyranny, to escape the bondage and corrnption of office. iJay 
 after day, since the 9th of January, has the sprinting contest been 
 going on in our State capital. You, my dear Governor, have seen 
 noble sons of toil who have been wont to heap contumely on the 
 office-holder, exhausted by their daily efforts to escape office, at 
 last succumb because nature could no longer sustain the unequal 
 contest. You have seen them in these supreme moments grandly 
 rise to the responsibility of the hour and become sacrifices for 
 their country's good. Touching scenes of this kind have come 
 under my own observation. I have even seen two and three 
 members of the same family thvis called upon to respond to the 
 sacred call of duty. It is thus "our people" are teaching the 
 plutocrats the highest duties of unselfish citizenship. Ah! my 
 dear sir, we must stand by the grand principle that the office 
 should seek the man if it kills off half the members of our 
 noble order. 
 
 From peaceful Cloverdale in Chautauqua County comes a 
 statesman who has evolved the most original idea that the great 
 aggregation has produced during the week. Senator Jason 
 Helmick has offered a bill in the Senate which provides that all 
 the count}' offices, except county attorneys, shall be let and 
 awarded like the keeping of the poor, the furnishing of coal, and 
 county printing, to the lowest competent bidder. All this shall 
 be done by the county commissioners. Just why county attor- 
 neys should be left out I cannot understand, or why a Populist bill 
 should demand competency on the part of a county officer puz- 
 zles me greatly. This is a wonderful bill, and its possibilities 
 are immense. Extend this same method to State and United 
 States Senate and Congressional offices, and your mathematical 
 mind, my dear Governor, can readily comprehend the benefits. 
 Men will be relieved from the expenses of a canvass and escape 
 the toils of a nominating convention; all they need do is to sub- 
 mit a sealed proposal and await the inevitable. Thus all the ex- 
 penses of political speeches, hiring halls and brass bands, and 
 torchlight processions will go into the legitimate channels of 
 trade. What a practical piece of statesmanship. Long live the 
 hero of Cloverdale! Under such a simple system no interest 
 whatever need be taken in the delegates from the bloody Second 
 Ward, and the kickers of the Fifth Ward would have to go dry. 
 In the sale of the United States senatorship Mr. Watkins, of the 
 plagiaristic Athens of Kansas, would bid as high as he had in the 
 
LETTERS TO GOVERNOR LE WELLING. 37 
 
 present campaign. All this would mean less sentiment and more 
 business in politics, and lots of money would be saved to loan to 
 the "plain people" on "jimson-weed" farms. 
 
 I know that your path of duty, my dear Governor, is somewhat 
 rocky at this time, notwithstanding the large amount of advice 
 shipped to 3-ou bj- admiring friends. You have an able and dis- 
 tinguished staff of socialists, long and short haired anarchists, 
 and various styles of cranks seeking to get an occasional hour 
 with the helm of the ship of state, and thefore it has seemed to 
 me all the more necessary that I should in this quiet Sabbath 
 hour drop a kernel or two of wisdom into your mind for possible 
 germination. You can't run a party and a State with a lot of 
 small, smooth-bore politicians who live upon the gospel of hate, 
 who can not distinguish between brains and the jaw-boiiC of an 
 ass, who believe that pulling down all established laws, usages, 
 and customs is reform. In conclusion, my dear Governor, I can 
 only say, get right with your State and its laws, broaden out and 
 be a Governor for all the people of Kansas, and we will sustain 
 you. All that all the people ask of yoii is honest, earnest, patri- 
 otic conduct in the affairs entrusted to you, and this much you 
 have failed to offer them i;]) to date. 
 
38 LETTERS TO GOIERNOR LEWELLIhC 
 
 TO GOVERNOR LBWELLING. 
 
 Letter No. 10. 
 
 TOPEKA, Kas., February 12, 1893, 
 ]\Iy dear Governor : We still continue to travel the dull and 
 monotonous road of mediocrity and fiat legislation. The warm 
 sunshine that comes to us with the approach of St. Valentine's 
 day admonishes you and me and the other horny-handed sons of 
 toil that the time for spring plowing is at hand; the first crocus 
 will soon bloom, and the oats should be sown without delay. My 
 sympathy has gone out to you during your heroic struggle v/ith 
 your disheveled conscience the past week. In filling the offices 
 not yet vacant, I saw the high resolve on your part to be true to 
 the star-eyed goddess of reform, and a mocking, cruel world will 
 never know the perspiring effortyou have made to make good fifty- 
 three promises for the three offices of Railroad Commissioner. 
 Whatever may be the tumultous feelings in the bosom of the Peer- 
 less Princess over your official action in selecting the three Popu- 
 listic statesmen who are to wreck the railroads of Kansas, it is 
 time Tom Fitch understood that the promises made in the heat 
 and confusion of a midsummer nominating convention ma}' be 
 blasted by the political polar waves that succeed election. The 
 Princess may tear her beautiful auburn tresses over the too early 
 cooling of your love, but she must remember that, burthened as 
 you are with many similar complications regarding other offices, 
 and as the commander-in-chief of the doiible-headed reform move- 
 ment, you can not be confined in your official action b}' any 
 promises you may have made persouall}' while yet only an hum- 
 ble citizen of the metropolis of Oklahoma. The keeper of the 
 keys of that retreat at Lansing — that colony of advanced thinker^ 
 who at various times and places demanded a division of property 
 they had not earned — was easily selected, and so was the Superin- 
 tendent of Insurance, altlumgh the office will not be legally 
 vacant for over two years. lUit the great cause of protecting the 
 "plain people" against plutocracy can not be hindered for aa 
 
LETTERS TO GOVERNOR LEWELLING. 39 
 
 hour by any little coiiveiitioiialities of law or precedent, aud, ' 
 therefore, the official guillotine of the executive council has 
 been busy. 
 
 It pleases nie, my dear Governor, to see you buckle the sur- 
 cingle of your agricultiiral administration a little tighter and 
 turn the official search-light upon the monopolistic condition of 
 the Capitol city. It was but a matter of justice that the good 
 Dr. McLallin, who has been carrying water and fuel and building 
 fires in your political household since its brief but tempestuous 
 life began, should be rewarded for his labors by appointment as 
 Commissioner of Elections. The good Joseph, thus relieved, has 
 been a mocker of the grips and signs of the brethren who dwell 
 in the Citizens' Alliance, and he can seek pastures new. Your 
 kind appreciation of my suggestions in the past emboldens me to 
 speak for some of ni}- fellow-citizens whose shrinking modesty 
 hides their extraordinary ability. These gentlemen are leaders 
 of your party, living here in this beautiful city of schools, churches, 
 and pleasant homes — which features, we maj- add in passing, are 
 indicative of a prosperit)' that should be pulverized, because, 
 where the wailer of woe cannot successfully do business your 
 party refuses to have a majority. These gentlemen have been 
 industrious for the success of your party in this county and in 
 the State with but little aid from the real farmers. They want 
 recognition at your hands. Thej^ are men of political experience, 
 as most of them have trotted for consolation purses in all the 
 various parties, before yours, Minerva-like, burst upon the world. 
 Many of them, through the leniency of kind-hearted judges, are 
 permitted to call themselves lawyers, and for their industrious 
 cultivation of agricultural-law and landscape-gardening politics 
 should now be provided by you with some legitimate means of 
 obtaining a livelihood. Ah, yes! my dear Governor, I anticipate 
 j-our reply, that you have many such to care for; but if you wish 
 to retain these leaders, organizers, and pushers in your party, you 
 must reward their unselfish sacrifices with some oleaginous office. 
 I want nothing for myself, Governor ; I plead for those who have 
 strained their vocal organs defending the oppressed farmer. 
 
 The evangelizing influences of General Ballington Booth dur- 
 ing the week did not seem to reach the executive chamber. If 
 they had, my dear Governor, you would not have forgotten the 
 promises yon made to the representatives of organized labor who 
 
40 LETTERS TO GOVERNOR LEWELLING. 
 
 called to urge the appointment of Mr. H. M. Ives as Labor Com- 
 missioner. Mr. Ives, who is the president of the Kansas Federa- 
 tion of Labor, a resident of Kansas for eleven years, an intelligent 
 and competent gentleman, was endorsed by fifty-four of the sixty- 
 five organizations in the Federation, by miners' unions represent- 
 ing 7,000 or more voters, by Senator Martin, General Weaver, 
 Samuel Gompers, president of the National Federation of Labor, 
 and by many Populist members of the House. You may remem- 
 ber to have said 3'ou would be guided "by the preponderance of 
 endorsement of the labor element." Mr. Ives had it; but, like 
 many another statesman, you were "short "on memory and "long" 
 on promises. One objection you made against Mr. Ives was that 
 he was a Democrat. And yet. Governor, neither you nor one- 
 fourth of your windy statesmen would be on the rolls if it had 
 not been for Democratic votes. You appointed one Todd, and 
 the labor organizations of the State are asking, "Who in thunder 
 is Todd?" Thus another pretense is punctured. 
 
 You have no doubt heard the rumblings of discontent among 
 the people growing louder and louder each day, protesting against 
 the foolish waste of time and money, the idiotic travesty upon 
 legislation, and the lack of dignity and absence of good spnse in 
 the present proceedings. It may be that you are too busy tiying 
 to appease the army of office-seekers that besiege you to really 
 comprehend the widespread indignation toward your attitude 
 and at the ridicule and humiliation your party is bringing upon 
 our State. 
 
 The cleverly planned conspiracy that has brought about tlie 
 present situation here at the Capitol has been made clear by the 
 events which have transpired since the assembling of the Legis- 
 lature on January loth. The conspirators meant to gain posses- 
 sion of the House of Representatives by seating on the day of 
 organization ten contesting members. Your party had on the 
 floor of the House fifty-eight legal members on the first day of 
 the session, while the Republicans and Democrats together had 
 sixty-seven legal members. The ten bogus members of your 
 party were sworn in before the meeting of the Legislature and 
 placed upon the roll made by Ben Rich on January loth, and five 
 of them voted. These men, as you know, did not possess one 
 iota of evidence to show that they had a right to be upon that 
 floor, and yet formed a part of the pretended constitutional 
 
LEllERS TO GOVERNOR LE WELLING. 41 
 
 majority of your party. I have before me a copy of the roll made 
 by Ben Rich containing the ten bogus members added by him to 
 the printed roll. This roll prepared by Ben Rich bears the fol- 
 lowing statement written in his hand : " Present at roll-call Jan- 
 uary lo, 1893, and answering to names." Each Populist jDresent 
 was checked. Governor Lewelling, did you not positively know 
 that these ten contesting Populists, without certificates of elec- 
 tion, would be upon the House roll of January loth and form a 
 part of your pretended constitutional majority ? And do you not 
 know that they had no right to be on that floor or on that roll 
 read by Ben Rich.-* If you, or Ben Rich, or any other man or 
 men, had the right to place those men upon the roll without 
 even the semblance of an examination of their claims to member- 
 ship, and before the Legislature was organized, had you not the 
 same right to declare every Republican member's seat vacant ? 
 Oh, shame upon such an open-faced political crime! And you. 
 Governor Lewelling, were not only one of the parties necessary 
 to make this outrage upon the rights of the people successful, 
 but you were deeper than this in the conspiracy to rob the 
 majority of the House of their legal rights. 
 
 Listen! The conspiracy was this : five members of the Sen- 
 ate were to be unseated by contest, giving the Populists a two- 
 thirds majority, to enable that body, under the statute, to dis- 
 solve the Supreme Court, and thus get rid of all the legal pro- 
 tection the people to-day have against your usurpations of power. 
 By seating ten members in the House you secured both Houses. 
 Your very hasty recognition of the House was your part of the 
 conspiracy. The blunders of the little old man who is trying to 
 be Secretary of State, in not properly sending the notices of con- 
 test to the President of the Senate, caused a break in your pro- 
 gramme that even the monumental gall of the senatorial majority 
 has not been able to surmount. Their fire contest Ccses have 
 decreased to two, and these are not supported by evidence suffi- 
 cient to warrant the Senate in acting upon them, as was intended. 
 The conspiracy was well planned, and, but for the blunders on 
 the part of the Secretary of State and the lack of courage on the 
 part of the "rump" House, would have made the blackest polit- 
 ical chapter that ever disgraced any State. All this you have 
 been a part of, Governor Lewelling, and you stand to-day before 
 the people of Kansas as having used your high executive office 
 
42 LETTERS TO GOVERNOR LE WELLING. 
 
 to place the minority of fifty-eight in control, against the legal 
 majority of sixty-seven. The plan to capture the two-thirds 
 majority in the Senate by five contests, possess the organization 
 of the House by ten fraudulent members, take possession of the 
 Railroad Commission, — although the terms of the old members 
 have not expired, — to depose the Insurance Commissioner in the 
 same way, to change the law relating to the secretary of the 
 State Board of Agriculture, State Librarian, and State Historical 
 Society, so that the Populists could be placed in control of every 
 office, and to remove the members of the Supreme Court if nec- 
 essary, formed the plan of the conspiracy hatched by your legal 
 advisers. Judge Webb, Doster, and Clemens, and accepted and 
 acted upon by you and other leaders of your party. This is the 
 indictment I file against you. The people are not blinded for 
 one moment t® the seriousness of this situation, and your farce 
 of placing the responsibilit}- of a do-no*thing policy upon the 
 Republicans and Democrats acting with them is transparent to 
 all. I have before me also a copy of the original journal of the 
 "rump" House, which differs from the recent attempt to .make 
 up a new journal. Your conspiracy was based upon an utter 
 disregard of the legal and moral obligations due the people of 
 Kansas. It has failed, and there is but one way out of the dis- 
 graceful situation in the House, and that is for you, via the Su- 
 preme Court, to recognize that sixty-nine members now presided 
 over by Speaker Douglass constitute the legal House of Repre- 
 sentatives. If you and Mr. Dunsmore and the Populist leaders 
 of the Senate believed in the legality of the "rump " House, why 
 have you hesitated to do business? Why do none of the "rump" 
 House bills find their way to the Populist Senate, and why has 
 the Senate not sent its bills to the "rump " House ? All this is lo 
 build up the People's party; the expense and disgrace to Kansas 
 is for the benefit of Populism run mad. 
 
 My dear Governor, Shakespeare, that great reader of passion 
 and motive, sized you exactly when he wrote: 
 " But man, proud man ! 
 
 Dressed in a little brief authority, 
 
 Most ig-norant of what he 's most assured, 
 
 His glassy essence, like an angry ape, 
 
 Plays such fantastic tricks before high hcaveu 
 
 As make the angels weep." 
 
LETTERS 'JO GOyERAOR LEU ELLIS G. 4:5 
 
 TO GOVERNOR LEWELLING. 
 
 Letter No. 11. 
 
 TOPEKA, Kas., February 19, 1893. 
 " Farewell the neighing .steed, and the shrill trump. 
 The spirit-stirring drum, the ear-piercing fife. 
 The royal banner ; and all quality, 
 Pride, pomp, and circumstance of glorious war 
 And, O you mortal engines, whose rude throats 
 The immortal Jove's dread clamours counterfeit. 
 Farewell ! Othello's occupation 's gone. " 
 
 My dear Governor: The whole State of Kansa.s to-day con- 
 gratulates you upon being a greater failure as a soldier than ;is 
 a statesman. That our people escaped the deplorable disaster of 
 a bloody conflict is due more to your vacillation than to your 
 courage; more to your fear of consequences to yourself and j'our 
 party than to your patriotism. While we are no longer menaced 
 by the grim visage of war, we yet have the revolution with tis. 
 The campaign only settled one point, and that was the right of 
 the legal House to the exclusive use of the chamber erected for 
 the House of Representatives. Where Mr. Dunsmore's political 
 friends ma)^ gather for counsel and an exchange of parliamentary 
 courtesies, is a matter of the slightest importance. It seems to 
 me, my dear Governor, that it has cost a good deal of valuable 
 time, much noise, many speeches and resolutions, and some 
 money to settle a question, the answer to which was apparent to 
 a large majority of the people of the State on January loth. 
 Reform, however, is always expensive, especially when it is not 
 genuine. "The war in Kansas" attracted the attention of the 
 country to the existence of much stupidity, of a lack of patriotism 
 and State pride that ought to have been carefully concealed 
 behind our 9,000 school-houses. Our army and navy did not 
 seem to be filled with that enthusiasm for the war for the stip- 
 pression of the Republican party that marked the enlistment in 
 this State in 1861, when the punishment of treason was the issue. 
 Your war secretary, recently imported from Colorado, did not 
 inspire that degree of confidence in the army essential to the 
 
44 LETTERS TO GOVERNOR LE WE LUNG. 
 
 success of a great commander. The explanation is obvious. 
 The reorganization of the land forces should begin at once, and 
 none but Populists be permitted to enlist. Tphe events of the 
 past few days have no doubt proved to you beyond cavil that you 
 can not build your dynasty, my dear Duke, without complete 
 possession of all the courts, appointive offices, and the army and 
 navy, down to the private in the rear rank. There can be no 
 established paternalism until Republicanism is extinguished. 
 This proposition may be set down as an axiom, and your Assist- 
 ant Governors, Webb, Doster, and Clemens, will no doubt cite 
 you many historical references from the annals of the French 
 Revolution to sustain this principle. The Republican officers of 
 the National Guards should at once be court-martialed and shot, 
 and every member of every company of the army most rigidly 
 examined. If he does not possess the grip and sign of the 
 glorious order that forms the foundation of the People's part}-, 
 he should be discharged. At anj' moment it may be necessary to 
 call the army and navy together again to resist the decisions of 
 the plutocratic courts and other minions of the law. At such time 
 it would be of first importance to have none but members of the' 
 People's party on guard as soldiers of the dynasty. The war 
 department under General Artz becomes the safeguard of your 
 administration, and may be absolutely essential in permanently 
 establishing your title as Diike of Iowa, Lewelling I. of Kansas. 
 I notice, my dear Governor, that some of your senators, mis- 
 understanding your official action in bringing the recent war to a 
 close, have criticised your conduct. In a great revolution such 
 as you are superintending there will arise mutinous officers from 
 time to time. They are mere incidents and have marked all 
 great movements. Others, more discreet, pound the enemy. 
 Senator Leedy brought up the ancient topic of moving the capi- 
 tal. This is always popular, and, as it is harmless, shows the 
 wisdom of mature statesmanship. But this senator's mouth — 
 like the militia — is not always under control, and its mechanical 
 construction is such that a certain amount of action must take 
 place before it comes to a stop. Hence he should not be held too 
 strictly responsible. Senator Deunison labors under the same 
 misfortune with his vocal organs, but his speeches do not inter- 
 fere M'ith his making a State reputation as thephysical end of the 
 Judiciary Committee. 
 
LETTERS TO GOJ'ERXOR I.E]\'ELLTNC. 45 
 
 If the goveruiiieut of the State were to he in the hands of the 
 Populists in the future, then tlie propriety of moving the capital 
 out of a country that jgives from 2,600 to 3,000 majority against 
 the treason and anarchy of Populism and for the Republican 
 party, becomes apparent. The sheriff in such a county is not the 
 kind of a peace officer the Leedy crowd is looking for. A city of 
 40,000 inhabitants without a saloon, with forty churches and 
 splendid schools, is not the best place to locate a capitol building 
 for the disciples of fiat, repudiation, and Herr Most. In view, 
 however, of the results ot the late war. Republicans should be 
 considerate of the intemperate feelings of those who pursue the 
 phantoms of Populism and the alluring promises of PefFer's 
 "Way Ovit." Even the prayer of the spiritiial adviser of the Pop- 
 ulistic majority of the Senate, brief as it was, convej-ed to the 
 Lord the deep depression of Rev. Biddison's mind. He said: 
 "May God have, mercy on our treason-infested State." What 
 appears very singular in this ambiguous appeal is that the chap, 
 lain should permit the higher court to determine who is guilty of 
 treason. 
 
 My dear Governor, let us review brief!}- the events of the 
 week. The first act of the legal House on last Monday, February 
 13th, "befoh the wall, sail," was an effort to get the real question 
 at issue before the Supreme Court. Mr. Chambers, chairman of 
 the Elections Committee, recited the fact that one L. C. Gunn, of 
 Labette Countj-, refused to recognize the summons of the legal 
 House to appear as a witness in the contested case of John L. 
 Huriiphre)-, of Labette County, and ofTered a resolution, as the 
 sense of the House, that he be arrested for contempt. This reso- 
 lution was passed, he was arrested, and his case is set for a hear- 
 ing next Tuesday, FebVuary 21st. On Tuesday, the 14th instant, 
 the legal House, presided over b}^ Speaker Douglass, in order to 
 bring the question of the illegality of the Dunsmore House still 
 further before the courts, passed a resolution ordering the arrest 
 of Ben C. Rich, who, as acting clerk of the "rump" House, was 
 disturbing the order and peace of the legal House. The attempt 
 to arrest Mr. Rich on that day was the beginning of the war. 
 Upon the adjournment of the legal House on the afternoon of 
 Tuesday. Mr. Dunsmore's House took possession and locked the 
 doors of the legislative hall. You will please follow me closely. 
 Governor, as your memory does not seem to be of a stalwart 
 
-Ki LETTERS TO (rOJ'EA'XOR LEU'E/JJXC. 
 
 character. On tlic aftt-riioou of Tuesday, after the attempt to 
 arrest Ben Rich, a large uutnher of deputy sergeants-at-arms 
 were sworn in hy both Houses. 
 
 It was at this time that 5'ou, Governor, solicited au interview 
 with Sheriff Wilkerson, which occurred between 3 and 4 p. M. of 
 Tuesday, and during the conversation you suggested to Speaker 
 Dunsmore, who had also been called into your executive office 
 for consultation, that he had better make a written request of 
 the sheriff to preserve the peace. This Mr. Dxmsmore did, then 
 and there, and delivered tne letter in person to Mr. Wilkerson, 
 who stated that he would make an early reply. The following 
 are the letters : 
 
 TopEK.A, K.\s., Febrtiary 14, 1893. 
 J.M. JVilkerson, Sheriff of Sluxwnee County: 
 
 Dear Sir, — I hereby call on you as sheriff of Shawnee County for suffi- 
 cient force to preserve the peace and authority of the House of Representa- 
 tives. I am very truly yours, J. JM. Dunsmore, 
 
 Speaker of the House of Representatives. 
 
 To which Mr. Wilkerson replied: 
 
 -^ ToPEKA, Kas., February 14, 1893. 
 
 Ho n. f. M. Dunsmore: 
 
 Dear Sir, — Your communication calling on me as sheriff for sufficient 
 force to preserve the peace and authority of the House over which you pre- 
 side received, and in replj' will say, if there is a House of Representatives 
 legallj' organized, it is clothed with the power to appoint a sergeant-at-arms, 
 who has all power necessarj' to call to his assistance any number of citizens 
 necessarj- to enforce the authority' with which he is invested by the House. 
 Not wishing to decide which House is the legally organized body, I shall 
 take no part as long as the peace and quiet of the citizens remains undis- 
 turbed. Yours truly, J. M. Wilkerson. 
 
 On the same day, Tuesday, the 14th, after the consultation 
 with the Governor and Mr. Dunsmore, and after his reply to Mr. 
 Dunsmore, at about 9 p. M., Sheriff Wilkerson received the fol- 
 lowing letter from the Governor: 
 
 ToPEKA, Kas., February 14. 
 To folin M. tVilkerson, Slier iff of Sha7vnee County: 
 
 Dear Sir,— Whereas, a body of armed and lawless men have this day 
 attempted to arrest the chief clerk of the House of Representatives, the 
 Hon. Ben C. Rich ; and whereas, there are rumors, which seem to be well 
 founded, that such lawless body of men now contemplate a second attempt 
 10 arrest said Rich and otherwise to become a menace to the peace and order 
 ot the State: now^ therefor;, I hereby demand of you that you proceed at 
 once to provide such peace officers as may be necessary for the preservation 
 of the peace and safety of the State, and that such officers be at once sta- 
 tioned upon theCapitol grounds and in the corridors of the Capitol building, 
 as may be necessary to prevent the entering of armed or disorderly men, 
 
LRTTRRS '/■(> (.lU'F.RXOA' IJ'Al'F.IJJNG. 47 
 
 ;ui(l that j-ou use every lawful means in your power to preserve the peace, 
 prevent riot and all disorderly conduct, to the end that the House of Repre- 
 sentatives may proceed undisturbed in the legitimate performance of its 
 duty. 
 
 Please advise nie at once if these demands will he complied with. 
 
 Governor of Kansas. 
 
 Regarding the above letter, Mr. Wilkersou saj's: 
 
 My idea is that the Governor merel J' called on me for assistance so that 
 he could boast of having done so, and contradicted the order before I had a 
 chance to respond, and on the pretense that I had refused to assist him. I 
 received the first note, asking for aid in protecting the [^Capitol, at 9 o'clock 
 Tuesday night. At 10:30 of the same night Mr. Limeburner, from the Gov- 
 ernor s office; came to my home in search of me, with a communication fron; 
 '.he Governor I was not at home and he failed to find me that night. The 
 next morning (Wednesday', the 15th) Mr. Limeburner was at my house by 7 
 o'clock in the morning and delivered the letter he intended me to have the 
 night before 
 
 The following is a copy of the letter : 
 John M. U'ilkersoti, Sheriff Shawnee County: 
 
 Dear Sir,— Since you have not seen fit to comply with my request to 
 respond to a former communication of this evening, I hereby withdraw any 
 demand for official assistance from you in preserving the peace in and about 
 the corridors of the Capitol to-morrow morning. L,. D. I,eweli,ing, 
 
 Topeka, February 14, 1893. Governor of Kansas. 
 
 It was this refusal of the sheriff to become a partisan in the 
 dispute between the two Houses that you, U13' dear sir, claimed 
 was a refusal on the sheriff's part to do his duty in maintaining 
 the peace. Upon this trick in the construction of the sheriff's 
 answer j'ou issued your proclamation for the assembling of 
 the tnilitia. At no time did Sheriff Wilkersou say he could not 
 maintain peace. As soon as the sheriff learned that you had 
 issued the proclamation calling out the militia, lie sent you the 
 following letter : - 
 
 Topeka, Kas., February rs, 1S93. 
 To His Excellency, L. D. Levelling, Governor of the Slate ofA'ansas: 
 
 Sir,— I as sheriff of Shawnee County, am charged with the duty of 
 preserving the peace within the territorial limits of this county. 
 
 I am advised that j-ou have called upon the military power of the State 
 to presen-e the peace in this count}*. I wish to inform you that this action 
 on your part IS without my consent or concurrence and is wholly unneces- 
 sary as I have at no time intimated to 3'ou that I am unable to preserve the 
 peace within this county. 
 
 I now wish to inform you that I am fully able and prepared to enforce 
 the laws and preserve peace and order, and it is my intention so to do. 
 
 Very respectfully yours, J. M. Wilkerson, 
 
 Sheriff of Shawnee Couniv, Kansas, 
 
48 LFTTEh'S TO GOl'F.RXOR LEU'JUJ.TNG 
 
 Before 12 o'clock <jii Wednesday, the i5tli, 3()U issued )our 
 proclamation, calling out'the militia, in the following words : 
 
 And whereas, The public peace should be preserved, and the rights of 
 the House of Representatives should be respected, to the end that the people 
 of the State may be protected in all their rights ; 
 
 Now, therefore, deeming' the present condition of public affairs as pre- 
 senting an extraordinary occasion, and as warranting the exercise of the 
 power vested in me b3' the Constitution of the State, to see that the laws are 
 faithfully executed ; that the public peace may be preserved, and that all 
 persons who unlawfully obstruct the House of Representatives or any mem- 
 ber or officer thereof in the proper discharge of their duties, maj' be re- 
 moved, and that all unlawful organizations maj' be suppressed, and violence 
 and bloodshed may be averted ; 
 
 I, L. D. Le'welung, Governor of the State of Kansas, in virtue of the 
 power vested in me as commander-in-chief, with the power to call out the 
 militia to execute the laws and suppress insurrection, do hereby call forth the 
 militia of the State, in order to suppress said unlawful assemblage, and to 
 restore peace and protection, and to cause the laws to be duly executed. 
 
 Adjutant-General Artz is hereb3' charged with the duty of issuing the 
 necessary orders to carry into effect the purposes hereinbefore declared. 
 
 This was published officially in the Capital on the i6th. 
 
 This was the situation on the morning of Wednesday the 15th. 
 Yoti had called out the militia and both Houses had sworn in a 
 large number of extra deputy sergeants-at-arms. The Dunemore 
 House officers had possession of Representative Hall, locked and 
 guarded. The members of the legal House were refused admis- 
 sion. They then proceeded in a body, headed by Speaker Doug- 
 lass and Speaker pro tern. Hoch, to the hall at 9 a. m., and were 
 confronted by Populist guards armed with revolvers and Win- 
 chesters. The members passed the guards, who failed to shoot, 
 broke down the locked doors, and took possession of the hall they 
 were legally entitled to. From Wednesday morning tmtil Friday 
 morning the legal Hotise held Representative Hall while you col. 
 lected the militia. Committees and private citizens, individually 
 and collectively, waited upon you during this critical time, urging 
 3'ou to disband the militia and submit the questions in dispute to 
 the court. You were invited to address the Legislature and you 
 complied, asking the legal House to surrender the hall to you, 
 stating that you would have touse force to secure it ifthis was not 
 done. To the question whether 3^011 would regard the decision 
 of the Supreme Court in a test case as final, you refused to 
 answer. The reason for asking that question was this: lu your 
 proclamation calling out the militia you said: 
 
I ETTERS Ti> GOVERXOR LEVELLING. 4l> 
 
 It is the exclusive rig-Iit of each House of the I<eg^islature to detcruiiu e 
 for itself who are entitled to seats therein, or who constitute the member' 
 ship thereof, and the courts of theState have no power or jurisdiction to 
 inquire or determine said questions. 
 
 Again, on Friday, after the terms of peace had heen agreed 
 upon, you reiterated the same unwillingness or that of your party 
 to be governed by the decisions of the courts. You said : 
 
 If at some later day the Supreme Court shall declare the Populist House 
 an unconstitutional body, then the responsibilit3' for the action of the House 
 will rest with it alone. The people are the judges of the actions of their rep 
 resentatives, and if there is blame, it will be cast in the right direction. It 
 must not be lost sight of that the Populists have at all times denied the 
 right of the Supreme Court to determine on any question arising from the 
 organization of the House of Representatives. 
 
 The reiteration of the idea that the question of the legality of 
 the two Houses cannot be decided by tho Svipreme Court, by 
 3-our legal advisers, your representatives and senators, has given 
 good grounds for the belief that you depend upon force to secure 
 a recognition. This contempt for the courts and for the laws, if 
 they interfere with your assumed rights or the political theories 
 of your party, has been talked by your public speakers, by your 
 papers, and is now defiantly thrust before the people of the State 
 by 5'ou, the chief executive. If }-ou and your other political 
 leaders would stop one moment to discriminate between the 
 action of the Legislature in deciding who its members are, and 
 which is the legal body, it would be seen that a power outside the 
 body itself must have the authority to decide the legal status of 
 the two organizations. 
 
 You might as well understand, my dear Governor, that what 
 is legalh' right beats force, and proclamations, and "stump" 
 speeches, and that the respect in the hearts of the people for their 
 courts is onh- second to their sacred devotion to the life of the 
 Government. Break down the authority of the courts, and, in 
 our form of government, liberty and protection are gone and 
 anarchy reigns. If Mr. Biddle, the State Treasurer, is enjoined 
 from paying out money, by the District Courtof Shawnee County, 
 and he refuses to be governed by it, he will go to jail, w'here he 
 will belong under such circumstances, and an army of 100,000 
 men would rise up in Kansas to compel him or you or your 
 "rump" House to obey the proper orders of the courts. Don't 
 make any mistake, my dear Governor, about this matter of obey- 
 ing the law and the courts. You may be a big man in your 
 —4— 
 
,511 /jrrr/:A'S ro (:()]i<k\\\'>k' i./'ir/'/jjxc. 
 
 party, but you are not large enough to defy the law, aud when 
 you do, officially or politically or personally, the trip-hammer of 
 public sentiment will pulverize you. The story of the week, with 
 all its exciting events, the grave dangers of a bloody conflict now 
 happily passed, contains much that is humiliating to Kansas. 
 The gathering of hundreds of armed men when there was no riot 
 to be quelled, no disorder even, beyond the easy control of thecivil 
 officers; the failure to intimidate, the retreat — are all historical 
 facts over which the people are justly indignant. This chapter 
 of a bloodless war to prop a rotten revolution, created to serve 
 the political interests of a crowd of experimental politicians, 
 would not be complete withoutgiving the terms of the surrender, 
 which are as follows: 
 
 ToTEKA, Februarj' 17, 1893. 
 
 Firs/ . It being the understanding' that the Honse presided over by Mr. 
 Dnnsmore has secured a hall in which to meet, the House presided over by 
 Mr. Douglass shall remain in possession of Representative Hall, undis- 
 turbed and \inmolested. 
 
 Second : The Hoube presided over by Mr. Uunsniore shall in like manner 
 be undisturbed and unmolested in the possession of the hall which it has 
 secured, and may, if it desires, select a room in the State-House for its 
 meetings, other than Representative Hall. 
 
 Third : No arrests to be made by either House of members or officers of 
 the other. 
 
 Fourth : The militia to be immediately relieved, including the new 
 recruits sworu in and the sheriiT's posse to be immediately disbanded. 
 
 Fifth Militia companies now en »o«/c for Topeka to be immediately 
 telegraphed to by the Governor to return to their homes. 
 
 I.. Y>. Lewelling, 
 
 Governor. 
 Geo. X,. Douglass, 
 D. W. Eastman, 
 
 J. K. CUBBISON, 
 Committee on the pat t of the Home presided o'l^er by Mr. Dougtass. 
 
 The following additional memorandum was attached to the 
 agreement: 
 
 The memoranda this day signed by Governor Lewelling, George L. 
 Douglass, D. W. Eastman, and J . K.Cubbison, as a committee of the House of 
 Representatives presided over by Mr. Douglass, and hereto attached, is not 
 to be construed as a recognition by either the Douglass or Dunsmore Honse 
 of the legal organization or character of the other, or by the Governor or 
 the Senate as a recognition of either of such Houses, and shall not be used 
 in court or any legislative body as evidence for any person party, or body, 
 and shall not be entered upon the journal or other record of either the Doug- 
 lass House or the Dunsmore House or the Senate. 
 
 Signed by I.. D. Lewelling, Governor, Geo. L. Douglass, D. W. Eastman, 
 andj. K. Cubbison. 
 
I.ETTF.RS TO COl'EkNOR LEWELLlXi.. 51 
 
 Aud what, my clear Governor, has all this fuss and expense 
 settled? Simply, I repeat, that the legal House has a right to 
 the exclusive use of Representative Hall. The Senate continues 
 to send its hills to the minority; you also continue to " recognize" 
 it, and all pretended legislation is a useless waste of time and 
 money. The public institutions of the State are menaced, the 
 great exhibition of Kansas at the World's Fair will be lost, and 
 the State disgraced, because a minority of fifty-eight is supported 
 by you, defended by jou, as having the legal right to organize 
 over sixty-seven. Representing onl)^ one-third of the voters of 
 Kansas, elected as you were bj- Democratic votes, your assump- 
 tion of supreme power is only equaled by your ignorance of the 
 first principles of law and of a republican form of government. 
 
LETTERS TO GOIERNOR LEWELLLWG. 
 
 TO QOVERNOR LEWELLING. 
 
 Letter No. 12. 
 
 ToPEKA, Kas., February 26, 1893. 
 My dear Governor: Your comic administration has added one 
 moreweekof history that amuses those who despise us and humil- 
 iates those who love us. Your fantastic display of troops, whose 
 presence was the only menace to the peace and good order of this 
 community, summoned as they were to overcome the sheriff's legal 
 right to maintain order, becomes more and more absurd the longer 
 we consider its impropriety and your revolutionary intent. You no 
 doubt owe your present good health to the fact that the State 
 escaped a fatal collision between the deputy sheriff's and your 
 forces. That Kansas was not further disgraced by bloodshed to 
 sustain a minority filled with the solidified gall that claims 
 58 is greater than 64 is more due to the forbearance and patri- 
 otism of the men you abuse in your recent semi-official address 
 than to any appreciation of responsibility or control on your 
 part of the excited conditions surrounding the week ending 
 February i8th. How the troops of the State were marshaled to 
 give legislative power to a reform party that feared to submit 
 questions in dispute to the courts for adjustment is fully under- 
 stood by an outraged people who are powerless to reply to the 
 ridicule and contempt heaped upon Kansas throughout the nation. 
 Ycur play is not a farce, because it imperils the credit and 
 tarnishes the good name of the State, while the political clowns 
 ti-avesty legislation. It is not a comedy, for that is bright, and 
 witty, and entertaining. It is not a tragedy, because it is full of 
 empty proclamations and weak bravado. Seven weeks have 
 passed since you and your co-conspirators undertook to rob of 
 their just representation the people who elected the majority of 
 the House. Backed by your legal jugglers, Webb, Doster, and 
 Clemens, strong in the power of a Populist Senate, since the loth 
 day of January you have been determined to organize the House 
 for Populistic purposes on a minority of fifty-six legal members 
 
LETTERS TO GOVERNOR LE WELLING. 53 
 
 Two years ago there was a Republican Governor and a Repub- 
 lican Senate, and your party had a majority in the House. What 
 a mighty shout would have gone up from every Populist meeting 
 since that time, if the Republicans had enunciated the infamous 
 doctrine you have tried to force upon the State; namely, that the 
 Governor and the Senate having recognized the minority of the 
 House, therefore it is the legal House. This is your position and 
 the argument of your Assistant Governors— Webb, Doster, and 
 Clemens. Your windy orators all over Kansas would have sawed 
 the unoffending air for hours to prove that such a course was 
 dictated by corporate greed and monopolistic agencies. To-day 
 you do this crime in the name of reform. 
 
 INIy dear Governor, your friends increased your A-anity and 
 raised false expectations l>y assuring the people, after your elec- 
 tion, that you would be larger than your party. Is it possible 
 that your party is no braver when facing a public duty, no 
 stronger, no' more patriotic or faithful to the principles of justice, 
 and represents no i!lore State pride than your wabbling course 
 for the past seven weeks would indicate? Beginning with your 
 iuaiigural address, where you missed your great opportunity to 
 present some eN'idences of statesmanship, following that with 
 your first address to the people, so full of errors of fact as to call 
 from you a second explanatory one within a few days. This 
 apology was so much worse than the first offense that you denied 
 its authenticity after you saw it in cold print. Your proclama- 
 tory administration then rested its case without further guberna- 
 torial threats of violence until your war proclamation calling out 
 the militia. On last Monday, February 20th, a Populist address 
 was issued with }-our approval, which presents, in the usual ele- 
 gant literary style of the gubernatorial ofiice, the deep chagrin 
 and indignation you and your party felt over the just defeat 
 vou suffered in 3'our first military campaign. I cannot forbear 
 quoting from this last literary gem of the revolution. It says : 
 
 when the Governor found himself confronted by the sheriff of Shawnee 
 County and a huge horde of drunken, ruffianly deputies, said to be largely 
 from Missouri, present, he also found that the militia of the State (on whom 
 he had to rely Jwere to a man stained through and through with treason. 
 The commanding officer w-as the first to make known his contempt for his 
 official oath and that he would not obey orders from his superior officer. 
 
 But the partisan sheriff, after involving himself in evasions and gross 
 contradictions, perceiving that the Coveruor was helpless in the midst of a 
 cowardly and disloyal militia, raised an array of deputies many of whom 
 
54 LETTERS TO GOVERNOR LEWELLINC. 
 
 •were the most vicious and depraved characters, filled with rum and coutinu- 
 allj' talking about hanging the Populist leaders. Backed up by this motley 
 crew, the sheriff denies the Governor the powers conferred on him by the 
 Constitution, and, under threat of bloodshed and an assault upon the State- 
 House and the Governor's feeble forces, compels him to treat with the law- 
 less and treason-infected Republican gang. 
 
 That essential is "the preservation of the Populist House." 
 To suppress this, to destroy it, to wipe it out of existence, was the das- 
 tardly and far-reaching purpose of the Republicans when they precipitated 
 the late insurrection. Could they have accomplished the suppression of that 
 House, they would have thwarted all possibility of any reform legislation. 
 They know that laws passed by the assistance of that House are valid. 
 They know that the Supreme Court that would declare otherwise would have 
 to reverse all respectable precedent, immolate itself to the basest partisan 
 demands, and face a wave of public indignation unparalleled since the days 
 when the notorious Judge Tresilian was followed to the scaffold by an out- 
 rHged people, where they beat him with staves to make him ascend, and 
 then exalted at his just but shocking execution. 
 
 My dear Governor, let us proceed -with the interesting events 
 of the revolution in the order of their occurrence. It is a source 
 of congratulation that Chaplain Biddison's timely petition for 
 your protection against assassination reached the throne of grace 
 50 promptly. You -will remember that the Dunsmore House pro- 
 ceeded on Monday afternoon to organize for amateur experi- 
 mental legislation in the "Cave of Gloom" in the south base- 
 ment of the Capitol. It was on this same day that Senator 
 Sterne introduced the following incendiary resolittion in the 
 Senate : 
 
 Whereas, It has been reported that a majority of this Senate would not 
 submit to a decision of the Supreme Court of Kansas affecting the organiza- 
 tion of the House of Representatives ; now, therefore, be it 
 
 Ri'solved, That the Senate of the State of Kansas will cheerfully concur 
 in the decision of s-aid court and recognize either House it may designate as 
 the legal one. 
 
 The resolution laid over under the rules until Tuesday, when, 
 on motion of Senator Householder, it was laid on the table. On 
 Wednesday, as soon as the Senate convened. Senator King (Pop- 
 ulist) offered the following resolution : 
 
 Whereas, It is reported and generally believed that the case now pend- 
 ingin the .Supreme Court was broughtfor the express purpose of attempting 
 to decide the legality of the organization and membership of the House of 
 Representatives ; and 
 
 Whereas, Article 125 of the Constitution reads as follows : ' Each 
 House shall establish its own rules, and shall be judge of the elections, 
 returns, and (jualificatious of its own members ;" therefore be it 
 
 Kesolved^ By the Senate, that it is our judgment, after careful examina- 
 
LETTERS TO GOVERXOK LEWELLING. r,o 
 
 tion of the Constitution and established precedents, that the Supreme Court 
 has no jurisdiction whatever over the organization of the Legislature. 
 
 Senator King moved that the rules be suspended and the reso- 
 lutions considered at once. President pro tem. Householder 
 ruled the motion in order. 
 
 Senator Scott (Republican) offered the following resolution 
 as a substiti:te for Senator King's resolution : 
 
 Whereas, A report has in some manner gained circulation that this 
 Senate would refuse to acknowledge the authority of the Supreme Court in 
 the matter of the controversy in the House of Representatives now pending 
 before that bodj'; and 
 
 Whereas, vSaid report is an impeachment of the good sense and the 
 patriotism of the members of this body; therefore be it 
 
 Resolved, That we emphatically deny the truth of this report and declare 
 that in this matter, as in all others in which legal points are involved, the 
 Senate of the State of Kansas recognizes the authority of our Supreme Court 
 and will loyally submit to its decision. 
 
 It is altogether unnecessary for me to say to 30U that Senator 
 Scott's sitbstitute, so manifestly in the interest of corporate 
 monopolies, was prompth' voted down. I quote these resolutions 
 to show how entirely you and other Populist leaders are in 
 harmony in opposing the courts, when they may interfere with 
 your partv supremacy. P'or fear, however, of becoming personal, 
 and thereb}' disturbing our pleasant interchange, of Sabbath- 
 morning reflections, I will not discuss the unrepublicanism of 
 your secret oath-bound political organization, and the great 
 importance to the Republic of its dying while quite yoting. 
 Please repair the Republican end of your memory while we 
 return to the first of the week. You know that Mr. L. G. Gunn 
 was arrested by order of the Douglass legal House for refusing to 
 obey a witness summons, and at once asked the Supreme Court 
 to discharge him from arrest because of the illegality of the 
 Douglass House, which for that reason had no right to arrest 
 him. The case, j'ou will remember, came up on Tuesday, Febru- 
 ary 2 1st, for trial. The court heard testimony on that day and 
 Wednesday, and on Thursday the arguments were heard. Yes- 
 terday the court presented its decision by Horton and Johnston ; 
 Associate Allen, Populist, dissenting. All this has been published 
 in this excellent daily newspaper, which it is my pleasure to 
 make interesting and instructive to your administration. Dur- 
 ing these days of suspense to the law-abiding and patriotic por- 
 tion of the State, the rump end of your administration continued 
 its humorous labors in the "Cave of Gloom," while the Senate 
 
56 LETTERS TO GOl'ERNOR LE WELLING. 
 
 listened to Mr. Leedy moving the capital of the State, with his 
 wind power, out onto the prairies, where, as he magniloquently 
 said, "it will be in touch with Providence." Of course the early 
 settlers of this State ought to have thought a little wider and 
 selected a spot nearer Providence than Topeka, but you see, 
 Governor, we old Kansans have not had the privilege of living in 
 other States all our lives, as you and other favored leaders of the 
 new party have. However, there may be something in what 
 Senator L,eedy says, although he would be the last man one would 
 select as having exact information about Providence. 
 
 I am sure you would have been greatly interested in the trial 
 before the Supreme Court. The evidence presented some inter- 
 esting phases of human nature. You may have observed, in 
 trials, the fleeting tendency of the witness's memory when the 
 question calls forth facts that the witness does not wish all this 
 cold and unfeeling world to know. At times there was a back- 
 wardness on the part of Mr. Lupfer's memory in coming forward 
 that was quite embarrassing to him. He seemed to have lost a 
 link oixt of it here and there, or dropped a stitch, so to speak, 
 that gave his story a lop-sided appearance. When relating what 
 occurred on the Populist side his forgetfulness was not so robust 
 as it was about the Douglass side. However, the attorneys suc- 
 ceeded in coaxing Mr. Lupfer to bring back large enough pieces 
 of his shy and retreating memory to make a tolerably fair story. 
 I have no doubt but what Mr. Lupfer's campaign utterances in 
 "high C" are very satisfactory to himself, but, after going through 
 a close cross-examination, he looked very much surprised and 
 disappointed to find that his presumption and gall had failed to 
 pass for statesmanship. There is something about the witness- 
 stand- that punctures small frauds in such a cold-blooded way 
 that.you sympathize with the collapse. 
 
 The testimony of Mr. Ben C.Rich was another disaster to your 
 cause. Ben's moustache is of that fierce variety that makes 
 him look like one of the early buccaneers. His mind entered in 
 a very cheerful manner into the spirit of proving the Dunsmore 
 House altogether legal. When, however, the gentlemen who 
 represented the side of law and order and the Douglass House 
 turned their attention to Mr. Rich, his mind lost that vigor and 
 tenacity that nuirked his answers in direct examination. His 
 memory halted, and rested, and waited, and got sick in spots, in 
 a wav that was very exasperating to him, no doubt. The lawyers 
 
LETTERS TO GOrERWOR LE WELLING. bl 
 
 however, kindly helped him out, and mended his story audbraced 
 up his thinking powers until he made a very clear case against 
 himself and his party. Ben did not intend this result, and 
 struggled hard to forget all the facts that proved the Dunsmore 
 House to have been a deliberate conspiracy of the minority from 
 the first to the last. 
 
 Mydear Governor, I listened with careful attention to the pres- 
 entation of your side of this House controversy before the 
 Supreme Court. Your confidential friends, who are also your 
 legal and political advisers, there off"ered the Populistic argu- 
 ments and excuses for the conduct of 5'otir party during the past 
 seven weeks. How weak and puerile and unjust the pleas were 
 in behalf of your usurpation ! How defiantly your attorneys 
 tried to bluff Justice with their cunning play of the foiir knaves, 
 de facto, de jure, non-jurisdiction, and recognition! I waited 
 with patience for the first argument based on right, honor, and 
 justice. It did not come. Not one sentence was framed by your 
 attorneys in this case demanding a recognition of the rights of 
 the majorit}-. All speeches for your cause discussed the lack of 
 jurisdiction of the Supreme Court to decide the questions in- 
 volved. Precedents were tortuied and hairs split to show that 
 the recognition of the Dunsmore House of fifty-eight by yourself 
 and the Senate made it a legal House. Your attorneys made no 
 attempt to cover up or refute the fact that the Douglass House 
 had sixty-four certified members and the Dunsmore House only 
 fifty-eight on the day of organization. The rights of the citizens 
 of Kansas represented by the majority of that House were totally 
 ignored. "We have the Senate and the Governor, and without 
 them you cannot do legislative business; therefore the Dunsmore 
 House is legal," was the sum and siibstance of the argument 
 presented by the ablest attorneys of your party. Judge Doster, 
 who has constituted a large part of your kitchen cabinet during 
 the progress of the revolution, said in his argument: " If any 
 aggregation or body of men organize themselves into a House of 
 Representatives and secure the recognition of the Senate and the 
 Governor, they are the House of Representatives, though none 
 of them were elected or were even voted for at the election. The 
 courts must accept their acts as legal, and are powerless to 
 inquire into their organization." Doster,andClemens, and Allen, 
 and Hagan offered the whole »auge of legal technicalities to sus- 
 tain lawlessness and force. On the other hand, Messrs. Garver 
 
58 LETTERS TO GOVERNOR LE WELLING. 
 
 Overmeyer, Long, and Rossington presented the case of the legal 
 majority with rare ability. Their arguments were the constitu- 
 tional rights of the people and against the lawlessness of force. 
 They plead for the preservation of legal forms and precedents to 
 protect society against anarchy. Their arguments were patriotic 
 appeals for the principles upon which the Republic depends for 
 perpetuity. It was the great legal contest between the anarch}' 
 and lawlessness that underlies the Populist party and the legal 
 rights of those opposing that party. 
 
 The sun rose bright and beautiful on Saturday morning, 
 February 25tli. The decision of the Supreme judges was to be 
 announced at 9 A. M. Long before the hour arrived the court- 
 room was crowded to its utmost capacitj^ The judges took their 
 seats and Chief Justice Horton delivered one of the greatest, most 
 comprehensive, and soundest legal opinions upon the great issues 
 involved that was ever handed down by the Supreme bench of this 
 or any other State. Associatejustice Johnston joined in the opin- 
 ion, while Associatejustice Allen delivered a dissenting opinion, 
 accepting the Populistic theories of Doster, Clemens, and Webb. 
 The anxiety of the people concerning this decision was very 
 great. Many dispatches were received asking for the opinion, 
 and a fervent '"Thank God, the law governs in Kansas!" went 
 up from honest, earnest, patriotic citizens in every count}'. And 
 now, my dear Governor, what of the future? If you and your 
 party purpose resistance to the highest legal tribunal of the 
 State, there is most serious trouble in store for all concerned. I 
 do not believe this reckless, treasonable course will, under the 
 circumstances, be pursued by you or your party. If the Douglass 
 House is recognized by you, by the Dunsmore House, and the 
 Senate, you will even at this late hour be entitled to the thanks 
 of a people who have felt the outrage and injustice of the dis-* 
 graceful proceedings of the past seven weeks. Obedience to the 
 mandates of the court by the Dunsmore House will be met by 
 the majority in a manly and chivalric spirit in the adjustment of 
 the committees and minor offices for legislative work. 
 
 In closing this talk over the eventful week, I hope, Governor, 
 that we may be able to record in our next letter to you that the 
 revolution has been laid away in the Historical Society's rooms 
 as a relic, and that we may all join hands for the future growth 
 and glory of Kansas. Our political differences we will cheerfully 
 refer in 1894 to that great jury, the people. 
 
LETTERS TO GOTE AW OR LEWELLLXG. 5!) 
 
 TO GOVERNOR LEWELLING. 
 
 Letter No. 13. 
 
 TOHEK.A., Kas., March 5, 1S93. 
 
 My dear Governor : On this lovely Sunday morning, when the 
 birds are gaily heralding the approach of spring, it is pleasant to 
 know that your deeply religious mind rests from the carking 
 cares of state, and that j'our soul finds peace in the contemplation 
 of the loftier themes to which men turn in hours of tribulation. 
 You are fortunate in possessing a piety that does not interfere 
 with your politics, and politics that do not jeopardize your indi- 
 vidual interests. These great elements of character, combined 
 with a profound ignorance of our State and of the people among 
 whom you have resided for so short a time, eminently fit you to be 
 the leader of "jingo" reform. In turning over the pages of that 
 Book so appropriate for our perusal on this day, you will find in 
 the following reference to the Dunsmore House a reproof, by 
 inference, which, I may add parenthetically, appears to be along 
 the line of the decision of the Supreme Court: 
 
 The wicked are overthrown, and are not : but the House of the righteous 
 shall stand. — Proverbs xii. 7. 
 
 Another quotation from the same source offers an explanation 
 as to why our people are filled with lametitations and wear the 
 badge of mourning: 
 
 when the righteous are in aulliority, the people rejoice- but when the 
 wicked beareth rule, the people mourn. — Proverbs xxix. 2. 
 
 The lack of rejoicing all over our great State is very apparent. 
 
 My dear Governor, when I last had the pleasure of addressing 
 you through this valuable repository of political trtith and wis- 
 dom, the supreme jtidicial power of the State had announced with 
 ;dl the force and power of excellent legal terms and phrases and 
 citations, old and young, in judicial history, that 63 was greater 
 than 58. You and your travesty upon political parties did not 
 receive this judicial decision of a .self-evident truth with that bois- 
 terous hilarity that greeted Bre'r Otis, Simpson, Peffer, and other 
 leaders of fiat, when they announced in their public speeches all 
 
fiO LETTERS TO GO J 'ERA OR LEWELLING 
 
 over Kansas that they would have their rights " by the ballot or 
 by the bullet." I noticed that the senators who represent your 
 party and misrepresent Kansas had much to say against the 
 decision of the Supreme Court. Permit me to go back to the 
 proceedings of the Senate on Monday, February 27th, and quote 
 some sentiments uttered on that day at a time when the Populist 
 members of the House were obeying the decision of the court. 
 Upon resolutions in the Senate denouncing the decision of the 
 Supreme Court, but urging the recognition of the Douglass 
 House as a matter of expediency to secure needed legislation, 
 the author of the resolution, Senator Landis, said (and we quote 
 from the report of his speech in the Populist paper of this city, 
 the daily Press) : 
 
 ' when we met here we believed that we had elected a majority of the 
 lower House, and we always will so believe. When we recognized the Duns, 
 more House we did what the Constitution reqiiired us to do. We have passed 
 every act that we had promised, and now we find a Supreme Court that 
 w-pes out all that has been done and forces upon us a House that has no 
 authority. 
 
 Mr. Landis sent to the secretary to be read a quotation from a speech 
 delivered by ex-Senator Ingalls at Atchison in 1880, in which he scores Chief 
 Justice Horton unmercifully. 
 
 Mr. Landis continued: "If the Santa Ke Railroad Companj' did not 
 figure in politics as it does, there would have been no trouble in the vState 
 If I had a ten-year-old boy who did not know more about justice than there 
 is in that decision, I would disown him. Why do we submit ? We do it that 
 the blind, insane, and destitute may be taken care of, and that the people's 
 interests may not suffer." 
 
 Senator Jumper, whose oratorical flights have loosened some 
 of the stars, addressing the Republican minority, said: 
 
 You have been rebellious, and have taken the initiatory steps in all these 
 troubles since January loth. I expect to voteforthat resolution, but shall do 
 so under protest. We are only preparing the way, when we bow to this 
 rotten and damnable system, for a great revolution in the politics of this 
 State. 
 
 Senator Leedy, a man of business experience entitling him to 
 sense, if not to patriotism, said : 
 
 I despise the two judges that rendered such a decision, and I spit upon 
 the decision. With this decision we will get the political hides of these 
 judges, and when they are hung up to dry we will see them branded on both 
 sides witl* a railroad brand. I e.xpect to see this usurper Horton, like 
 Jeffreys, hunting the prisons of this country in which to hide himself from 
 justice 
 
 And now we come to the honest expression of a genuine 
 anarchist who is too sincere to cover his treason to law with the 
 
LFTTRRS y\> (,()I7-:A>.V()A' /./■'.WR IJJ XC. (•)! 
 
 evasions resorted to 1)y other members of his party. We (|uote 
 the Press in full : 
 
 Mr. Senn gave notice that he should vote against the rcsolatiou because 
 It recognizes the Douglass House, and expressed tlie opinion that undue 
 weight is given to the decision of the Supreme Court, and that " we are too 
 afraid of the cry of anarchy." He said: "I am not an anarchist I am a 
 believer in law. But I do not believe that everything we call law is law 
 There is no greater curse upon any nation than too much law. The people 
 are the law, and then there comes the Legislature. There is only one ques- 
 tion in the whole matter, and that is justice. If the Supreme Court had 
 thought it best to overstep their power because of justice, then it would be 
 all right, but in the whole decision there was not a single iota of justice. 
 •Shall we abide by it? I say. never; but let us appeal to the people.' 
 
 You no doubt recall what you said 3'ourself, Governor, to the 
 Kansas QaVj Journal reporter on Saturday. For fear the compli- 
 cations of your administration with the lottery gamblers down at 
 the mouth of the Kansas River may have further injured a some- 
 what unreliable memory, I quote : 
 
 1 am just as strong as ever in the belief that the court has no jurisdic- 
 tion concerning the recognition of either House. However if It comes to 
 a question of right and expediency, it may be best to recognize the Douglass 
 House. I will not take the responsibility of telling the Popuiist House to 
 recognize the Douglass branch. If they want to do so, they will do 't of 
 their own accord. I have not yet decided what course I will pursue, but I 
 will act with the advice of the Populist caucus. 
 
 You will notice, my dear Governor, that your judgment and 
 your convictions were not in good working order on that day 
 You did not acquiesce in the decision of the highest legal tri- 
 bunal; 3-ou waited for the caucus to instruct your mind and con- 
 science as to your official dttty. You then and there wrote your- 
 self down as the little creature of a little caucus of little men, and 
 not the big Governor of a big State. One of your Assistant Gov- 
 ernors, who is ambitious to be known as the Herr Most of Kan- 
 sas, Mr. Clemens, a confidential adviser of your stormy reign, 
 said : 
 
 It is an outrage, that those two men may declare their own dictum to be 
 the law for aU others iii a whole great v^ate, and they themselves responsi- 
 ble to uo one. Charles the First was beheaded for less than that. They 
 may cut my head off, but I'll never yield. I could die to be free, but I'll 
 never give it up. 
 
 Among the representative men of the Dunsmore House sen- 
 timents were expressed similar to these we have quoted from the 
 senators. Take, for instance, the following from Mr. Dunsmore. 
 speaker and leader of the " rump" House. He says: 
 
 We recognize the jurisdiction of no court or tribunal except the Senate 
 
(i'2 LF/rrr ks yv) coii-kwok' li-ui-.ijjnc, 
 
 and executive, and will submit to their wishes only. The fight has but just 
 begun. Our appeal will be to the people, and the campaign will be opened 
 at once. 
 
 Your Secretary of State oifered a good deal of advice at the 
 time, urging that the duty of the Populist members was to go 
 homeatid not recognize the Douglass House. He also said: 
 
 The dail J' papers have suppressed the facts, and only printed what was 
 favorable to the corporations ; but that will be changed. 
 
 This decision of this partisan Supreme Court has given me more power 
 than I want ; they have said that I can make the next Legislature by simply 
 issuing certificates to whom I please. I don't like so much power, but the 
 people will have a say in this matter. 
 
 Representative Daugherty, of Gear)' County, said: "I will 
 abide by the decision, but d — n the decision!" and this expression 
 was probably the general sentiment of a large majority of the 
 Populists in the House and Senate. The reproof administered to 
 the Supreme Court by United States Senator PefFer was very 
 mild. He expressed regret that the court had not " seen its way 
 clearly to decline to take jurisdiction." No tears. The other 
 Poptilist United States senator from Kansas, Hon. John Martin, 
 although he had expressed himself to more than a dozen promi- 
 nent citizens before going to Washington, including the Gov- 
 ernor and Chief Justice, that the Douglass House was beyond all 
 question the legal House, had an opinion telegraphed, from which 
 we take the following bit of political demagog}' unworthy a 
 United States senator: 
 
 I am not at all astonished at the finding of the Supreme Court — not that 
 I believe the decision correct, for, on the contrary, I believe it to be radically 
 wrongs In my judgment, the opinion delivered by Judge Allen is clearly the 
 law in the case, and it is substantially sustained by decisions of the Supreme 
 Courts of Indiana and Ohio, and in many similar cases. But, unfortunately, 
 the Supreme Court judges are men with like infirmities with other people, 
 and when political questions are involved their decisions in nine cases out 
 of ten are made to meet the demands of political conditions, instead of 
 being a clean-cut and fair exposition of the law of the case. 
 
 You see, my dear Governor, we are pasting bits of history 
 together at this time that wilMje useful hereafter. You and your 
 party will want to get away from this record after the people have 
 had time to take a good look at it and to realize which way your 
 crew was heading the ship of state. Yoti don't want law, unless 
 it suits you; you don't want courts, unless their decisions are in 
 favor of Populistic interpretations of the law and the Constitution; 
 and, above all, you don't want the majority to rule, unless you 
 are the majoritv. I see that your "General" Artz, whose battles 
 
LETTEkS TO (.;()\'lik\()R LhlWELUNC. (« 
 
 prior to the recent war were fought in a Colorado court against 
 disbarment for perjury has been giving ovX the administration 
 war policy. When I remember the hasty exit of your war secre- 
 tary from our neighboring State, and his rapid promotion after a 
 few months' residence in Kansas, I am reminded of the aged, 
 moss-covered story of the boy who urged his father to come 
 west: "Come west, dad; d — d mean men get office out here." 
 We take the following from the General's interview : 
 
 Men are drilling'all over Kansas to-da3'. Not with guns, — they haven't 
 got them yet,— but they are being drilled in the facings and marching, and 
 they will be drilled with the guns when they are ready for them. The law 
 does not prevent the organization of an unlimited number of military com- 
 panies, who can arm themselves independent of the State, and this is being 
 done to-day ; the people are in earnest. 
 
 My dear Governor, this would be a good day for you to shut 
 off the stream of place-hunters, advisers, fixers, and revolutionary 
 idiots, and retire to some quiet place where you can take a large 
 think all by yourself. Don't you see that the law-abiding, peace- 
 loving citizens of Kansas have no occasion to go into military 
 companies and be armed and drilled? What will they do this for? 
 In what coiinty is there necessity for armed men? What does 
 this fellow Artz mean by this sort of inflammatory nonsense about 
 "the people" being in earnest? Who are "the people" ? Does he 
 speak for the 150,000 Republicans? does he speak for the 50,000 
 Democrats? or has he even authority to talk that sort of treason- 
 able rot for the 110,000 Populist voters? This kind of villain- 
 ous talk is quoted all over the country to show that property and 
 life are not safe in Kansas. I believe. Governor, that if you suc- 
 ceed in having a private interview with yourself, you will see the 
 importance of asking the Governor of Colorado to send a requi- 
 sition for Artz. 
 
 There is another subject. I want to talk a little to you about 
 this morning. Governor, that seems to me to be important 
 to all the people, except possibl}'^ the l.irge number of loafers 
 who attach themselves to the successful party for the same reason 
 that there are camp-followers. What this and every other Western 
 State needs to make it prosperous is a constant increase in popu- 
 lation, and development of resources by incoming capital. Kan- 
 sas has unlimited salt beds, lead deposits, coal fields, water 
 power, and only a part of her rich soil is producing crops. Let 
 us turii from revolution and the drilling of men to building up 
 the business interests of the State. Let tis make the Kansas 
 
64 LRTTERS TO GOl'ERNOR LEWELLING. 
 
 exhibit at the World's Fair the starting point. We want home- 
 seekers to come to ovir State, bringing with them capital to assist 
 ill the work of making a great and prosperous State. Many of 
 lis have been here for more than thirty years, and this must 
 always be home to ns. The government of the State is not for 
 the office-holders, but for the mass of the people, who pay the 
 taxes, and they ask for such a condition of peace and good order 
 that the tens of thousands of Eastern people seeking homes will 
 not be frightened away from Kansas because of the contention 
 going on in our midst. The State is denied capital to-day because 
 of the unsettled condition of our politics. Men refuse to send 
 their money here to develop enterprises necessary to give life and" 
 vigor to every community, because political war and crankism 
 and anarchy and openly expressed defiance of the courts menace 
 all investment, and as long as these conditions exist times will 
 grow more stringent and property go down in value. There is 
 not a bank or loan company in the State, doing business with 
 outside capitalists, that has not had dozens of letters refusing to 
 place money in Kansas for two years past, or demanding a return 
 as soon as possible of all they have invested in this State. This 
 is no exaggeration. It means wreck and ruin to thousands of 
 people who are in debt. The way out is not by fiat money or anj' 
 other legislative schemes urgedby bankrupt politicians or exper- 
 imental economists. The way out is by developing the State, 
 increasing our population and wealth, raising the standard of 
 our credit, and increasing the demand for our lands and lots at 
 improved legitimate values. This is the real statesmanship 
 demanded in Kansas to-day. It is to these higher, broader, and 
 better considerations I wish to call your attention. Governor Lew- 
 elling. You are the head of the State. People and capital are 
 moving out. You can help, more, than any other man, to stop 
 this movement and turn the tide towards Kansas and give to this 
 grand State, so rich in spleaidid possibilities, new life. To do 
 this we must get rid of the political charlatans who want to help 
 the State by pulling it to pieces. 
 
 Your party is one of demolition and revenge upon all who 
 have not taken the mystic oath. You belong to an organization 
 built upon the prejudice of one class of citizens against another. 
 It can only live upon keeping alive this hostility and continuing 
 a war upon all interests not recognized in your membership. It 
 was born behind locked doors and darkened windows. It ought 
 
LETTERS TO GOVERNOR LEWELLING. 65 
 
 not to live, because it is not American and it is not republican. 
 For three years these doctrines have been preached in Kansas, and 
 as a result we see men to-day ready to defy the courts, gneer at 
 their decisions, and openly avow their treason, who three years 
 ago could not have done so. To-day the business interests of the 
 State are prostrated because of threatened legislation against 
 capital. The opening of the Cherokee Strip will take thousands 
 from our State. Our name in the East and all aver the West is a 
 reproach. You, sir, at the head of the State for^ two years, can* i 
 not go on as you have begun, without spreading ruin and disas- 
 ter beyond present computation. You have it in your power to 
 serve your adopted State with great honor, if you are large 
 enough to guide the turbulent elements of your party and send 
 the wreckers to the rear. What Kansas needs to-day is not mili- 
 tary organizations to fight her own citizens, not agitators exag- 
 gerating the calamities of our people, not. the medicine of 
 cheap political quacks who promise prosperity by legislation, but 
 honest effort to pay debts with honest money, the advertisement 
 of our advantages as a State, and, once more,i unitedly as one 
 people, going forward and by our own confidence in our State 
 building up the same sentiment abroad. This is the way out for 
 an intelligent, independent, and industrious people., .,.; i., -t . •.. 
 My dear Governor, drop "jingo" politics and give, the State, as 
 business administration, and in doing so make a place- of high 
 honor for yourself. 
 
66 LETTERS TO GOVERNOR LE WELLING. 
 
 TO GOVERNOR LBWELLING. 
 
 Letter No. 14. 
 
 ToPEKA, Kas., March 12, 1893. 
 3Iy dear Governor: It is with more than ordinary pleasure 
 that I congratulate you and the State upon the close of the legis- 
 lative session that has brought so much grief to your party and 
 such infinite harm to Kansas. You have made a record that, 
 unfortunately, cannot die. The melancholy hours of retrospec- 
 tion have come, the saddest (to the bombastes furioso in politics) 
 of all the year. As we sit here, this bright, sunny morning, 
 turning over the pages of recent history, how boldly accusing 
 the many blunders of your brief politico-military reign stand 
 out from among your weak attempts to be a leader and the 
 founder of a new revolution. How distinct in this look back- 
 ward are the acts of statesmanship you failed to perform, the 
 sentiments of patriotism you forgot to utter, and the just rebuke 
 of lawlessness that died, in your soul before it was born. In the 
 minds of men who wear the purple of power, the poignant regrets 
 for opportunities lost, for bad advice followed, and! for inherent 
 weakness displayed when strength was most needed, outweigh 
 all the glory and blandishments of place. You remember that 
 in yjur inaugural address delivered just before you took the 
 solemn oath of your high office on January 9th, an address that 
 sugar-coated the deep-seated principles of anarchy which lie 
 at the base of your party, you stated, in referring to the victory 
 that elevated you, "that conscience is in the saddle." What, my 
 dear Governor, has become of that horse and rider? Conscience 
 never tried to ride that sort of a bronco before, and it was 
 thrown in less than twenty-four hours. You also stated, in that 
 remarkable appeal to the imagination of j^our party, that 
 
 The grandeur of civilization shall be emphasized by the dawn of a new 
 era, in which the people shall reigu. And, if found necessary, they will 
 expand the powers of the government to solve the enigmas of the times. 
 The people are greater than the law and the statutes, and when a nation sets 
 its heart on doing a great and good thing it can find a legal way to do it. 
 The old may for a time stand in the way of the new, bvit the old must yield. 
 
 * * The lines rttay waver, but victory is to the new and the true. * '•' 
 The State is greater than party, but the citizen is greater than the State. 
 
LETTERS TO GOVERNOR LE WELLING. b7 
 
 In your peroration, Governor, you tell of a dream you have 
 had of the future, in which you "behold the abolition of poverty." 
 These sentiments, which were kindly loaned you by Mr. Bellamy, 
 belong to the vealy utterances that roused enthusiasm at the 
 Populist picnics and form a large part of the unsubstantial struct- 
 ure of your moonshine politics. By the unthinking these gush- 
 ing platitudes are accepted as the wise axioms of the "new way." 
 The whole structure is based upon the false theory that the peo- 
 ple do not rule this republic. They do rule ; and wherever they do 
 not, it is their fault, anJ not the fault of our form of government. 
 The other false political principle you enunciate is that the 
 people are greater than the law and greater than the State. My 
 dear Governor, the people — not "my people," not the "plain 
 people," but aix the people — are the State, and as lo3'al citizens 
 it is due from them that they at all times be ready to sacrifice 
 property and life for the State's defense and preservation. This 
 is the true relation of the citizen to the State. The laws are the 
 crystallization of the principles of justice and equity to protect 
 the rights and interests of all, from the humblest to the highest, 
 placed upon the statute-books by the will of the people, and, until 
 repealed, must command your respect and obedience, or the 
 foundation of this republican form of government is gone. This 
 lack of the proper interpretation of the sanctity of law forms the 
 basis of Communism, Socialism, and Anarchy, the disciples of 
 which have flocked to j-our new party, hoping that the revolution 
 you and your leaders have advocated would bring paternalism, 
 and thus the freedom absolving them from the duties and respon- 
 sibilities of citizenship. But, my dear sir, your position on the 
 9th of January on this important pivotal question of the citizen's 
 attitude towards established law was not a new one. On the 5th 
 day of last October, at Ilolton, Kas., in a speech during your can- 
 vass for Governor, you said: 
 
 When anj' people is confronted by the state of affairs which now exists in 
 America, there are but two ways in which they can free themselves. They 
 may do it peacefully, by means of the ballot-box, or they may rise in their 
 might and overthrow the whole by force of arms. If one method fails, the 
 other must be resorted to. But the first method need not fail. Let the peo- 
 ple act unitedly for their common salvation, and the thing is done. Other- 
 wise anarchy must come. 
 
 ]\Iy dear Governor, as we look back over the past sixty days 
 and note the temper and sentiments and intent of your various 
 proclamations, this same spirit of defiance to law and determina- 
 
68 LETTERS TO GOVERNOR LEWELLING. 
 
 tion to overthrow legal opposition by force of arms is apparent. 
 You did not, you will remember, decide whether you would obey 
 the mandate of the Supreme Court or not until your caucus 
 decided for you what your dut^^ was to your oath and to the peo- 
 ple of Kansas. Fortunately, you did not have the courage to 
 carry out the wish and will of your party leaders, and Kansas 
 was saved the disgrace of a bloody riot. It must not be forgotten 
 that your utterances are no more treasonable than those of the 
 members of your party. 
 
 Jerry Simpson, the idolized clown of your aggregation, said 
 from his seat in Congress, April 15, 1892: 
 
 Private property' in land is doomed. Property in land is as indefensible 
 as property in man. 
 
 Judge Doster, your First Assistant Governor, said in a speech 
 last year: 
 
 We have got to give up the individual competitive system. It is coming, 
 and the gates of hell cannot prevail against it. The antagonism must logic- 
 ally continue to grow ever more intense and irreconcilable, until the work- 
 ers who will then include the entire people, shall own the entire capital, 
 and private ownership of the means of production shall have ceased. 
 
 Hon. John G. Otis, of this city, who is one of the ablest and 
 most thoroughly conscientious men in your party, elected as your 
 congressman for the two years just expired, said in Topeka. 
 August 20, 1892 : 
 
 Great wrongs have been perpetrated by plutocracy against the people. 
 They will be righted soon by the ballot or by the bullet. Unless the govern- 
 ment takes hold and the people rule, nothing can avert a war in this coun- 
 try more terrible than the world has ever known. 
 
 Senator William A. PefFer, elected United States senator from 
 Kansas for six 3'ears in January, 1891, said in a speech at Wichita, 
 September 15, 1891 : 
 
 I told the people of Massachusetts and Pennsylvania that they had 
 fastened on our homes an indebtedness which, unless there is a change in 
 our financial system, we can never paj'. We can't pay without money. We 
 want money ! and we mean to turn our tongues into bludgeons, our t)lows 
 itito muskets, and our ballots into bullets. I told ttieni we were not repudi- 
 ators, but that we jnust have money from the government to pay our debts. 
 
 As you know I could quote a volume of similar treasonable 
 utterances from the leaders of your party if desired. What I 
 offer in evidence above is to show that you are all imbued with 
 the same revolutionary spirit. You are no worse than j'our 
 party. Governor, and, unfortunately for the State, you are no 
 better. The lowest prejudices of the human heart have been 
 appealed to and every device of language used to fire the hearts 
 
J JITTERS TO GOVERNOR LEWELLIXG. G!) 
 
 of farmers and laboring men against men of other professions. 
 Your party has been built upon class prejudice, by exaggerating 
 conditions and misfortunes, and arousing intense and bitter 
 hostility to the party that has been in power in this State unin- 
 terruptedly for thirty years. These teachings culminated in the 
 effort of the minority, backed by you and your power and that of 
 the Senate, to control the lower House, The disgraceful scenes 
 of the week ending February i8th, in which you undertook to 
 use the military power to support the usurpation of your party, 
 were but the logical sequences of your teachings. Later on, the 
 long hours of heated discussion in caucus as to whether or not 
 the decision of the Supreme Court should be respected, the 
 willingness of the Populist majority of the Senate to join a 
 rebellion against the court, and your own lack of patriotism and 
 courage to express an opinion without the consent of the caucus, 
 were most humiliating examples to Kansas of the growth and 
 influence of your anarchistic teachings. 
 
 And now, my dear Governor, as we look back over the past 
 three years, and more particularly as we examine closely the past 
 two months of history here at the capital, and remember the 
 large promises in your platforms and speeches, we ask: What 
 is there in the record to commend your party to the confi- 
 dence of the people? What have the members of Congress done 
 but to make themselves ridiculous before the country by intro- 
 ducing bills that never reached serious consideration even by a 
 committee? Here in Klansas, what has the Populist party done 
 in three 3'ears, for the school districts, for the counties, for the 
 State, or for the homes of the people ? In what way have you 
 given one man or woman more labor or better pay, where have 
 you lessened taxes, reduced expenses, created a new enterprise, 
 or drawn a single new home-seeker to the State? Have you 
 reduced the rate of interest or made it easier for a man to pay a 
 mortgage? In what way has the Populist party since it was born 
 added to the growth and prosperity of the State or the happiness 
 of the people? What improvement in morals, what assistance in 
 education or benevolence, has your party aff"orded ? On the other 
 hand, with this political craze you have brought unrest, dissatis- 
 faction, and the hostility and rancor of embittered prejudices 
 between neighbors and friends. You have raised false expecta- 
 tions as to financial relief by legislation, prevented hundreds of 
 thousands of dollars from coming to Kansas, caused capitalists to 
 
70 LETTERS TO GOVERNOR LE WELLING. 
 
 demand the immediate payment of immense sums of money due 
 and coming due on mortgages, stopped the development of the 
 State, and paralyzed business that should be more prosperous here 
 than in any other State in the Union because of our great crops. 
 Your party, by its dismal wails of calamity, has kept thousands 
 of home-seekers away from our State ; but, more than all this, 
 you have sown broadcast the seeds of disloyalty to the laws, a 
 contempt for the courts, and an unsound idea of citizenship. 
 Here, in the record of your party in the Legislature, it is shown 
 that you have whittled down the salaries of laboring men in the 
 public institutions and have stood ready to cripple the public 
 service while seeking to create new offices with which to satisfy 
 an army of place-hunters. You have cried aloud against the 
 corruption of the Republican party that has administered the 
 affairs of the State with ability and fidelity to the people's inter- 
 ests. In an administration only sixty days old you have brought 
 more disgrace upon the good name of the State, and greater 
 scandals regarding "boodling" corruption, than the State has 
 known since it was born, the first child of the first Republican 
 administration in 1861. 
 
 My dear Governor, look over the indictment and tell the world 
 why your party should live. Your party of 100,000 voters came 
 into power b}' the aid of 60,000 Democratic votes. Over 150,000 
 Republican voters placed their protest against your fiat principles 
 and your misrepresentation of Kansas. Without Democratic 
 help, my dear sir, you and all the other Populist State officers 
 would, in company with a large majority of the members your 
 party elected to the Senate and House, be still holding secret 
 meetings to denounce the white slavery of farmers of Kansas 
 and the awful corruption of the old parties. The record of your 
 maladmiuistratioai is before the world. The broken pledges of 
 your party to the people can not be covered up. We go to the 
 voters of Kansas for their verdict. I believe they will say to j'ou, 
 my idear Governor, in tones that will arouse even your self- 
 complacency, that 64 is greater than 58, and that treason in Kansas 
 is as dangerous in 1893 as it was in South Carolina in 1861. 
 
 My dear Governor, did you hear the great Republican shout 
 that went up from the representatives of the law-and-order party 
 all day and until nearly midnight on Frida)-? Did these earnest, 
 patriotic speeches, representing the fire and vigor and principles 
 of Republicanism, reach the executive chamber? The Republi- 
 
LETTERS TO COI'ERXOR LE'lVELLIiXG, 71 
 
 can League delegates, fresh from the people, came here to assure 
 the gallant Republicans of the Senate and House that their 
 splendid fight for constitutional principles and the supremacy 
 of law was appreciated by a grateful people. Your party stands 
 challenged to meet Republican soldiers in the valleys and on the 
 prairies to discuss the failures and treason of Populism. The 
 case is made up. It now goes to the jury — the people. Repub. 
 licans may be proud of the record of their senators and repre- 
 sentatives. The issues of the campaign of 1893 and 1894 are 
 plain and distinct, and I believe the verdict will be an endorse- 
 ment of that loyalty to State and country, that defense of law 
 an^ order, characteristic of the intelligence and patriotism of 
 the people of Kansas. 
 
 My dear Governor, I have endeavored to faithfully chronicle 
 the progress and results of your young administration. I have 
 given the revolutionary' features of j'our party close and accurate 
 observation during the past three years. As Senator Jumper, 
 the Duncan of Pumpkin of this Legislature, has remarked with 
 much vernal iusistenc}-, " the time has come for us farmers to 
 sow our oats," and much as I regret to close this correspondence, 
 which has been a source of great pleasure to me -and no doubt 
 of unusual profit to you, I must with this letter say good-bye. I 
 hope that when you have repaired the fortifications surrounding 
 the State-House, and secured a new spinal column for your new 
 administration, and feel that j'ou can trust General Artz in his 
 gorgeous new uniform with the care of the Gatling gun, you will 
 come out to Highland Park and have a good country dinner with 
 me. I promise you no questions shall be asked about your next 
 military campaign, nor of the relation of Close and Little to Pete 
 Kline. If the Legislature had not, amid the plaudits of the mul- 
 titude, written sine die over its tombstone last night, I should, 
 with that freedom which may be assumed by an old friend, have 
 urged you to create a new office — namely. Keeper of the Admin- 
 istration Conscience ; and then I know you would have pardoned 
 me for asking the first and possibly the only favor of your Duke- 
 ship, the appointment to this newly created office of that great 
 and good Populist who exposed the villainies m the old Repub- 
 lican party last year in his masterful manner. You no doubt 
 guess the name of the patriot I refer to for this responsible office 
 — tke Hon, James F. Legate. Yoii can almost hear the shouts of 
 the multitude in the forum saying : "How just ! how appropri- 
 
72 LETTERS TO GOVERNOR LE WE LUNG, 
 
 fite! lyOi^g live Citizen I^egate! All hail to the Duke of Iowa, 
 ,J<,^welliug I,, of Kansas!" Don't wait for a further and more 
 jprmal invitation, but come out, Governor, and we will throw 
 ,;a,side the responsibilities of state and go down to the classic 
 , ,'^akarusa,^ and, while w^aitiug for a nibble from the shy and 
 ,f^luctant catfish, talk over, as great men do at such times, the 
 4iffic^ulties we both have in directing an unregenerate and kick- 
 ing world. 
 
 Not Sockleis, 
 
LETTERS TO c;0]-ERyOR LEWELLIXG 78 
 
 BRIEF CHRONOIvOGICAL HKSTORY 
 
 OF THE 
 
 KANSAS LEGISLATURE OF 1893. 
 
 Monday, January 9.— Loralne D. jewelling inaugurated Gov- 
 ernor. Representative Hall finely decorated. Jno. W. Breiden- 
 thal, chairman of People's party State Committee, presided at 
 inaugural ceremonies. Retiring Governor L. U. Humphrey 
 delivered a short and eloquent address, closing by introducing 
 "my honored and worthy successor." After the inaugural 
 address of Governor Lewelling, the oath of office was adminis- 
 tered by Chief Justice Horton. Percy Daniels, of Crawford 
 County, was sworn in as Lieutenant-Governor; Stephen H. 
 Allen, of Linn County, as Associate Justice of Supreme Court; 
 R. S. Osborn, of Rooks County, as Secretary of State; Van B. 
 Prather, of Crawford County, as Auditor; W. H. Biddle, of Butler 
 County, as Treasurer; Jno. T. Little, of Johnson County, as Attor- 
 ney-General ; H. N.Gaines, of Saline County, as Superintendent 
 of Public Instruction. 
 
 At 7:30 P.M. an immense audience met in Representative Hall 
 to hold a People's party love-feast. Speeches were made by Mrs. 
 Lease, Jerry Simpson, Rev. Todd, Mrs. Diggs, Judge Doster, 
 Associate Justice Allen, and G. C. Clemens. 
 
 Caucus of Republican members was held. For Speaker, 
 Douglass received 31 votes, Hoch 26, Cubbison 4. Mr. Douglass 
 was declared the nominee. Frank L. Brown was nominated for 
 chief clerk, C. C. Clevenger for sergeant-at-arms. 
 
 The three Democrats of the House, Chambers, Meagher, and 
 Rosenthal, decide not to go into either Republican or Populist 
 caucuses. 
 
 Tuesday , January 10. — At 10 o'clock the Republican members 
 of the House, 63 in number, headed by Hon. J. M. Simpson, 
 chairmain of the Republican State Central Committee, entered 
 Representative Hall. The Democratic members, Meagher, Cham- 
 bers, and Rosenthal, were present, but not acting with either 
 side. Mr. Stubbs, who was wrongly counted in, was present, but 
 didi not participate in the proceedings. The Populist members 
 were all in the hall by 12:30. Hall, galleries, and all available 
 space crowded by citizens from all over Kansas. 
 
 At 12:40 Secretary of State Osborn appeared with the roll of 
 members. He called the members to order and stated that the 
 law made it his duty to lay before the House of Representatives 
 a list of members as ascertained from the Secretary's office, and 
 that he had no right to assume the authority of a presiding 
 officer, and that he would not so act except by unanimous con- 
 sent. Mr. iDouglass, Republican caucus nominee for Speaker, 
 
74 LETTERS TO COl'ERXOR LEWELUKG. 
 
 objected to the Secretary of State acting as a presiding officer 
 Mr. Duusmore, who had [been nominated for Speaker by the 
 Populists, claimed that the Secretary of State had the right to 
 act as a presiding officer until it was determined who composed 
 the constitutional majority. After some discussion by both 
 parties, the Republicans occupying the south side and the Pop- 
 ulists the north side of the Hall of Representatives, Secretary of 
 State Osborn stated that he was in the hall in the ministerial 
 capacity of Secretary of State, to lay the roll before the House, 
 and when he was assured that the House had a presiding officer 
 to receive the roll, he would present it. At the close of this state- 
 ment Mr. Osborn left the hall. Mr. Semple, Populist, walked 
 hurriedly up to the Speaker's desk and took possession ot the 
 gavel. Mr. Douglass moved that Mr. Cubbison act as temporary 
 Speaker. The motion was carried with a rush, and Mr. Cubbison 
 was at the side of Mr. Semple within a moment after he had 
 grasped the gavel. Calling the House to order, without an 
 instant's delay the Republicans made Major Remington tempo- 
 rary chief clerk, and C. C. Clevenger was elected sergeant-at- 
 arms. The rules of the last House were adopted, and Represent- 
 ative Warner furnished a certified roll of the members from the 
 Secretary of State's office, from which the temporary clerk pro- 
 ceeded, amidst great noise and confusion, to call the roll. All 
 this was done so quickly as to momentarily daze the Populists, 
 who had expected to control the organization through the Sec- 
 retary of State. Members were sworn in and Geo. L. Douglass 
 elected Speaker, while the Populists formed a temporary organ- 
 ization by electing -vV. H. Ryan temporary Speaker and A. H. 
 Lupfer temporary chief clerk. Secretary of State Osborn ap- 
 peared and gave the roll to Mr. Ryan. The Populists pro- 
 ceeded to elect Mr. J. M. Dunsmore permanent Speaker, Ben 
 C. Rich chief clerk, and Leroy P\ Dick sergeant-at-arms. Both 
 Speakers occupied the same desk, and two sets of officers were 
 doing duty as clerk and assistant. Amidst the greatest confusion 
 and uproar, the roll of Secretary of State Osborn was changed 
 by Ben C. Rich upon the order of Speaker Dunsmore. Mr. Rich 
 dropped the ten Republican certificated members from the roll 
 and substituted the ten Populists who contested their seats. 
 This action was prior to the first roll-call, before the organiza- 
 tion was perfected, and these ten citizens, without evidence of 
 election, took the oath and acted as bonajide members up to the 
 time the Supreme Court decided the Douglass House to be the 
 legal House. Committees were sent to the Governor from both 
 bodies, announcing the organization of the House. 
 
 P'rom the beginning the Populists had but 58 certificated 
 members as shown by the roll of the Populist Secretary of State, 
 and the Republicans had 63, there being also l Independent and 
 3 Democrats, making in all 125 constitutional members of the 
 House. After the organization of both Houses in this manner, 
 little business was attempted, except the notification of the Sen- 
 ate by the Populists that the House was organized and ready for 
 
LETTERS TO GOVEkWOR LEWELLIXC. 7.1 
 
 business. The two Houses remained in session all night, the 
 officers remaining at their posts. While the excitement was 
 intense and great earnestness was manifested on both fides, 
 there was no violence, and good humor prevailed throughout the 
 night. Both sides were fed by friends, sandwiches, pies, and 
 coffee being provided. 
 
 The Senate, Lieutenant-Governor Daniels presiding, com- 
 posed of 25 Populists and 15 Republicans, was organized by 
 electing Populists to every subordinate position. Senator King, 
 of Cowley County, was elected President /ro tem. 
 
 Wednesday , January w. — A Conference Committee was agreed 
 upon, consisting of the following: Republicans, Chairman 
 J. M. Simpson, of the State Committee, Eugene F. Ware, 
 Cyrus Lefand, J. R. Burton, and Col. R. W. Blue; Democrats, 
 Chairman W. C. Jones, Tully Scott, John Hannon, J. W. Orr, and 
 Fred Bentley; Populists, Chairman Breidenthal, of the State 
 Committee, Jerry Simpson, JudgeDoster, and Col. W. A. Harris- 
 This committee remained in session until late Thursday night, 
 trying to arrive at a satisfactory basis of sfettlement of the legis- 
 lative differences, but without reaching any mutual conclusion. 
 A committee of prominent members of both sides, aided by 
 prominent leaders, held a meeting during the day and agreed 
 upon terms for a recess of both Houses, the terms being that 
 the situation should remain unchanged, both sides to be allowed 
 to take their places on the following day without opposition. At 
 2 o'clock p. M. motions were made and carried on each side for a 
 recess until 9 A. Jr. Thursday. The members had been in the hall 
 for twentv-six hours. Efforts continued during the day for a 
 solution of the problem. A committee of citizens, consisting of 
 Senator Perkins, ex-Governor Humphrej^, Col. D. R. Anthony, 
 General Bradford, ex-State Senator Schilling, and Major J. K. 
 Hudson,waited upon the Governor to urge him to use his influence 
 to bring about the settlement of the differences. An address 
 detailing the factsof the organization of the House was presented 
 to the Governor, signed by the sixty-four Republican members 
 constituting the Douglass House. It was shown clearly that the 
 Populist or Dimsmore House had but fifty-eight legal members, 
 and that sixty-four certificated members organized the Douglass 
 House which entitled it to recognition as the legal House. The 
 Senate refused to recognize the chief clerks of both Houses. 
 
 Thursdayy January \i. — The three Democratic members of 
 the Hause, Meagher, Rosenthal, and Chambers, addressed Speaker 
 Douglass and gave their reasons for recognizing him as the 
 Speaker of the legal House amidst cheers of Republicans. Gov- 
 ernor Lewelling addressed a message to "J. M. Dunsmore, 
 Speaker of the House of Representatives," thus formally recog- 
 nizing the minority of fifty-eight as the legal House, amidst 
 great cheering from the Populists. In the Senate the Populists, 
 on motion of Householder, endeavored to drop the investigation 
 of the organization of the House, which had been begun by a 
 committee of nine senators. 
 
76 LETTERS TO GOVERNOR LEWELLING. 
 
 Friday, January 13. — Governor Lewelling asked for a cou- 
 ference with a committee of Republican members, consisting 
 of Hoch, Cubbison, Lobdell, Atherton, Seaton, and Remington, 
 which conference was without result. Jerr}' Simpson, who was 
 on the floor of the House, said to Chairman Jones, of the Demo- 
 cratic State Committee, " We want nothing more to do with your 
 crowd," to which Col. Jones replied, " We are quite ready to quit 
 you." The Dunsmore Hoiise was recognized in the morning 
 session by the Senate, after a heated discussion and ag'ainst the 
 protests of Republicans. Senator Taylor, Populist, of Wyan- 
 dotte, and Senator O'Bryan, Democrat, of Wichita, also made pro- 
 tests against the recognition of the minority House. Great 
 mass-meeting at the Grand Opera House to protest against the 
 revolutionary methods of the Populists, which was addressed by 
 David Overmeyer, W. H. Rossiugton, Douglass, Cubbison, A. A. 
 Harris, Joseph Lowe, Joe Ady, and Col. D. R. Anthony. Popu- 
 lists held a mass-meeting addressed by Legate, Artz, Clemens,. 
 Judge Allen, and others, in defense of the Populist House. Re- 
 publican, Populist, and Democratic Conference Committees, after 
 a session of fourteen hours, failed to agree upon a plan of com- 
 promise or settlement. 
 
 Saturday , January 14. — Rumors were current that, owing to 
 the recognition of the Dunsmore House by the Governor and 
 the Senate, an effort would be made by the Populists to forciDlj' 
 eject Speaker Douglass and of&cers of the legal House. Shortly 
 after both Houses had convened, Speaker Douglass rose and said: 
 
 Gentlemen of the Hojtse: Allow yourselves no uneasiness. The Almighty 
 has wisely reserved the powers of creation to himself alone. All the powers 
 on earth — senates and governors included— canuut make sixty-three men 
 out of fifty-eight [cheers]; and in every free representative body in the 
 world the majority governs. [Renewed cheering.] The principle of self- 
 government is on trial in Kansas to-day as it was once years ago. But it . 
 triumphed then and it will triumph now. [Loud applause.] The friends of 
 the Constitution and the laws will soon stand as one man in Kansas, regard- 
 less of parties The constitutional House of Representatives, with sixtj- 
 seven lawful members, is here and read5- for business; and here it will 
 remain, unterrified and unawed. [Great applause.] What is the further 
 pleasure of the House ? 
 
 To this Mr. Dunsmore made a spirited reply, closing by saying: 
 
 We will find strictly lawful methods to accomplish oiir ends. I earn- 
 estly pray that before reassembling some scheme may be devised by which 
 our troubles may be settled. 
 
 Mr. Cobun, Populist, of Barton County, moved that the House 
 adjourn until 4 P. M., at which time both Houses should come 
 together in secret session, free from all outside influence, and 
 endeavor to settle the differences. This proposition was agreed 
 to, and the two Houses met in conference, but failed to reach an 
 amicable settlement. The Republican members issued an 
 address to the people of the State, fully and clearly setting forth 
 the position and claims of the legal majority. The Senate 
 adopted a concurrent resolution, which formally recognized the 
 Dunsmore House. 
 
 Monday, January 16. — The two Houses met at 4 p. m. Com- 
 mittees appointed by both Houses to confer, consisting of 
 
LETTERS TO GOVERNOR LE WELLING. Ti 
 
 Warner, Seaton, and Troutman, Republicans, and Cobun, Camp- 
 bell, and R}-an, Populists. At 5:20 the meeting adjourned to 8 
 p. M., to await the report of the committee. Republicans held 
 caucus on State printer, and nominated Geo. W. Crane. In the 
 Populist caucus Mr. Edwin H. Snow received the nomination. 
 Governor Lewelling, in an interview, defended the Dunsmore 
 organization. 
 
 Tuesday, January 17. — The joint committee of the two Houses 
 reported that, after a long and dispassionate discussion of the 
 situation, they had failed to agree upon a method of settlement. 
 Populists failed to meet to vote on a State printer. The Repub- 
 licans met in joint session and cast 79 votes for Geo. W. Crane. 
 In the Senate the Governor's message was received. Populist 
 Chaplain Todd, of the House, thanked God that there was a 
 stalwart Spartan band ready to do its 'duty, and implored the 
 Almighty to give the other side that breadth of vision and charity 
 for others that would enable them to see and do the right. 
 
 Wednesday, January 18. — Governor Lewelling issued an 
 address showing the Populist side of the questions involved in 
 the organization of the Dunsmore House, to which the Repub- 
 licans, through Speaker Douglass and iSpeaker pro tcin. Hoch, 
 replied. Republicans again ballot, for State printer, Geo. W. 
 Crane receiving 79 votes. Senatorial caucus held by Republicans 
 resulting in Perkins 32, Ady 30, Lucien Baker 11. In the Senate, 
 committees were announced by President Daniels, Republicans, 
 disclosed the fact that the law had not been complied with by 
 the Populists in their contest cases against Republicans. The 
 double House continues to do business without change. 
 
 Thursday, January 19. — In the Republican senatorial caucus 
 no vote was taken. No change in the position of the two 
 Houses. Both, by agreement, take a recess from day to 
 day, awaiting some compromise or a settlement of the questions 
 in the Supreme Court. No change in vote' for State printer. 
 The Senate again discusses the contest cases. Senator Leedy 
 introduces a bill abolishing the Supreme Court Commissioners. 
 In their stead he divides the State into five districts, and sug- 
 gests an appellate judge for each district. 
 
 Friday, January 20. — Senator Perkins returned to "Washing- 
 ton. Populist House unseated seven Republicans, which, how- 
 ever, has no effect on the legal House. No change in the position 
 of the two Houses. Vote on State piinter remains the same. The 
 Populist majority of the Senate determine to go on with contest 
 cases against Republican members, regardless of the fact that 
 the law was not complied with. 
 
 Saturday , January 21. — Mrs. Lease spent the greater part of 
 the day canvassing members against Judge John Martin for the 
 Senate. Populists introduced a large number of bills in the 
 Dunsmore House. Short session by the Douglass House, adjourn- 
 ing until Monday at 4 p. m. Populists adjourned till 2 p. m. Mon- 
 day. In the Senate the Populists take the position that no 
 minority reports should appear in the journal, except by consent 
 
78 LETTERS TO GOVERNOR LEWELLING. 
 
 of the Senate, which means that Republicans will not be per- 
 mitted to print, in protests and minority reports, the character 
 of the Legislation that passes through Populist committees, or 
 that may be passed by the Populist majority of the Senate. 
 Adjourned until 2 P. M. Monday. Governor Le welling issues 
 another proclamation through the Kansas City Mail. 
 
 Mondays January 23. — Republican caucus for United States 
 senator resulted in the nomination of Hon. J. W. Ady. Populist 
 caucus took nine ballots without nominating a candidate. 
 Mitchell of Reno, a Populist, who was defeated by Mr. Dix, 
 became convinced that it was his duty to take a seat he was not 
 elected to. Populists unseat Harry Richter of Morris and Mr. 
 Elting of Ness. The Senate provides each member with a clerk. 
 No change in the situation in the House or in the vote for State 
 printer.. 
 
 Tuesday, January 24. — Joseph W. Ady, Republican, receives 
 77 votes in both Houses for United States senator, and 
 B. W. Perkins i. Populists vote as follows : Frank Doster 
 24, John Martin 15, John W. Breidenthal 25, M. W. Cobun 11, 
 J. D. McCleverty 2, S. S. King 4. Democrats vote as follows : J. 
 D. McCleverty 2, Ed. O'Bryan 2, B. P. Waggener i. Republicans 
 hold another caucus on State printer, and nominate J. K. Hudson, 
 and decide to vote in joint convention on to-morrow for J. W, 
 Ady for United States senator. Populists held a caucus for 
 United States senator, the fourteenth ballot resulting in the 
 nomination of John Martin by the following vote : John Martin 
 44, Frank Doster 43, A wrangle ensued over the result, and, 
 after hearing speeches from both candidates, another ballot was 
 had at 3 A. M., Martin receiving 49 votes and Doster 35. In the 
 House the Republicans find, upon investigation, that the charges 
 on which the Populists unseated seven Republican members 
 were groundless. 
 
 Wednesday, January 25. — ^Joint convention for election of 
 United States senator assembled at 12 o'clock, presided over by 
 the President of the Senate, who recognized the Dunsmore 
 House. Judge Martin received 82 Populist votes (10 of which 
 were from fiat members without certificates of election), 3 
 Democratic and i Independent Republican, 86 in all. Seven 
 Populists refused to vote for Martin because he was a Democrat. 
 Seventy-seven Republican members holding certificates of 
 election and two Democrats did not participate in the election. 
 Judge Martin received 76 votes of members holding certificates 
 of election. 
 
 The vote in detaii.. 
 
 The senators who voted for John Martin were : Armstrong, 
 Baldwin, Boiling, Cook, Dennison, Dillard, Dumbauld, Forney, 
 Helm, Helmick, Householder, Jumper, King, Landis, Leeds, 
 Leedy, O'Bryan, Reed, Reiley, Rodgers, Shearer, Smith, Taylor, 
 True. 
 
 The sixty-two members of the House who voted for Martin 
 were: Barnes, Benefiel, Bone, Brown of Pratt, Brown of Grant 
 
LETTERS TO GOVERNOR LE WELLING. 78 
 
 Burgard, Bucklin, Caster, Chappell, Clark, Cobun, Daugherty, 
 Dolan, Doubleday, Dunsmore, Everly, Garrison, Gest, Goodvin, 
 Graham, Green, Gleason, Grissom, Helm, Hill, Howard of 
 Doniphan, Howard of Shawnee, Helstrom, Humphrey, Kelly of 
 Dickinson, Kenton, Kerr, Lupfer, McCliman, McKinnie, McCon- 
 key, Mitchell, Morrison of Gray, Morrison of Labette, Morris, 
 Moss, Newman, Noble, Pancake, Pritchard, Rosenthal, Rawson, 
 Reploglie, Ryan, Semple, Sekavec, Shellabarger, Tren, Tucker, 
 Watson, Wagoner, White, Whittington, Wilson, Woodworth, 
 Yearick. 
 
 The Populists who voted for John Martin, and who did not 
 hold certificates of election, are Morrison of Gray, Brown of 
 Grant, Goodvin of Ness, Helstrom of McPherson, White of 
 Morris, Gleason of Greenwood, Shellabarger of Jackson, Howard 
 of Doniphan, Howard of Shawnee, and Mitchell of Reno. 
 
 Barnett of Jewell voted for Fred J. Close; McAleny of Wyan- 
 dotte voted for Frank Doster; Rice of Coffey voted for W S. 
 Hanna; Wright of Edwards voted for S. H. Snider; Campbell 
 of Stafford voted for Cobun ; Ruble of Sedgwick TOted for Cobun ; 
 and Senator Senn voted for Cobun. After the vote of the 
 Senate had been announced, and before that of the House had 
 been declared, Senator Baker, from the Republican side, asked 
 the privilege of voting as a legal member of the Legislature. 
 President Daniels ruled that the vote was closed, and would not 
 allow Senator Baker's name to be again called. Mr. Ben C. Rich, 
 the Dunsmore clerk, then gave the result of the House vote, and 
 President Daniels announced that John Martin, having received 
 the majority of the votes of the joint assembly, is duly declared 
 elected to the United States Senate. 
 
 As soon as the Populist election was over, Senator Baker 
 offered a resolution reciting the fact that the election of a United 
 States Senator had been participated in by persons not legally 
 members, and therefore moved that Geo. L. Douglass be elected 
 President of the joint assembly, and that the legal members pro- 
 ceed to elect a United States Senator. Senator Brown was 
 elected secretary. Upon a call of the roll, seventj'-seven certifi- 
 cated members voted for Jos. W. Ady, being one more than was 
 received by Judge Martin. There being no legal quorum present, 
 the joint convention adjourned to meet again at 12 o'clock on 
 Thursday. No change in the vote on State printer. Middle-of- 
 the-road Populists very indignant over the election of a straight 
 Democrat to the U. S. Senate. 
 
 Thursday, January 2(i. — Republicans meet in joint assembly; 
 seventy-eight Republicans present, lacking three of a quorum ; it 
 was resolved to forward a formal and emphatic protest against 
 the election of Judge Martin as LTnited States senator by the aid 
 of an illegal House and with only seventy-six certificated mem- 
 bers voting for him. Populist majority confirm S. W. Chase 
 warden of the Penitentiarj-. 
 
 Friday, January 27. — Gen. Weaver, late People's party candi- 
 date for President, asked to address the House. E. H. Snow re- 
 
80 LETTERS TO GOVERNOR LE WELLING. 
 
 elected State printer, eighty-three certificated members voting 
 for him. The irregularity of the organization of the Dunsmore 
 House which assisted in electing Mr. Snow casts doubt upon his 
 election being strictly legal. Campbell, of Stafford, Populist, 
 protested against the delays, and urges Populists to submit the 
 questions to the courts. Populists in the Senate endeavor to 
 keep resolutions that do not pass outof the journal, which would 
 also prevent any expression of Republicans not satisfactory to 
 the Populists from becoming part of the official record. 
 
 Saturday , January 28. — No change in the attitude of the two 
 Houses. The Populists are determined, if possible, to keep out 
 of the courts. Speaker Dunsmore said: "There is no reason 
 why we should go into the Supreme Court. Having been rec- 
 ognized by the Governor and Senate, we are the legal House." 
 This is the sentiment and position of the Populists regarding the 
 differences between the two Houses. In the committee of con- 
 ference of members Mr. Campbell said further discussion was 
 useless. Col. Warner, Republican, then offered the following 
 resolution : 
 
 Resolved, That we make up a case by consent and take it to the Supreme 
 Court, testing the legality of the respective Houses. 
 
 The motion was lost. Ayes, Seatou, Troutman, and Warner; 
 nays, Ryan, Campbell, and Cobun. The statement is signed by 
 Alexander Warner, John Seaton, and James Troutman. 
 
 Monday, January 30.— Both Houses resume business as usual 
 late in the afternoon. The feeling of unrest and dissatisfaction 
 over the foolish attitude continues to grow more intense on both 
 sides. Speaker Douglass made a spirited speech, reiterating the 
 firm determination of the Republicans to stand for their consti- 
 tutional rights. 
 
 Tuesday, January 31. — The important event of the day in the 
 House was the reading of the correspondence between Mr. Duns- 
 more and Speaker Douglass, which presents the claims of each 
 side. We give it in full : 
 
 MR. dunsmorE'S letter. 
 
 House of REPRESENiATrvES. Tanuary 30, 1893. 
 Hon. Geo. L. Douglass. 
 
 My dear Sir, — As, by the election of a Unitea States senator and State 
 printer, the political reasons for obstruction in the House of Representa- 
 tives no longer exist, I can conceive of no justifiable excuse for yout» 
 refusal to recognize the authority of the Executive, the Senate, and the 
 House of Representatives as now constituted; as a goo'd lawyer, you are 
 doubtless aware of the fact (if you have taken the trouble to inform your- 
 self in relation to the facts and have consulted the journals of the House) 
 that the present status between the executive and the legislative depart- 
 ments cannot be disturbed or annulled by the authority of any other 
 tribunal, unless such tribunal should attempt to exercise a power not 
 granted by the Constitution and the law ; and that the only possible reason 
 for continued obstruction now existing, either to j'our party or personal to 
 yourself, is the hope that, by legal quibbling, the law's delay, and the favors 
 of a partisan court, the Republican party, or at least its managers and 
 representatives of railroad a«nd other corporate interests, may prevent the 
 legislation that the people demand at our hands. 
 
 Every well-informed man in Kansas is aware that the railroads and 
 other corporate managers in this State are behind you, promoting and 
 directing the action of your party to block the wheels of legislation, even 
 
LETTERS TO GOVERNOR LEIVELLING. 81 
 
 going so far, I am informed by good authority, as to advance the pay you 
 and other Republicans receive through one of the banks of this city, closely 
 connected with certain railroad interests. 
 
 If, as you profess, you desire the legislation required by the debt- 
 burdened people of Kansas, is it not about time that you give evidence of 
 that fact by recognizing the executive and legislative authorities now work- 
 ing in harmony? The experience of the last session should convince you 
 that the legislation required can only be obtained by political union 
 between the House of Representatives and the SenBte. Upon this union 
 depends, in a great measure, the possibility of legislation in favor of the 
 World's Fair, and many public institutions throughout the State, and espe- 
 cially along the line of railroad control. 
 
 Two years ago it was the Republican Senate against the opposition 
 House. Many now desire a Republican House against an opposition Senate. 
 In either case the result must be the same. As but a few committees have 
 been appointed by me, opportunities still exist for an adjustment of the 
 present trouble in a manner favorable to all concerned ; and to that end I 
 would be pleased to receive and consider any proposition you may deem 
 proper to make, either verbally or in writing, that does not bring into ques- 
 tion the integrity of the Legislature as uow organized and the acts of the 
 Executive in relation thereto. 
 
 If no such adjustment can be made, we vnW be under the necessity of 
 promptly proceeding to business without the valuable aid and advice of 
 yourself and political friends, and let the people of Kansas judge between us. 
 
 With assurance of my personal regard, I am very truly j'ours, 
 
 J. 11. DuxsMORE, Speaker. 
 
 THE REPLY OF SPEAKER DOUGLASS. 
 
 Speaker Douglass then read his reply to Mr. Dunsmore, as 
 follows : 
 
 House of Representatives, Topeka, January 31, 1893. 
 Hon. J. M. Dunsyiiore: 
 
 Dear Sir,— I acknowledge the receipt of your letter of yesterday, and iu 
 reply thereto I beg leave to say : 
 
 On the loth day of this month, after the majority of the duly elected 
 members of the House of Representatives had organized the House and 
 elected a Speaker and other officers, a minority of fift3'-eight members-elect 
 proceeded to organize another body, which also calls itself the House of 
 Representatives. As these fifty-eight members-elect were five less than a 
 quorum and absolutely powerless to perform any act, the official roll was 
 obtained, and there in the broad daylight, before the ej'es of hundreds, the 
 names of ten members chosen by the people were scratched out and in their 
 stead were inserted the names of ten other persons who were not elected, 
 and some of whom had been defeated at the polls by majorities of Irom 500 
 to 1,000 votes. This was done by Ben C. Rich, without any adjudication of 
 the contests by any tribunal whatsoever ; and, upon the call of this forged 
 roll, and with the aid of these ten persons (whose only claim to seats was 
 that they had served notice of a contest upon the members whose election 
 had been regularly ascertained and certified by the proper officers), the body 
 over which you preside was organized. 
 
 The majority at its organization chose me as its Speaker, and of the 
 members who participated in that day's proceedings, sixty-four voted for 
 me as Speaker, and three others on the 12th day of January took their seats 
 in the lawful House of Representatives and have since uniformly adhered, 
 and still do adhere, to it as the only House of Representatives known to the 
 Constitution and the laws. 
 
 If the proceedings by means of which the body over which you preside 
 was orsjanized should ever be acquiesced in by the people of Kansas, it 
 would be the end of regular, orderly, and constitutional government in this 
 commonwealth. 
 
 The fact that the Governor and a majority of the Senate have so far suc- 
 cumbed to the pressure of partisan considerations as to countenance such 
 a proceeding, in no wise changes the fact, except as it intensifies the 
 obligation and emphasizes the duty of all law-abiding citizens to protest 
 against it. Such countenance by the Executive and the Senate cannot anni- 
 hilate or destroy the legal and constitutional House of Representatives 
 chosen by the people to do the people's will. The powers of the Executive 
 
82 LETTERS TO GOVERNOR LE WELLING. 
 
 and the Senate are many and great, but the power to perform miracles Is 
 not one of them; and, despite all assertions to the contrary, it remains true 
 that they are powerless to either create a majority out of a minority, or to 
 destroy by their fiat the constitutional and lawful body of the representa- 
 tives of the people. ' ' 
 
 I take issue with your assumption that the courts have no power to 
 determine whether an alleged act of the Legislature was ever in fact passed 
 by the Legislature of the State or by some other body. The prime duty of 
 the courts, where the validity of a statute is called in question, is to ascer- 
 tain whether the constitutional requirements have been observed in its 
 passage; and if they find that, instead of such observance, the Constitution 
 has been trampled under foot, and that the alleged act has not been passed 
 by the lawfu' House, but by a usurping body, it is the highest duty of the 
 courts to so declare. Such declaration, far from being an evidence of parti- 
 sanship, would be a mark of that inte^'rity, fidelity, and devotion to duty 
 which characterizes the American judiciary. 
 
 It is true that the constitutional House of Representatives cannot legis- 
 late without the concurrence of the Senate, and it is equally true that the 
 minority body over which you preside cannot efiectively legislate even with 
 such concurrence. 
 
 It is also apparent to every thinking man that any attempt to so legis- 
 late must, in the course of a few weeks' time, come under the final review of 
 the courts; and, if the determination by the courts of the questions 
 involved should be in accordance with what I have no doubt to be the law, 
 it will ultimately necessitate an extra session of the Legislature, with the 
 attendant expense and burden upon the people. Under such circumstances, 
 it would seem to be the part of wisdom for men desirous of the public good 
 to make up a case for the highest court at the earliest possible moment, 
 and set the matter at rest within a few days' time. 
 
 The law will in the end prevail. No men areas yet above the law in 
 Kansas, however much they may desire to be; and the law-abiding people 
 of our State will in the long run sustain the public servant who, regardless 
 of temporary and partisan considerations, respects and obeys the law. 
 Regard for law is the bulwark of free institutions. If the law be defective, 
 as some of our statutes unfortunately are, it is our duty as legislators not 
 to override and overthrow the law, but to patriotically set about remedying 
 its defects. 
 
 Your intimation that, in defending the rights of the constitutional body 
 of which I am the Speaker, I may be influenced by personal motives, and 
 that I desire to prevent legislation demanded by the people, is an unworthy 
 imputation which I must leave those who know me best to answer. In like 
 manner I notice, but pass without comment, the unworthj^ reflection upon 
 the integrity and character of the Democratic and Republican members oi 
 the lawful House of Representatives involved in your assertion that in this 
 struggle for law and order they are prompted and directed by the railroads 
 and other corporations. You will yourself recognize the peculiar impro- 
 priety of this when I recall to you the fact that, on the 12th day of this 
 nionth, after conferring with many of the members of the House, I ofl!"ered 
 (in event of the then proposed adjustment of our difficulties) to give not only 
 a large number of leading committees to the members of the People's 
 party, but also to give them the chairmanship and full control of the 
 railroad committee. 
 
 I have always been ready, and still am, to confer with yourself or any 
 member with a view to securing an honorable adjustment of the present 
 difficulties, to the end that legislation may proceed; but any adjustment 
 ■which involves assent to the extraordinary and revolutionarj; methods 
 whereby the body over which you preside was organized, is and will remain 
 an impossibility. 
 
 The members of the lawful House of Representatives purpose to main- 
 tain to the end the laws and Constitution of Kansas. They are willing to 
 negotiate upon matters of less moment, but they will never sacrifice their 
 obligations to the State and the people they represent. World's Fair bills 
 and other legislation are as much desired by them as by yourself; but 
 beyond and above all else their duty is to preserve, to the full limit of their 
 power, the principle of constitutional liberty which is now at stake. 
 
 Let there be no misunderstanding, therefore, as to their position. With 
 the best of personal feeling, I beg leave to assure you that the constitu- 
 
LETTERS TO GOVERNOR LE WELLING. 83 
 
 tional House of Representatives is here to perform the high duties entrusted 
 to it by the people, and here it will remain. 
 
 Very respectfully yours, Geo. L,. Douglass, Speaker. 
 
 Wednesday, February i. — Both Houses continue as heretofore 
 giving attention to routine matters of no special importance. 
 
 Thursday, February 2. — The first bill to pass the Douglass 
 House was the World's Fair bill. Speaker Douglass's bill for the 
 purity of elections was also passed. The double House continues. 
 
 Friday, February 3. — Greenlee of Reno offered a strong 
 
 ?rotest against the revolutionary obstruction by the minority, 
 he Judiciary Committee in the Senate reported a joint resolu- 
 tion to submit the question of intending suffrage to women. The 
 Douglass House adjourned to Monday at 4 p. M. 
 
 Saturday, February 4. — The Populist House was in session 
 two hours, and adjourned to Monday at 3 p. m. 
 
 Monday, February 6. — Short and ttneventful sessions in the 
 House and Senate. 
 
 Tuesday, February 7. — Usual routine business in both Houses 
 and Senate. The situation unchanged between the Douglass and 
 Dunsmore Houses. 
 
 Wednesday, February 8. — The Dunsmore House takes up the 
 legislative appropriation bill. 
 
 Thursday, February 9. — Seatou of Atchison introduces reso- 
 lutions giving Populists an opportunity to take their seats in the 
 legal House up to February 2ist, after which d .te they will be 
 declared vacant. The Populist Revision Committee report anew 
 journal, changing the status of the fiat members. At first thej' 
 were claimed and voted as (5o«« fide members; this new report 
 gives them the privileges of members "pending proper determi- 
 nation of their claims." 
 
 Friday, February 10. — An investigation of Biddle's bond by 
 Col. Warner's resolution. The original journal of the Populist 
 House being doctored by the Revision Committee. Tariff question 
 in the Senate. No change in the status of the two Houses. The 
 Douglass House adjourned to Monday at 4 p. M. 
 
 Saturday, February 11. — The Populist House in session, dis- 
 cussing interest rates. 
 
 Monday, February 13. — Mr. Chambers, of the Election Com- 
 mittee, reported that L. C. Gunn, of Linn County, refused to 
 obey a subpoena of the legal House, and asked resolution that 
 the sergeant-at-arms be required to issue his warrant for the 
 arrest of Mr. Gunn for contempt. The resolution passed, and 
 Mr. Clevenger, sergeaut-at-arms, proceeded at once to arrest Mr. 
 Gunn. 
 
 Tuesday, February 14. — -The following resolution for the 
 arrest of Ben C. Rich, chief clerk of the Dunsmore House, was 
 introduced by Mr. Hoch and carried: 
 
 Whereas, One Ben C. Rich, for a number of daj'slast past, and during 
 the present session of this, the House of Representatives, and in the pres- 
 ence of said House, has continually interrupted the regular proceedings of 
 the House by loud and boisterous language and unlavi-ful and unusual 
 noises without legal excuse or justification, and without claim or pretense 
 that the same was a part of or connected with the proceeding of the House 
 
84 LETTERS TO GOVERNOR LE WE LUNG. 
 
 of Representatives, and such conduct has been and still is being indulged 
 and persisted in by said Ben C. Rich^in open, malicious, and willful defiance 
 and derision of the rules and authority of the House of Representatives ; and 
 
 Whereas, Such conduct has greatly interrupted aud interfered with 
 the transaction of public business by this House, and has impeded and 
 still impedes necessary legislation in the interest of the people of the State 
 of Kansas, thereby bringing the authority and dignity of the House of Rep- 
 resentatives into disrepute ; therefore be it 
 
 Resolved, That by the said action and conduct of the said Ben C. Rich, he 
 has been and is guilty of contempt of this House, and the Speaker is hereby 
 authorized and directed to cause said Ben C. Rich to be forthwith arrested 
 by the sergeaut-at-arms and brought before the bar of this House, to show 
 cause, if any he have, why he should not be punished for such contempt, 
 and that said Ben C. Rich be held in custody by said sergeant-at-arms, sub- 
 ject to the further order of the House of Repre sentatives. 
 
 The assistant sergeants-at-arms ot" the House, Jordan, Young, 
 and Clogston, started out for Rich. He was found coining to the 
 State-House guarded by a number of Populists, among whom 
 were Willits, Breidenthal, Scott, and Ryan. At the corner of 
 Ninth Street and Kansas Avenue the officers attempted to arrest 
 Mr. Rich, but the force surrounding him was too strong, and, 
 after an exchange of blows and a general scuffle, the effort ended 
 in a failure. Mr. Rich was escorted to the Dunsmore House in 
 triumph, where he was protected from arrest by a strong guard 
 of Populists, among whom were Hank Lindsay, Cal Brewer, J. F. 
 Willits, Frank Herald, and many others. After the Dunsmore 
 House had been in session a short time, Gest of Jefferson 
 introduced the following resolution, which passed: 
 
 Whereas, An attempt has been made to arrest the chief clerk of this 
 House by an organized mob calling themselves the Republican House ot 
 Representatives, but which we believe to be in reality the Santa Fe Railroad 
 Company ; therefore be it 
 
 Resolved, That we, the legally organized and constitutional House of 
 Representatives, proclaim to the State of Kansas that the mob was foiled, 
 and that our flag is still there. 
 
 The excitement now became very great on both sides, and it 
 was apparent that the complications of the past five weeks were 
 about to culminate. During the afternoon a large number of 
 sergeants-at-arms were sworn in by each side. After adjourn- 
 ment in the afternoon, the Populists took possession of Repre- 
 sentative Hall and locked the doors, refusing to admit any one. 
 Governor Lewelling was in consultation with prominent Popu- 
 lists, many of whom advised calling out the militia to maintain 
 the Dunsmore House. The Governor sent for Sheriff Wilkersou 
 and asked him to protect the Dunsmore House in their right to 
 Representative Hall ; this Mr. "Wilkerson refused to do. Mr. 
 Dunsmore asked the same of Sheriff Wilkerson, who replied to 
 him, and also to the Governor, that he could take no partisan 
 part, but that he was amply able, without the aid of the militia, 
 to maintain the peace in this city and county. The correspond- 
 ence between the Governor and the sheriff, containing the facts 
 in the transaction, will be found in full in Letter No. ii in this 
 volume. The situation at this time was critical. Late at night 
 the Governor, ignoring the position of the sheriff, who is the 
 peace officer, issued a proclamation calling out the militia. 
 Many citizens began to come to the capital from all parts of the 
 
LETTERS TO GOVERNOR LEWELLIKG. 8-5 
 
 State. Everj' expre-ssion of the Governor, Speaker Duusniore, 
 Judge Webb, Doster, Cleinens, Willits, and other leaders in the 
 House and Senate, foreshadowed armed resistance to the legal 
 House. In the Senate, after a stormy session, H, H. Artz was con- 
 firmed adjutant-general. 
 
 Wednesday^ February 15. — The revolutionary methods of sup- 
 porting the minority House may be said to have culminated 
 this day. The militia had been ordered out by the Governor to 
 defend the Dunsmore House. Several hundred deputy sheriffs, 
 including many of the best citizens of Topeka and of various 
 counties of the State, had been sworn in by Sheriff Wilkerson 
 to preset ve the peace. The door-keeper of the House, Mr. 
 Miller, found himself confronted by armed men, who refused to 
 permit him to pass to the Hall of Representatives to assume his 
 regular duties. This was reported to the Republican members, 
 who assembled at the Copeland Hotel. Upon consultation, it 
 was decided that only the members of the legal House should 
 form in line, with Speaker Douglass and Speaker ^ro teni. Hoch 
 at the head of the column, and in this order the members 
 entered the Capitol, and at the foot of the main stairway leading 
 to Representative Hall they were met by a number of armed 
 men, who said they were there by order of Adjutant-General 
 A*rtz,.and that no persons would be permitted to pass. Speaker 
 Douglass stated that, as Speaker of the House, in company with 
 legal members, the authority of General Artz was not recognized, 
 and ordered the guards to stand aside. This they refused to do, 
 and the order to go forward was given by Speaker Douglass, and, 
 although the guard resisted, the members went up the stairwav, 
 at the top of which other armed gtiards, with their guns pointed 
 at the approaching members, ordered them to stop. They did 
 not stop, but pushed aside the guards. The first door, leading 
 to the southeast cloak-room, was forced open, and the doors to 
 the hall thus reached. It required the use of a sledge-hammer 
 (with which Speaker Douglass had provided himself before start- 
 ing to the hall) to gain admittance. Assisted by ISIr. Hoch, Mr. 
 Swan, LIr. Troutman, and other members, the doors were soon 
 broken open. The Populist guards, fifteen or twenty in number, 
 in charge of the hall inside, made a very hastj^ retreat. The 
 possession of the hall was thus secured by the legal House, and 
 held until the Supreme Court decided that it had a right to 
 remain there. An incident that may have changed the result of 
 this entrance into the hall occurred just as the column so 
 gallantly led by Douglass and Hoch reached the upper landing 
 of the stairway. While the Populist guards stood with guns and 
 pistols pointed at the members approaching, Mr. J. Ware Butter- 
 field, who had forced his way into the hall from the stairway at 
 the west end and hurried across the hall and through the doors, 
 came upon the scene, loudly calling out to the guards, " For 
 God's sake, don't shoot ! don't shed innocent blood ! " As none 
 but Populists were supposed to be in the hall, the guards 
 naturally hesitated and turned towards Mr. Butterfield; before 
 
86 LETTERS TO GOVERNOR LE WELLING. 
 
 they could turn again, the rapidly advancing members were 
 upon them, and the possibility of using their weapons, if they 
 intended to do so, had passed, and the members were in the hall. 
 Slight as the circumstance was, it may have saved the bloodshed 
 that was so imminent for forty-eight hours or more during the 
 greatest excitement. Provisions were sent in to the members. 
 Mr. Cubbison offered a resolution for the arrest of Populists 
 who resisted the arrest of Ben. C. Rich. Mr. Greenlee offered 
 resolutions condemning the Governor for aiding as a partisan 
 the revolutionary methods of the minority House. At 7:30 P. M. 
 Governor Lewelling entered Representative Hall, was escorted to 
 the Speaker's desk, and said : 
 
 Gentlemen: No man aiiKsng you can deprecate the j>resent situation 
 •which exists here to-day mo-re than 1 do. There is no desire on the part of 
 your Executive to institute any forcible proceedings here i:i this hall ft the 
 present time or at any other time. I earnestly entreat you, as citizens of the 
 State of Kansas, as men of integrity and honor, as I know you are, to consider 
 carefully and cautiously the conditions which exist and the possibilities 
 which may arise in the future. 
 
 _ Under the present condition, there is only one course to be pursued. _ It 
 is impossiblethat there should be any receding on the part of your Executive 
 from the position held to-day, but I desire to ask you, as citizens, that you 
 consider as carefully as vou maj' do, if there may not be a way for an 
 amicable solution of these difficulties. 
 
 I earnestly entreat you, as citizens, not to make it necessary for me to 
 call upon the military arm of the government to enter and take possession of 
 this Representative Hall. 
 
 There has been some talk about bringing the conditions which exist to a 
 conclusion through the courts. It has been said repeatedly, by men who are 
 on your side, that as soon as bills were passed they would be brought into 
 the courts, and thus a solution of this difficulty should be had. That act has 
 already been done; a bill has been passed bj' the House of Representatives 
 and signed. If there is a method of solution of this difficulty in the courts, 
 that method of solution is at hand ; and I appeal to you, as citizens, whether 
 it would not be better to rest vour cause upon that basis, and rest upon that 
 solution, rather than to continue to retain this hall. I urge you, as fellow- 
 citizens, that you now surrender this hall to the legal authorities of the 
 Sta1 e. I would dreprecate exceedinglv to have the military enter this Hall of 
 Representatives ; I do not want anything of that kind, and I ask you, gentle- 
 men, if you will not be willing to surrender this hall— or, at least, those of 
 you who are not members of the House of Representatives ? 
 
 Mr. Hoch, of Marion County, was then recognized by the 
 Chair, and spoke as follows : 
 
 Governor, pardon me— one word. I appreciate your coming not as 
 Governor of this .State, but as a citizen of tliis State, and I am sure I voice 
 the sentiments of every man within the sound of my voice when I say there 
 is no man upon this floor who has ever desired anything else than a fair, 
 honorable, and amicable settlement of this unfortunate difficulty. I wish, 
 however, Governor, to ask you in fairness if— pending this decision of the 
 courts, which I trust will be reached within a few days— if it would not be 
 fair, if any side abandons this hall, that both sides abandon it until this 
 decision is reached. Could there be objection upon either side to that state 
 of affairs? I appeal to you as the Governor of chis commonwealth, elected 
 by the suffrages of the noblest and grandest people, in my judgme.it, on the 
 face of the earth, elected to preside over the grandest State in this Union ; I 
 appeal to you as wzr Governor, in this critical crisis that has come upon us 
 to-day, that if we surrender this hall, pending the decision of this matter 
 in the courts, if it would not be fair that all parties surrender this hall 
 during the pendency of this contest? 
 
 The Governor replied: 
 
 I am not here, of course, to enter into any political discussion, or a 
 
LETTERS TO GOVERNOR LE WELLING 87 
 
 discussion of these questions. I only ask this : you gentlemen have stated 
 between yourselves, and it has come to my ears repeatedl}% that only one 
 thing was wanting, and that was that the House of Representatives should 
 pass a bill, that you might carrj' it into the courts ; now, if that has been 
 your wish prior to this time, is there any reason why you should continue 
 to hold this hall, when you have that opportunity before you? I ask you, 
 gentlemen, that you shall surrender this hall into my keeping to-night; 
 that you vacate this hall and leave it in my care ; I ask fthat you do that ; I 
 ask it as citizens, as countrymen — many of you personally known to me, 
 many of you my own personal friends ! There can no harm come from it ; 
 I ask, therefore, that you vacate this hall, surrender it to me, if you choose, 
 and then let the process that you see fit to pursue, follow. That is all I have 
 to say gentlemen, further than to add that, as the matter now stands, it 
 becomes my duty to use some method, which I almost shrink from naming, 
 to secure possession of the hall. I trust there will be no occasion for any- 
 thing of the kind. 
 
 Mr. Hocti, again addressing the Governor, said ; 
 
 Pardon me ; the proposition that was made was not i'ntended to disturb 
 the policy that has been pursued here for more than five weeks. If both 
 sides abandon this hall, wouldn't it be right that the state of affairs which 
 has existed here for five weeks should be continued ? 
 
 The Governor replied : 
 
 It is not for me to enter into any contest. There are several militia 
 companies here to-da}', called to do what I deem it my duty to order, and 
 which I shrink from more than I can tell. I ask you to consider the 
 situation. 
 
 Mr. Greenlee, of Reno County, asked: 
 
 Would you regard the decision of the Supreme Court as the final settle- 
 ment of this difficulty ? 
 
 But the Governor refused to answer Mr. Greenlee's question* 
 and left the chair. 
 
 Ex-Governor Osborn, representing a committee of citizens, 
 counselled peace, and urged that if the militia came, the members 
 should calmly surrender. His speech was not endorsed by the 
 members. On the contrary, the House determined to resist until 
 driven out at the point of the bayonet by overwhelming numbers. 
 Colonel Hughes, who was commanding the militia, at 10:30 came 
 into the House in the full uniform of a colonel and was introduced 
 by the Speaker. He said : 
 
 I was ordered by Governor Lewelling to take command of the militia 
 called out here to-day. I did so at once. When I asked him for orders, he 
 told me that I must surround the State-House with my men, protect the 
 property of the State, and remove from Representative Hall all men who are 
 not recogjiized by Mr. Dunsmore and himself as members of the Legislature. 
 I then told him he would have to look for some other officer. [Prolonged 
 cheering.] I am still in command, and I am going to stay there until I am 
 relieved. I may be relieved, but I can saj- to you that j-ou" need have no fear 
 to-night. No one will attempt to molest you. If I am relieved, mj^ regiment 
 will go with me. 
 
 The applause was deafening and three tremendous cheers were 
 offered ior Colonel Hughes. 
 
 About II o'clock a restraining order was issued by Judge 
 Hazen, of the District Court of Shawnee County, against the fur- 
 ther payment of money by State Treasurer Biddle, under an act 
 passed by the Senate and Dunsmore House, for legislative 
 expenses. The Treasurer's force had worked all night to enable 
 him to pay the money out before the restraining order could be 
 served upon him, as it was well known that a test case would be 
 
88 LETTERS TO GOVERNOR LEWELLING. 
 
 made. The decision of Judge Hazen iu this case is published in 
 this volume. The threats made by the Governor were not carried 
 out, and the legal House remained in session all night. 
 
 Thursday, February i6. — Conference between the Governor 
 and the legal House. Governor Lewelling proposed, iu a mes- 
 sage delivered by bis private secretary to the House, that he 
 withdraw all militia and not allow the Republican House and 
 employees to be interfered with, provided that all proceedings 
 against Ben C. Rich be dropped, and that Populist members and 
 employees should not be disturbed ; this agreement to remain in 
 force during balance of the session. In presenting this proposi- 
 tion, Mr. Close said: "If you don't accept it, I lear the conse- 
 quences within the next hour. I, for one, have shed all the blood 
 I care to, and I don't believe that any of you are anxious to do 
 more — at least, the older ones, who have been through bloody 
 times." After discussion, a committee was appointed to present 
 a counter-proposition to the Governor. In half an hour the 
 committee reported : 
 
 First. To dismiss all contempt proceedings heretofore commenced. 
 
 Second. The body presided over by Hon. J. M. Duusmore to arrest Frank 
 Iv. Brown, chief clerk of this House," and the body presided over by Hon. 
 George L. Douglass to arrest Beu C. Rich, chief clerk of the body presided 
 over by Hon. J. M. Dunsmore, both of said arrests to be upon the charge of 
 contempt and to be made immediately, and the respective parties to apply 
 to the Supreme Court for release by habeas corpus, both of said cases to be 
 prosecuted upon the sole question of the legalitj' of the respective Houses. 
 
 Ikird. The Governor to discharge and dismiss the State militia and 
 provisional guards. 
 
 Fourth. The sheriflf of Shavi^nee County to dismiss all special deputy 
 sheriffs. 
 
 Fifth. The House of Representatives presided over by Hon. George L. 
 Douglass to have exclusive, free, and undisputed possession of Represent- 
 ative Hall, with all appurtenances, rooms, and approaches. 
 
 Sixth. This agreement to remain in force until the Supreme Court 
 shall have decided the issue in controversy. 
 
 Seventh. In order to avoid misunderstanding in the future, that the 
 agreement of these resolutions or plan of action shall be ratified by the sig- 
 natures of each of the presiding officers of both contending bodies and the 
 Governor. 
 
 The report was adopted, and a committee submitted the prop- 
 osition to the Governor, who staled that he would take it under 
 consideration until 9 a. m. the next day (Friday). 
 
 Mr. Gunn, arrested for contempt of authority of the House, 
 applied to the Supreme Court for a writ of habeas corpus, which 
 was granted, and the trial set for hearing Friday. 
 
 Sherifif Wilkerson continues to increase his force. Col. Hughes 
 relieved of his command. Members of the Douglass House 
 remain in session all night. 
 
 Friday, February 17.— Peace declared upon the following 
 terms : 
 
 LETTER FROM THE GOVERNOR. 
 
 ToPEKA, February 17, 189^. 
 
 First. It being the understanding that the House presided over by Mr. 
 Dunsmore has secured a hall in which to meet, the House presided over by 
 Mr. Douglass shall remain in possession of Representative Hall, undisturbed 
 and unmolested. 
 
 Second. The House presided over by Mr. Dunsmore shall in like manner 
 
LETTERS TO GOVERNOR LE WELLING. 8!) 
 
 be undisturbed and unmolested in the possession of the hall which it has 
 secured, and may, if it desires, select a room in the State-House for its 
 meetings, other than Representative Hall. 
 
 Third. No arrests to be made by either House of members or officers of 
 the other. 
 
 Fourth. The militia to be immediately relieved, including the new 
 recruits sworn in, and the sheriff's posse to be immediatel3- disbanded. 
 
 Fifth. Militia companies now en route for Topeka to b>; immediatel}' 
 telegraphed to by the Governor to return to their homes. 
 
 Iv. D. I,EWELLING, 
 
 Govertior. 
 Geo. L Dougl.\ss, 
 D. W. Eastman, 
 
 J. K. CUBBISON, 
 
 Committee on the part of the House presided over by Mr. Douglass. 
 The followiug additional memorandum was attached to the 
 agreement : - 
 
 The memoranda this day signed by Governor Lewelling, George L- 
 Douglass, D. W. Eastman, andj. K Cubbison, as a committee of the House 
 of Representatives presided over by Mr. Douglass, and hereto attached, is not 
 to be construed as a recognition by either the Douglass or Dunsmore House 
 of the legal organization or character of the other, or by the Governor or the 
 Senate as a recognition of either of such Houses, and shall not be used in 
 court or anj' legislative body as evidence for any person, party, or body, and 
 shall not be entered upon the journal or other record of either the Douglass 
 House or the Duusinore House or the Senate. 
 
 (Signed) I<. D. jewelling. 
 
 Governor. 
 Geo. L. Douglass. 
 D. W. Eastman, 
 J. K. Cubbison, 
 Committee on the part of the Hotise presided over by Mr. Douglass . 
 
 Upon the adoption of the treat}-, the House adjourned until 
 Saturday at lo o'clock. The termination of the contest was 
 greeted with pleasure b)' Republicans, Democrats, and Populists, 
 although the expressions of chagrin by the Populists in having 
 to meet elsewhere than in Representative Hall were unmistak- 
 able. That a bloody riot was averted is recognized to be almost 
 a miracle. 
 
 In the Senate, Mr. Leedy, of Coflfe}' County, offered the follow- 
 ing resolution: 
 
 Whereas, The people of Shawnee County are organizing under the 
 sheriff of said county for the purpose of defying and overthrowing the 
 authority of the State; be it 
 
 Resolved, By the Senate of the State of Kansas, that a committee of five 
 be appointed to consider the advisability of removing the State capital, with 
 instructions to report within ten days. 
 
 Saturday, February i8. — The legal House met in Representa- 
 tive Hall at lo A. M. and adjourned until 4 p. m. Monday. The 
 members were worn out with loss of sleep and the excitement 
 of the week, and needed rest. Judge Hazen renders a decision in 
 the case of the State Treasurer, which is printed in full in this 
 volume. But little business was done in the Senate during the 
 "wah." 
 
 3/otiday, February 20. — The legal House called to order at 4 
 p. M. The Populist House, having had the basement corridor of 
 the south wing fitted up with temporary desks, etc., was called 
 to order at 4 o'clock by Mr. Semple, Speaker pro tern, of the 
 Dunsmore House. The Senate was fully occupied with routine 
 business. Mr. R. B. Welch, who was in command of the 600 ser- 
 
90 LETTERS TO GOVERNOR LE WELLING. 
 
 geants-at-arms sworn in by the Douglass House, was relieved 
 from duty. The Gunn habeas corpus case begins this day in the 
 Supreme Court. 
 
 Tuesday, February 21. — The legal House and Senate in ses- 
 sion. The Dunsmore House in the basement grinding out legis- 
 lation with great diligence, regardless of the fact that it has no 
 legal existence. 
 
 Wednesday, February 22. — The Populist senators indicate their 
 hostility to Topeka by passing resolutions to move the capital, 
 Their course in this matter does not even secure serious atten- 
 tion. The Dunsmore "rump"' House passes a maximum freight 
 bill. The Senate discussed the jurisdiction of the Supreme Court 
 to decide which is the legal House. Populists all deny that the 
 court has jurisdiction. Examination of witnesses in the Gunn 
 case occupied the entire day in the Supreme Court. 
 
 THE POPULIST SIDE. 
 
 The following address was sent out as the Populist statement 
 of facts and argument for the present attitude of that party, and 
 it has the endorsement of Governor Lewelling : 
 
 Now that comparative peace reigns about the State Capitol, and Repub- 
 licans are clamorous in their boasting and aijfect to believe they have gained 
 their point, it will be well to make inquiry and note the facts. Such inquiry 
 will establish the fact that the Populists have never lost sight of the one 
 great essential in this contest and come out of this imbroglio secure in its 
 possession. That essential is the " preservation of the Populist House." To 
 suppress this, to destroy it, to wipe it out of existence, was the dastardlj' 
 and far-reaching purpose of the Republicans when they precipitated the late 
 insurrection. Could they have accomplished the suppression of that House, 
 they would have thwarted all possibility of any reform legislation. They 
 know that laws passed by the assistance of that House are valid. They 
 know that the Supreme Court that would declare otherwise woiild have to 
 reverse all respectable precedent, immolate itself to the basest partisan 
 demands, and face a wave of public indignation unparalleled since the days 
 of the notorious Judge Tresilian was followed to the scaffold by an outraged 
 people, where they beat him with staves to make him ascend, and then 
 exulted at his just but shocking execution. 
 
 Corporate greed is determined to prevent the enactment of the reform 
 measures of the Populists. No Supreme Court in theje days of suspicion 
 and imputations against the integrity of courts cares to assume that respon- 
 sibility of declaring those laws void. One happy solution presented itself 
 to the nefarious and atrocious scheniers, and that was the extinction and 
 suppression of the Populist House. They did not merely intend to prevent 
 it from meeting in Representative Hall, but they intended to prevent it from 
 meeting anywhere — to deprive it of existence, so that no official acts could 
 flow from it. 
 
 Their first of a series of contemplated steps to this end was the attempted 
 arrest of the chief clerk of the Populist House. This was to be followed by 
 the arrest of a sufficient number of Populist members in order to break the 
 quorum of the Populist House. Resistance by the Populists to the 
 execution of this Republican scheme precipitated the armed Republican 
 insurrection. 
 
 Now that peace has been declared, it should be borne well in mind that 
 the Populists have carried their point, and have wrung from the Republicans 
 a solemn pledge to cease all further attempts to molest or attempt the 
 extinction of the Populist House. The compulsory vacation of Representa- 
 tive Hall may not be pleasant to the personal feelings of Populists, but it is 
 the price Populists pay for believing that Republicans possessed a particle 
 of loyalty or respect for law cr official oaths. When the Governor found 
 himself confronted by the sheriff of Shawnee County and a huge horde of 
 drunken ruffianly deputies, said to be largely from Missouri, pr.esent, he 
 
LETTERS TO GOVERXOR LE WELLING. 91 
 
 llso found that the militia of the State on whom he had to rely were to a 
 man stained through with treason. The commanding officer was the first 
 to make known his contempt for his official oath, and that he would not 
 obey orders from his superior officer. Hence, when it is said that the Gov- 
 ernor has made terms with a power which a short time ago he termed a 
 lawless body, we frankly admit it, and say that he did it just as the Union 
 men at Ft. Sumter recognized Jeff Davis, or the loyal people of Lawrence 
 recognized Quantrell. 
 
 The disloyaltj' of the present militia tells the whole tale. Good Republi- 
 can authorities privatelv admit that for the past two years the militia has 
 been weeded out, recruited, and doctored to this end. The knowledge of this 
 fact explains the nefarious conduct of the Shawnee County sheriff. The Con- 
 stitution of this State says : 
 
 " The Governor shall'be commander-in-chief, and shall have power to call 
 out the militia to execute the laws, to suppress insurrection, and to repel 
 invasion." 
 
 But the partisan sheriff, after involving himself in evasions and gross 
 contradictions, perceiving that the Governor was helpless in the midst of a 
 cowardly and disloyal militia, raised an army of deputies, many of whom 
 ■were the most vicious and depraved characters, filled with rum and continu- 
 ally talking about hanging the Populist leaders. Backed up by this motley 
 crew, the sheriff denies the Governor the powers conferred on him by the 
 Constitution, and, under threat of bloodshed and an assault upon the State- 
 House and the Governor's feeble forces, compels him to treat with the law- 
 less and treason-infected Republican gang. 
 
 Although treating in the face of such adverse circumstances, the Popu- 
 lists have not surrendered one iota that is essential. So far as Representa- 
 tive Hall is concerned, many Populists and Populist papers advised weeks ago 
 that the Populists vacate Representative Hall and retire o where they are 
 now going Had they done so. Populist legislation would be much further 
 advanced than it is now. Bevond the indignity, the vacating of Representa- 
 tive Hall amounts to nothing, and the unmasking of Republican treason, 
 perjury, and general lawlessness richly compensates the Populists for all the 
 indignities th<='y have suffered. 
 
 What the Populists must not surrender is the Populist House. This is 
 vital. Whether the Republicans have really abandoned their intention to 
 forcibly strangle the Populist House remains to be seen. 
 
 The chief reliance of the Republicans is the trea?on-infected militia. 
 Kansas Republicans applauded when a Pennsylvania militiaman was hung 
 up bj' the thumbs and subjected to harsh and cruel treatment because he 
 had spoken disrepectfully of a cruel-hearted man of wealth, but now we see 
 those same Kansas Republicans applauding Kansas officers and privates 
 because they violate their oath of enlistment, disobey their officers, and 
 encourage a county sheriff in open violation of law, backed up by a legion of 
 cut-throat scoundrels from Kansas City, St. Joseph, and St. Louis. 
 
 Thursday, February 23. — Both the legal and the " rump " 
 House and the Senate at work. Arguments in the Gunn case 
 before the Supreme Court occupied the day. Deep interest felt 
 in the progress of the Gunn case, which is expected to solve the 
 question as to the legality of the Douglass House. 
 
 Friday, February 24. — The interest in the legislative proceed- 
 ings is overshadowed by the Gunn case in the Supreme Court. 
 A decision will be given Saturday. The Douglass House compli- 
 ments Colonel Htighes. 
 
 Saturday, February 25. — The decision of the Supreme Court 
 in favor of the legality of the Douglass House was the important 
 event of the day. Populists held long caucuses discussing the 
 course of action to be adopted. Some advised prompt recogni- 
 tion of the mandate of the court, while others favored an appeal 
 to the United States Supreme Court, or open and defiant opposi- 
 tion. The Douglass House adjourned till Monday, 4. p. M. 
 
 Monday, February 27. — Populists continue to caucus and to 
 
92 LETTERS TO GOVERNOR LEWELLING. 
 
 discuss the situation. Speaker Dunsmore said they would go 
 into the Douglass House only under protest. The Senate and 
 the Governor submit to the decision of the court with protests. 
 The Dunsmore House decide at a late hour. to go in a body and 
 take their seats in the legal House on Tuesday morning. Business 
 unimportant in both House and Senate. 
 
 Tuesday., February 28. — The House was called to order at 10 
 A. M. by Speaker Douglass. Promptly at that hour the Pop- 
 ulists of the Dunsmore House, headed by Sergeant-at-arms Dix 
 bearing the American flag, followed by Speaker Dunsmore and 
 Speaker /ro /^w. Semple, appeared in the hall and took their 
 seats on the north side. The House now consists of 66 Repub- 
 licans, 54 Populists, and 3 Democrats, as follows: 
 
 Republicans — Allen, L. B. Pearson; Anderson, John G. Johnson; Atchison, 
 John Seaton and M. K. Nichols; Bourbon, H. J. Butler; Brown, W. W. Price: 
 Chase, R. H. Chandler; Ctiautauqua, M. B. Chrisman; Cherokee, Alex. War- 
 ner; Cheyenne, L. S. Willits; Coffey, T. C. Ballinger; Cowley, F. G Powers; 
 Doniphan, James A. Campbell; Douglass, N. Simmons and N. Bishoff Fin- 
 ney, W. R. Ford and M. W. Sutton; Gove, R. D. Anderson; Grant, Peter Bow- 
 ers; Gray, Ora B. Douglass; Greeley, W. M. Glenn; Greenwood, E. W. Clay- 
 comb; Hamilton, Alfred Pratt: Harvej-, John E. Frazer; Hodgeman, T. C. 
 Bowie; Jackson, Nick Kline and J. P". Pomeroy; Jefferson, C. H. Phinuej'; 
 Johnson, N. Zimmerman; Kearny, F. M. Kelley; Kiowa, J. W.Davis: Miami, 
 J. W. Remington; Montgomery, F. M. Benefiel; Morris, H. E. Ricliter; Ness, 
 R. O. Elting; Pottawatomie, A. J. Axelton; Rawlins, Samuel Way; Reno, J. 
 F. Greenlee and J. W. Dix; Republic, S. M. Foster; Riley, Wm. Knipe; Rooks, 
 J. ,S. Shaw; Rush, S. I. Hale; Russell, O. L. Atherton; Sedgwick, George L. 
 Douglass; Seward, H. V. Nichols; Shawnee, A. C. Sherman, James A. Trout- 
 man, and W. B. Swan; Sumner, William Hobson; Wallace, W. D. Harris: 
 Wichita, W. J. Chubbuck; Wilson, Jacob Lamb; Woodson, J. H. Baver; Wyan- 
 dotte, J. K. Cubbison; Lane, C. E. Lobdell; Marion, E. W. Hcch; Trego, A. H. 
 Blair; Logan, John F. Coulter; Lyon, D. W. Eastman; Leavenworth, H. C. F. 
 Hackbusch and McCown Hunt; Marshall, William Raemer; McPhersou, C.J- 
 Stromquist; Linn, J. R. Clark; Meade, James Wilson (Independent). 
 
 Popuhs/s — Lewis H. Gest, Jefferson; J.J. McAlenej', Wyandotte; A. A. Bur- 
 gard, Wyandotte; R. H. Semple, Franklin; J. A. Clark, Bourbon; Hugh Bone, 
 Crawford; W. H. Ryan, Crawford; C. L. W^alters, Cherokee; J. L.Humphrey. 
 Labette; P. A. Morrison, Labette: J. M. Dunsmore, Neosho; James Graham, 
 Osage; Thos. Chappell, Osage; R. D. McCliman, Nemaha; P. Daughtrty, 
 Geary; Joseph Tren, Wabaunsee; Chas. Moss, Lyon; G. W. Crumley, Elk; Ed, 
 Green, Cowley; M. P. Kelley, Dickinson; A. A. Newman, Clay; D. M. Watson, 
 Washington; S. O. Everly, Cloud; Geo. McConkey, Ottawa; P. H. Dolan, 
 .Saline; H. W. Ruble, Sedgwick; F. G. Rawson, .Sedgwick; J. M. Doubleday, 
 Sumner; George H. Coulson, Harper; T. S. Benefiel, Kingman; William Gar 
 rison, Barber; William Campbell, Stafford; M. W. Cobun, Barton; W. M. Ken- 
 ton, Rice; Joseph Sekavec, Ellsworth; A. N. Whittiugton, Lincoln; George 
 H. McKinnie, Mitchell; S.W. Hill, Osborne; E.E. Barnett, Jewell; J. M.Helm. 
 Smith; P. C. Wagoner, Phillips; B. F. Replogle, Ellis: A. H. Lupfer, Pawnee, 
 J. G. Wright, Edwards; B. F. Morris, Clark; Levi Pritchard, Graham, W. L; 
 Kerr, Nort in; Dan Caster, Norton; W.J. Barnes, Sheridan; J A Bucklin. 
 Thomas; F. E- Yearick; Sherman; J. F. Pancake, Scott; T. M. Grissom, Stan- 
 ton; A. H. Drew, .Stevens. 
 
 Democrats— Thotao.?. G. Chambers, Comanche; Stephen G. Meagher, Leav- 
 enworth; Joseph Rosenthal, Haskell 
 
 The eleven names added to the roll when the Dunsmore 
 House was organized on January loth, and who have been acting 
 with that body up to this date, were as follows : 
 
 J. W. Howard, of Doniphan County; D. M. Howard, of Shawnee County, 
 Ed. Shellabarger, of Jackson County; O. M. Rice, of Coffey County: I. N. 
 Goodvin, of Ness County: H Helstrom, of McPherson County : F.B.Brown; 
 of Grant County: W. H. Mitchell, of Reno County; W. H. White, of Morris 
 County; J. W. Hair, of Kiowa County; John Morrison, of Gray County. 
 
LETTERS TO GOVERNOR LEWELLING. 93 
 
 W. E. Brown, of Pratt County, and C. M. Noble, of Butler 
 County, Populists, who held certificates of election at the organi- 
 zation of the House, were unseated becattse they were posmasters 
 at that time. Two other certificated members, C. A. Woodworth, 
 of Atchison County, and J. W. Tucker, of Linn County, were 
 unseated for irregularities in their election, proven by an open 
 and public examination of the facts by the Election Committee. 
 These fifteen members of the Dunsmore House were not given 
 seats to-day. Mr. Douglass introduced the following resolution 
 to forestall the Populist movement for an extra session : 
 
 Resolved, That in additiou to making all necessary appropriations, it is 
 the duty of this Legislature, 
 
 First . To pass a law providing for the election of railroad commis- 
 sioners by the people, enlarging their powers, jDroviding for the enforce- 
 ment of their decision, and, so far as possible, abolishing all unjust discrimi- 
 nations in rates and in the furnishing of cars. - 
 
 Secottd. To pass a mortgage law providing for reasonable right of re- 
 demption, and, impossible, lessening the expense of foreclosure proceedings. 
 
 Third. To pass a law providing for the complete revision of the general 
 statutes of the State. 
 
 Fourth. To pass a law making needed amendments to the statutes 
 relating to assessment and taxation. 
 
 Fifth . To pass a law for the preservation of the purity of the ballot and 
 regulating the canvass of votes so as to provide against error in the count- 
 ing, canvassing, and declaring the result of the same. 
 
 Sixth. To pass a law regulating the weighing and screening of coal at 
 the mines. 
 
 Seventh. To pass a law providing for the weekly payment of wages 
 whenever flie same can berequired without manifest injustice to employers. 
 
 Eighth. To provide for an appellate court, the judge of which shall be 
 elected by the people. 
 
 Niuth. To provide for the apportionment of the State into congressional 
 districts. 
 
 Tenth. To submit such amendments to the Constitution as may be ol 
 the most pressing necessity, and the adoption of which by the people can be 
 reasonably anticipated. 
 
 And we pledge ourselves to labor earnestlj-, patientlj', and unitedly to 
 promote these and other needed measures of legislation. 
 
 In the Senate, the Populist majorit}- exhaust their vocabulary 
 of abuse against the Supreme Court and its decision, agreeing, 
 however, with greet reluctance, to recognize the Douglass House. 
 At ID minutes past 3 p. M. on February 2Sth, forty-four daj'S after 
 the meeting of the Legislature, the Senate recognized the legal 
 Hotise presided over by Geo. L. Douglass. Chief Clerk Brown, 
 of the House, appeared at that hour with a message, and was 
 recognized. 
 
 Wednesday, March i. — The female suffrage resolution submit- 
 ting the qttestion lO the people passed the House. Mr. Douglass's 
 resoltition to give the people the legislation promised before 
 adjournment passed. The Populists in the Senate continue to 
 move the capital 
 
 Thursday, 3/arch 2. — The Senate and House both pass the 
 World's Fair bill. The Senate passes the maximum freight bill. 
 Republican members of the Senate protest against the misrep- 
 resentation of their sentiments by Associate Justice Allen in his 
 dissenting opinion in the Gunn case. This protest is printed 
 with Justice Allen's opinion. 
 
 Friday, ISIarch 3. — The House discusses the Greenlee railroad 
 
91 LETTERS TO GOVERNOR LE WELLING, 
 
 bill. The Senate passed the weekly pay bill. A resolution by Sen- 
 ator Baker introduced to create a committee to investigate charges 
 of "boodle" for legislative purposes. 
 
 Saturday, March 4. — Republicans refuse to entertain a motion 
 to adjourn until the business of the session is finished. The 
 House passes the Greenlee railroad bill. The Senate passed the 
 appellate court bill providing for five judges ; however, it failed 
 to pass the House. 
 
 Monday, March 6. — Pay of the Dunsmore House and employ- 
 ees the subject of long discussion in the House. The wording 
 of the bill was finally changed to read " State-House employees," 
 and passed both Houses with some modifications, the principal 
 one being the leaving out of Ben C. Rich's name from the list of 
 employees. The Senate refused the Greenlee railroad bill, and 
 the House refused the maximum rate bill of the Senate, thus 
 defeating all railroad legislation. 
 
 Tuesday, March 7. — The House passed the gold contract bill. 
 The session lasts until midnight and many bills are omnibused. 
 The House passed a redemption law by which the defendant 
 may redeem any real property sold under execution within 
 eighteen months, and will in the meantime be entitled to 
 possession of the property. 
 
 Wednesday, March 8. — The Senate and House unable to 
 agree on the legislative appropriation bill. The Australian bal- 
 lot bill lost in the House by a vote of 60 to 50. Many other 
 measures considered. It was also a busy day in the Senate. The 
 fee and salary bill was defeated in the Senate for lack of three votes. 
 
 Thursday, IMarch 9. — Speaker Douglass's radical bill to pre- 
 vent corruption in elections passed. The general revenue bill 
 passed both Houses. It provides that a tax levy of three and 
 five-tenths mills shall be made each year and two-tenths of a mill 
 for paying interest. This is the same levy as made by the last 
 Legislature. Both Houses worked late and hard to secure an 
 adjournment. 
 
 Friday, 3/arch 10. — The bill to pa}' the expenses of the Duns- 
 more House was the subject of much discussion in the House. 
 The following is the vote : 
 
 The members who voted for the bill were: Messrs. Bayer, 
 Barnes, Benefiel of Kingman, Benefiel of Montgomery, Bone, 
 Blair, Burgard, Bucklin, Campbell of Staff"ord, Caster. Clir"sman, 
 Chambers, Chappell, Chubbuck, Clark of Bourbon, Claycomb, 
 Coulsou, Cobun, Coulter, Crumlc)?, Daughert}', Dix, Drew.Dolan, 
 Douglass of Gray, Doubleday, Dunsmore, Eastman, Everly, Gar- 
 rison, Gest, Graham, Green, Grissom, Ilackbusch, Hill, Hoch, 
 Humphrey, Kelley of Dickinson, Kenton, Kerr, Lamb, Lobdell, 
 Lupfer, McAleney, McClimau, McKinnie, McConkey, Morrison, 
 Morris, Moss, Newman, Pancake, Pearson, Pritchard, Rawson, 
 Remington, Replogle, Rosenthal, Ryan, Ruble, Seaton, Semple, 
 Sekavec, Shaw, Sutton, Swan, Tren, vValters, Watson, Wagoner, 
 Way, Whittington, Willits, Wilson, Yearick. Total, 76. 
 
 The members voting against the bill (all Republicans) were: 
 
LETTERS TO GOVERNOR LE WELLING 95 
 
 Messrs. Anderson, Atherton, Axelton, Ballinger, Bishoff, Bowers, 
 Bowie, Butler, Campbell of Doniphan, Chandler, Clark of Linn, 
 Cubbison, Elting^, Foster, Frazier, Greenlee, Glenn, Hale, Hob- 
 son, Hopkins, Hunt, Johnson, Kelley of Kearny, Kline, Knipe, 
 Nichols of Seward, Phinney, Powers, Pratt, Price, Pomeroy, Rae- 
 mer, Richter, Sherman, Simmons, Stromquist, Troutman, War- 
 ner, Zimmerman, and Mr. Speaker Douglass. Total, 40. 
 
 The Senate refused to confirm all but one of the police com- 
 missioners of Kansas City, Kansas. Mr. Pray was confirtned,and 
 Cunningham and Mitchell, charged by the same as being the 
 friends of Pete Kline, the lottery dealer, were refused confirma- 
 tion. Total appropriations for the biennial period ending June 
 30, 1893, exclusive of deficiency appropriations, were $2,510,242; 
 deficiency, $350,000. Total appropriations passed upon by this 
 Legislature for the biennial period ending June 30, 1895, are, in- 
 cluding deficiencies, $2,545,000. 
 
 Saturday, March 11.— The Legislature passed the last bill at 
 I A. M. Sunday morning. Long and busy sessions in both 
 Houses. Mr. Taylor's gambling and lottery bills were killed in 
 the House, and the House holds the Senate responsible for the 
 defeatof the railroad bin. All the necessary appropriation bills 
 were pa-sed. 
 
 Monday, March 13. — The formal adjournment of the House 
 and Senate occurred at 9:45 p. M. Some of the most important 
 measures were killed, among them the following : 
 
 The bill to empower railroad commissioners to fix maximum 
 freight rates, to abolish discriminations, and to provide for 
 election of railroad commissioners by the people, passed by the 
 House, but killed by the Senate, because the Senate was not will- 
 ing to agree to the provision for the election of commissioners 
 by the people. 
 
 The appellate court bill, passed by the House and killed by 
 the Senate in the face of the recommendation of its own con- 
 ference committee, because the Senate would not consent to 
 allow the judges to be elected by the people. 
 
 The congressional apportionment bill, passed by the House, 
 but killed by the refusal of the Senate to act upon it 
 
 The anti-lottery and anti-gambling bills, killed by refusal of 
 the Senate to take up for consideration the House amendments. 
 
 ONLY ONE CONSTITUTIONAI, AMENDMENT. 
 
 The Legislature passed only one joint resolution for the sub- 
 mission to the people of a proposition to amend the Constitution. 
 They are to vote at the next general election on the question of 
 giving equal suffrage to women. 
 
 ONLY ONE INVESTIGATING COMMITTEE. 
 
 It is the first Legislature that has not appointed a half-dozen 
 investigating committees of one kind or another. The only 
 investigating committee now out is instructed to investigate the 
 charges of the Topeka G7///«/ against James F. Legate, Fred J. 
 Close, and John T. Little. 
 
96 LETTERS TO GOVERNOR LE WELLING. 
 
 DECISION 
 
 OF THE SUPREME COURT OF KANSAS 
 
 I' PON THH 
 
 CONSTITUTIONALITY OF THE HOUSE 
 
 OF REPRESENTATIVES OF THE 
 
 STATE OF KANSAS. 
 
 Organized at the Capitol January io, 1893, and 
 Generai^IvY Known as the Douglass House. 
 
 The following is the complete oral opinion, as revised, deliv- 
 ered by Chief Justice Horton on Saturday, February 25, 1S93 : 
 
 The court is under obligations to the able counsel in present- 
 ing the case we are called to pass on this morning, both for their 
 masterly arguments and the research of the authorities upon the 
 questions involved. Yesterday the members of the court con- 
 sumed nearly the entire day in consultation and discussing, so 
 far as time would permit, all the material questions in the case. 
 This morning I come here to announce my own views, and shall 
 now do so on the matters presented, and will, at the conclusion, 
 state the opinions of the other members of the court. 
 
 Before commencing, I should say that as yet no written opin- 
 ion has been prepared. We have not had time. After we had 
 finished our consultations, I penciled down some notes last even- 
 ing at my home. The stenographer has copied them and I will 
 refer to them, together with the authorities, in expressing my 
 views. Later the opinion of the court will be prepared, and the 
 views of the justices ftilly stated. 
 
 HOW THE CASE ORIGINATED. 
 
 On the 15th of February of the present year, L. C. Gunn 
 was arrested by C. C. Clevenger, and soon thereafter he presented 
 his petition to one of the justices of this court, asking to be dis- 
 charged from arrest and restraint upon the ground that Cleven- 
 ger had no authority to arrest or detain him. He alleged that 
 Clevenger was acting as the sergeant-at-armsof an alleged House 
 of Representatives that had no authority to act as a House. The 
 warrant issued to Clevenger as sergeant-at-arms for the arrest of 
 Gunn was signed by Douglass as Speaker and attested by Brown 
 
LETTERS TO GOVERNOR LE WELLING. 97 
 
 as chief clerk, and was attached to the application. Subsequently 
 a return was filed by Clevenger as sergeant-at-arms, justifying 
 the arrest of Gunn and alleging that his detention was lawful 
 upon the ground that he (Clevenger) was the sergeant-at- 
 anns of the constitutional House of Representatives of the State 
 of Kansas, duly organized by the election of George L. Douglass 
 as Speaker, Frank L. Brown as chief clerk, with other officers, 
 and that Gunn refused to obey a subpcenapersonally served upon 
 him to appear before the Committee on Elections and testify as a 
 witness in a proper investigation then pending before such com- 
 mittee of the House. To that return certain exceptions have been 
 filed by the petitioner, who has associated with him counsel rep- 
 resenting the Governor of the State. Upon the allegations of 
 the pleadings thus framed, this court has a proper matter before 
 it to hear and determine judicially. The Constitution of the State 
 gives this court original jurisdiction in habeas corpus, and this is 
 a proceeding of that character. 
 
 THE QUESTION AT ISSUE. 
 
 The liberty of a citizen is in controversy. But the statute of 
 this State provides that no court or judge shall inquire into the 
 legality of any judgment or process whereby a partyisin custody, 
 or discharge him, when the term of commitment has not expired, 
 in the following case, among others : 
 
 Third: For any contempt of any court, officer, or body having authorit}' 
 to commit. 
 
 Therefore, we have before us, necessary for our determination, 
 the question whether the body or the House wdiicli authorized 
 Clevenger as sergeant-at-arms to arrest and detain Gunn had 
 any legal or constitutional authority so to do. If there were one 
 Hoixse only, or the proceedings of one House only, to consider, 
 our duty in this manner wo\ild be plain and easy. But it appears 
 from the journals presented to us that on January lo, 1893, the 
 day appointed for the organization of the House of Representa- 
 tives of the State of Kansas, there met and attempted to organize 
 at the Capitol, in Representative Hall, two Houses, which since 
 that time have acted separately and independent of each other. 
 
 THE IvAW AFFECTING ORGANIZATION. 
 
 We will ex-amine briefl}' the organization or attempted organi- 
 zation of these two alleged Houses. Before doing so, however, 
 it is best to understand how a House of Representatives may be 
 legally organized. Judge McCrary, in his work upon Elections, 
 in Section 509, saj-s: 
 
 It is to be observed in the outset that when a number of persons come 
 together claiming' to be members of a legislative body, those persons who 
 hold the usual credentials of membership are alone entitled lo participate 
 in that organization, for it is, as we have had occasion several times to repeat, 
 a well-settled rule that where there has been an authorized election for an 
 office, the certificate of election, which is sanctioned by law or usage, is 
 the prima fade written title to that office. 
 
 Judge McCrary, the writer of these words, occupied for many 
 
98 LETTERS TO GOVERNOR LEWEI^LING. 
 
 years a seat in tlie House of Representatives at Washington, He 
 was chairman for many years in that body of the Committee 
 upon Elections. Subsequently, he was a member of President 
 Hayes's cabinet, and later life was the honored judge of the United 
 States Circuit Court for the Eighth Circuit, embracing Kansas. 
 His book is a standard work, both from his ability and experi- 
 ence, and acknowledged to be the leading authority in this 
 country upon the questions therein discussed. 
 
 But again: We have what is known as a standard work on 
 parliamentary or legislative practice. It is found in almost everj' 
 public library, is examined and referred to by every legislative 
 assembly and by every congressional body, and is " Cushing's 
 Law and Practice of Legislative Assemblies." Section 229 of 
 that work reads : 
 
 The right toassurae the functions of a membe*- in the first instance, and to 
 participate in the preliminary proceedings and organization, depends wholly 
 and exclusively upon the returns or certificates of election. 
 
 And in Section 240 it is said : 
 
 The' principles of parliamentary law applicable to the question are 
 perfectly simple and plain, founded in the very nature of things, established 
 by the uniform practice and authority of Parliament, confirmed by reason 
 and analogy. These principles are as follows : 
 
 First: That every person duly returned is a member, whether legally 
 elected or not, until his election is set aside. 
 
 Second: That no person who is not duly returned is a member, although 
 legally elected, until his election is established. 
 
 Third: That conflicting claimants, both in form legally returned (that 
 would be where two persons had certificates;, are neither of them entitled to 
 be considered as members until the question between them has been settled. 
 
 Fourth: That those members who are duly returned, and they alone 
 (the members whose rights are to be determined being excluded), constitute 
 the judicial tribunal for the decision of all questions of this nature. 
 
 Upon this question of certificates, I cite the case which was 
 referred to on yesterday. It is the case in the United States Sen- 
 ate from Montana, and is the latest utterance of the highest leg- 
 islative body in this land. In the report of the majority of the 
 committee it is said : 
 
 Themajority of the committee are of opinion that if this body of persons 
 had lawful and constitutional certificates of their election, that title is a 
 good title against all the world, governing their associates in that body, gov- 
 erning the Senate, governing everybody who has a lawful duty to determine 
 who are lawfully elected representatives, until there can be an adjudication 
 by the House itself to the contrary, and that nobody can be heard to say. and 
 that no authority can be permitted to inquire into or determine the actual 
 facts of the election as against that title. — 51 Cong., 1st Session, Cong. Record, 
 I 'of. 21, Pari T,d, 2906-2910. 
 
 The majority of the committee were all Republican members 
 of the United States Senate; but Senator Gra}-, from Delaware, 
 one of the most distinguished lawyers and Democrats of that 
 body, made a minority report, and in such report admitted the 
 rule proclaimed by the majority of the committee concerning 
 certificates of election issued to members of a IvCgislature. In 
 his report he said: 
 
 I may say, for the minority of the committee, that we accept as a postulate 
 the proposition laid down by the Senator from Massachusetts, and do not 
 differ at all, in considering' this case, from liim iu the position that we 
 should seek here, in the first j)!ace, to discover the lawful body clothed with 
 
LETTERS TO GOVERNOR LE WELLING. 99 
 
 legislative power who has chosen a senator, and that to determine whether 
 it be such lawful body, we shall be bound in the tirst instance by the fact 
 that such body is composed of members who hold credentials from an officer 
 oi board clotiaed with authority in the premises to make such credentials. 
 
 This subject has also received the recent attention of the 
 Supreme Court of Nebraska in a case in which the opinion was 
 handed down as late as the 17th of January of the present year, 
 upon a matter involving the certificate of the election of a 
 metnber of the Legislature. The court said : 
 
 It is contemplatert that each House of the Legislature shall be organized 
 bj' the persons who are prima facie members thereof. 
 
 It requires no argument to prove the disastrous consequences of a differ- 
 ent construction of the Consiitutiou. — State vs. Van Camp [Manuscript). 
 
 I may add that the scenes which have occurred in this Capitol 
 during the past two weeks are sufficient justification for the view 
 of the Supreme Court of Nebraska. But more than this: Our 
 own statutes clearly provide that the Legislature — that the 
 vSenate and the House of Representatives, when they convene — 
 shall, in the first instance, be constituted only of those members 
 who have certificates of election. They provide that after an 
 election is held in November, speed}' steps shall be taken for the 
 returns of the county canvassing boards; then the clerks of these 
 boards shall make returns to the State board of canvassers; and 
 then, after a certain length of time, the State board of canvassers 
 shall make an examination of these returns and issue certificates 
 to the persons appearing to be elected. More than this: The 
 State of Kansas has been in existence for over thirty years. It 
 is recognized everywhere that practice and usage are to be con- 
 sidered upon questions of this character. It has been the univer- 
 sal practice and usage of the legislative Houses of Kansas to be 
 organized by the admission, in the first instance, of persons 
 holding certificates of election. This has been the universal 
 practice in Kansas. Now, against this, what can be said, and 
 what authorities are brought? 
 
 That MAINE CASK. 
 
 A case is cited from INIaine, and, in my view, with the excep- 
 tion of a few words in the opinion, I concur in all that is said by 
 the Supreme Court of Maine. In that State the retitrns were 
 made to the State canvassing board. Under the authority of the 
 Constitution, the State officials submitted certain qtiestions to the 
 Sttpreme Court as to their duty concerning the canvass of those 
 returns. The Supreme Court of Maine gave advice, which, in 
 substance, was that the State board shotild canvass those returns 
 as they appeared upon their face; that Uiey were ministerial offi- 
 cers onl}-,andhad no authority whatever to go back of the returns, 
 or to hear and act upon other evidence. In violation of the Con- 
 stitution of that State, in violation of the statutes of the State, 
 and contrary to the express advice of the Supreme Court of the 
 State, the board of canvassers refused to accept the returns duly 
 filed with them. Under such a condition of affairs, the Supreme 
 Court of IMaine ruled that those rcttirns were better evidence 
 
100 LETTERS TO GOVERNOR LE WELLING. 
 
 than the fraudulent certificates issued by the State board of can- 
 vassers in violation of the Constitution, in violation of the statutes, 
 and contrary to the advice of the Supreme Court. 
 
 NOT A PARAI.I,EI, CASK AT ALL. 
 
 In this case no such condition of affairs appears. There has 
 been offered in evidence the certified list of members who appear 
 to have been elected. Accompanying that certificate is a state- 
 ment of the returns on file in the office of the Secretary of State, 
 •with a statement of how many votes each member received. 
 Here let me say, that while there has been much discussion 
 about what fraudulent canvassing boards might do, and what 
 frauds canvassing boards might commit, there has not been 
 presented in this case any evidence showing that the returns 
 of election on file in the office of the Secretary of State could 
 have been canvassed in any manner other than they were can- 
 vassed. There have been other cases in this court, growing out 
 of certificates of election, and in all the cases presented to this 
 court there has been no showing of bad faith, or fraudulent action, 
 or of improper conduct on the part of any one of the State or 
 county canvassing boards. In one case, it appealed that Joseph 
 Rosenthal had been found elected by the board of canvassers in 
 Haskell Countj^ That board did its duty; that board did no 
 wrong; but the clerk of that board, intentionally or unintention- 
 ally, I care not which, sent an erroneous return to the State board 
 of canvassers, but that mistake was not attempted to be corrected . 
 until after the State board had finally adjourned. That board 
 stated that it could not meet again and canvass the later or the 
 subsequent return. This court, in accordance with all the 
 authorities, sustained the State board of canvassers in their action, 
 and if any one had the right to complain of that decision, it was 
 Joseph Rosenthal. And 5-et Joseph Rosenthal, after he had heard 
 the decision of this court delivered, presented to the Chief Justice 
 of this court a letter, stating that he was convinced that the de- 
 cision of this court was the law, and that he respected the court 
 for its decision. 
 
 The dunsmore journal. 
 
 But more than this: There has been presented here what is 
 known as the revised journal of the Dunsmore House. I judge 
 that the journal has been carefully prepared, and that it is at- 
 tempted to fully state what occurred according to the views of 
 the parties or of the body under whose order it was prepared 
 and which has approved it, and yet the journal day after day 
 seems to recognize that only certified members have the 
 authority to act. Let me read : " The call of the roll was re- 
 ceived from the Secretary of State, and the following members 
 were present and answered to their names," and it gives the 
 names of fifty-eight. " The following members were present and 
 did not respond to the call of the roll," fifty-seven. Then it 
 says, " total number of members present, 115," being more than 
 
LETTERS TO COl'ERNOR LE WELLING. lOl 
 
 a constitutional qnoruni. Therefore this journal at that place 
 only counts the members who appear upon the roll of the Secre- 
 tary of State. It says the number was 115, " fifty-eight voting, 
 answering the call, and fift5'-seven not answering the call." It 
 then states, " the following named contestants for seats were 
 present," but does not include them in the quorum or in the 
 number of 115. It says they numbered ten. 
 
 Again : On the second day of the meeting of what is known 
 as the Dunsmore House, I read : " The House met pursuant to 
 adjournment, Speaker Dunsmore in the chair. The roll was 
 called and the following named members answered to their 
 names," and the number is fifty-seven. That is all that answered. 
 Then it says, "the following members were present, but did not 
 answer to the roll-call," and they were sixteen ; and then it says, 
 "the whole ntimber of members present was seventy-three," — 
 sixteen and fifty-seven, — being ten more than a constitutional 
 quorum, and every day of this journal the same record is kept 
 up until after the report of the Committee on Elections and 
 certain other persons were admitted. So that not only do the 
 authorities hold that the persons having the certificates of elec- 
 tion are the ones to participate in the organization of the House 
 of Representatives, but the revised journal of the Dunsmore 
 House shows that its members recognized that principle, if this 
 revision is correct. I know that Mr. Rich has made some different 
 statements. I know that a certain journal presented here, of 
 the same bod}-, reads differently. I am now accepting the revised 
 journal as the true statement of the condition of affairs in the 
 Dunsmore House. Of course, the petitioner cannot object to 
 that journal. So I say, not only do the authorities, parlia- 
 mentary and legislative, sustain the theory that the persons 
 having certificates are the ones to organize, not only does the 
 practice and the usage prevailing in Kansas since its organiza- 
 tion and admission as a State sustain that rule, but the newly 
 prepared journal of the Dunsmore House recognizes this and 
 states, not that the contestants were voting, not that the con- 
 testants appeared for the purpose of being counted, but excludes 
 them all the time, until after they were admitted upon a report 
 of the election committee, and it counts only those who answered 
 to the roll-call, and then counts a few who did not answer. 
 
 It seems that while ten contestants are marked in the Duns- 
 more journal as present, but not voting, ten names on the certi- 
 fied roll are wholly omitted. Any rightful reason for such 
 omission does not appear. I cannot perceive any valid reason for 
 such omission, even if ten certified members had their seats con- 
 tested. Every person duly returned to a House of Representa- 
 tives, and having a certificate, is a member thereof, whether 
 elected or not, whether eligible or not, until his election is set 
 aside. And this must be set aside by the House, not by the indi- 
 vidual members before organization, not by any one memljer, 
 not by any contestant, not by any mob. Before organization, a 
 few members properly elected, meeting in caucus or otherwise 
 
10-2 LETTERS TO GOVERNOR LE WELLING. 
 
 can not pass upon the "elections, returns, and qualifications" 
 of the members of the House, to be thereafter organized. If one 
 member, before organization, can object to any other member 
 duly returned and having a certificate, then all members can be 
 objected to, and there could be no one left to organize any House. 
 In McCrary on Elections (2d Ed.) , Section 204, the law is thus 
 stated : 
 
 Where two or more persons claim the same office, and where a judicial 
 investigation is required to settle the contest upon the merits, it is often 
 necessary to determine which of the claimants shall be permitted to qualify 
 and to exercise the functions of the office pending such investigation. If 
 the office were to remain vacant pending the contest, it might frequently 
 happen that the greater part of the term would expire before it could be 
 filled ; and thus theinterests of the people might suffer for the want of a 
 public officer. Besides, if the mere institution of a contest were deemed suffi- 
 cient to prevent the swearing in of theperson holding the usual credentials, 
 it is easy to see that very great and serious injustice might be done. If this 
 were the rule, it would only be necessary for an evil-disposed person to con- 
 test the right of his successful rival, and to protract the contest as long as 
 possible, in order to deprive the latter of his office for at least a part of the 
 term. And this might be done by a contest having little or no merit on his 
 side, for it would be impossible to discover, in advance of an investigation, 
 the absence of merit. And again, if the party holding the ordinary creden- 
 tials to an office could be kept out of the office by the mere institution of a 
 contest, the organization of^ a legislative body— such, for example, as the 
 House of Representatives of the United .States — might be altogether pre- 
 vented, by instituting contests against a majority of the members, or, what 
 is more to be apprehended, the relative strength of political parties in such 
 a body might be changed, by instituting contests against members of one or 
 the other of such parties. These considerations have made it necessary to 
 adopt and to adhere to the rule, that the person holding the ordinary cre- 
 dentials shall be qualified and allowed to act pending a contest and until a 
 decision can be had on the merits. 
 
 A UNIVERS.M, PRACTICE. 
 
 Now, why shotlld not this principle be followed? Why should 
 not this rule, which is universal throughout the States of this 
 Union and which is accepted and adopted by Congress, be fol- 
 lowed in the State of Kansas ? It has history to sustain it ; it has 
 the wisdom of long years of legislative experience to stistain it; 
 it has reason to sustain it. And let me here remark that in every 
 State of this Union where, throtigh political excitement or per- 
 sonal contests, a different rule has been adopted, disturbance and 
 violence and almost bloodshed have always occurred. You take 
 Alabama, where they attempted to hold two independent Houses, 
 and disastrotts consequences followed, until public opinion com- 
 pelled those two bodies to meet together and act in harmony. 
 You take Montana, where they attempted to disregard this well- 
 settled rule, and distttrbance and conflict occtirred. You take 
 Maine, where the State boards of canvassers refused to canvass 
 the returns on file in the office of the Secretary of State as 
 required by the Constitution, and bloodshed seemed at times 
 imminent, but public opinion in that State compelled those two 
 separate bodies to unite and act together for the benefit of the 
 State, and not for the benefit of any party. You take the State 
 of Kansas for the past three or four weeks, and will any one say 
 to me or to yott that the variation of this well-settled rule or this 
 
LETTERS TO COl'EE!i\OR LEWELLEWG. 108 
 
 recognized practice of all legislative assemblies has conduced to 
 the peace, to the quiet, and to the good order of the citizens of 
 Kansas, or to the peace and good order of the legislative assembly 
 of the State ? Then why not, if this co^irt has the power, — and I 
 will come to that hereafter, — why not, if this court has the power, 
 say that it will recognize, if it can do so, that House which has 
 followed the usual and ordinary practice of all legislative assem- 
 blies in organizing ? 
 
 HOW A QUORUM WAS SECURED. 
 
 The journal of the Dunsmore House states the number 
 of persons who were present and answered to the roll-call, and 
 then states how many persons were present who did not answer 
 and the quorum is made up — how? By counting the persons 
 who answered to the roll-call. That is right — sometimes fifty- 
 five, sometimes fifty-seven, and sometimes fifty-eight; and then 
 by counting in addition, as the journal says, persons upon the 
 roll who were present but did not vote. Can this be done? 
 
 THE REED RULE. 
 
 I know that very much is said about the prevailing practice in 
 Washington in the House of Representatives under what is 
 known as the Reed rtfle, and many persons who have not taken 
 time to examine this question have said that under the Reed rule 
 in any assembly, or in any Legislature, or in any convention, if 
 persons are present and do not vote or answer to their names, 
 the Speaker or the clerk may count them in order to make a 
 quorum. It would seem to me that what is known as the Duns- 
 more House, or the persons who prepared this revised journal, 
 acted upon this theory, because in no other way could they count 
 a quorum. But an examination of what is known as the Reed 
 rule permits no such thing whatever to be done. The Reed rule 
 was a subiect of investigation before the Supreme Court of the 
 United States upon what is known as the Tariff Bill. It is reported 
 in United States vs. Ballin, 144 U. S., page i. It appears from 
 that decision that before the Speaker or the clerk counted any 
 one present, not voting, that (the House of Representatives had 
 expressly adopted a rule upon that question, and that rule is as 
 follows • 
 
 On the demand of any member, or at the suggestion of the Speaker, names 
 of members sufficient to make a quorum in the hall of the House who do not 
 vote shall be noted by the clerk and recorded in the journal, and reported to 
 the Spepker with the names of the members voting, and be counted and an- 
 nounced in determining the presence of a quorum to do business. 
 
 The Supretne Court says that after the House adopts such a 
 rtile, under the authority of the House itself, the Speaker may 
 order persons present and not voting to be counted to constitute 
 a quorum, but that court did not hold, in the absence of an ex- 
 press rule, that the Speaker or the clerk, or any other person, 
 could assume that those persons present in a House, who do not 
 answer to their names on the roll-call, or who do not vote, shall, . 
 
104 LETTERS TO GO J 'EN NOR LE WELLING. 
 
 for the j^urpose of a ([uoruui, be counted as present. Therefore 
 the co^intingof such votes in the record or journal of the Duns- 
 more House has no foundation to rest upon. There is no pre- 
 tense that such a rule as the Reed rule was adopted by either of 
 the Houses. There is no pretense that the Speaker of the Duns- 
 more House had any authority from the House to do what was 
 done in this case. But more than that : The persons who were 
 called and counted as present and voting, in order to constitute a 
 quorum in the Dunsmore House, were never members of the 
 Dunsmore House, never recognized Mr. Dunsmore as Speaker, 
 and, according to the evidence of Mr. Dunsmore, each one of 
 the bodies or Houses, after it organized, acted separately and 
 had nothing whatever to do with the other. Speaker Reed 
 never called, in order to constitute a quorum, the name of any 
 person in the House of Representatives who refused to consider 
 and recognize him as Speaker of that House. Even under such 
 a rule as was adopted by Congress, he would not call the name of 
 any person who had not recognized that body as the constitu- 
 tional body, the legal House. 
 
 ORGANIZATION OF THE DOUGI^ASS HOUSE. 
 
 Let us now take up the organization of the two alleged Houses, 
 first the Douglass House. There can be no reasonable question 
 but that George L. Douglass, the Speaker who signed the war- 
 rant of arrest, and Frank L. Brown, who attested the warrant as 
 chief clerk, and C. C. Clevenger, the sergeant-at-arms, who made 
 the arrest we are now investigating, were elected to their several 
 positions by sixty-four members of the House of Representatives 
 holding certificates of election, and that a majority of the one- 
 hundred and twenty-five members voting for them held certifi- 
 cates in accordance with the returns on file in the office of the 
 Secretary of State. 
 
 Mr. Justice Brewer, in delivering the opinion in United States 
 vs. Ballin, said : 
 
 The question, therefore, is as to the validity of this rule, and not what 
 methods the Speaker may of his own motion resort to for determining' the 
 presence of a quorum, nor what matters the Speaker or clerk may of their 
 own volition place upon the journal. Neither do the advantages or disad- 
 vantages, the wisdom or folly, of such a rule present any matters for j udicial 
 consideration. With the courts the question is only one of power. The 
 Constitution empowers each House to determine its rules of proceeding's. 
 * * =:: The Constitution provides that " a majority of each [House] shall 
 constitute a quorum to do business." In other words, when a majority are 
 present the House is in a position to do business. Its capacity to transact 
 business is then established, created by the mere presence of a majority, and 
 does not depend upon the disposition or assent or action of any single 
 member or fraction of the majority present. All that the Constitution 
 requires is the presence of a majorit}-, and when that majority are present 
 the power of the House arises. 
 
 The Constitution of our State ordains that a majority of each 
 House shall constitute a quorum. The House of Representatives 
 consists of one hundred and twenty-five members; sixty-three is 
 a majority and a quorum. When a majority or quorum are 
 present the House can do business; not otherwise. A quorum 
 
LETTERS TO GO VERA OR LEWELLING. lOo 
 
 possesses all the powers of the whole bod}-; a majority of which 
 tiuorum must, of course, govern. If less than sixt}^-three 
 members are present in the House, there is no quorum. The 
 bod}- may adjoiirn from day to day, but can not elect officers, 
 transact business, or admit new members. Less than a quorum 
 can not "judge of the elections, returns, and qualifications" of 
 the members of the House. A major part of the whole of a house 
 is necessary to constitute a quorum, and a majority of the 
 quorum, of course, as I have said, may act; but if the major part 
 withdraw so as to leave no quorum, the power of the minority to 
 act ceases. (Brow7i vs. District of Columbia, 127 U. S. 579.) 
 
 Then, under the usual forms of law, under the universal prac- 
 tice adopted in this State, and in all the legislative bodies of all 
 the States of the Union, the Douglass House was organized by a 
 legal and constitutional majority, as evidenced by the certificates 
 of election. 
 
 NO IRREGUI.ARITY. 
 
 There has been some contention that there were irregularities 
 in the organization of the Douglass House. Now, what was the 
 irregularity, if any? The statute of this State provides that 
 when the House of Representatives convenes, the Secretar}' of 
 State shall lay before it a roll. Of what? A roll of the certi- 
 fied members of the House according to the returns in his 
 office. Upon the day that the House of Representatives met. 
 Secretary of State Osborn went into the hall about an hour and 
 twenty minutes after the members had assembled, with a roll ; 
 the statute says he might have brought that in and left it. There 
 seems to have been a contention there as to whether he should 
 preside, and the Secretary of State, probably desiring no trouble 
 with these conflicting interests, stepped out. All that Secretary 
 Osborn had was a certified list of members from his office. 
 When he stepped out, a member presented another. Somebody 
 has said that that was dated the day before; it was a duplicate of 
 the other roll. Secretary Osborn read his roll in this court and 
 it was compared in the presence of the court with the roll certified 
 the day before. There was no difference between those rolls. 
 The provision requiring the Secretary of State to lay the list 
 before the members is only directory. It does not prevent a 
 legislative body from organizing. Of course, there might have 
 been a little more formality about this matter; there might have 
 been a little more order; there might have been less excitement; 
 but when Secretary Osborn withdrew, another roll was pro- 
 duced, a roll which everybody admits was a duplicate of his roll ; 
 the House organized upon that roll. 
 
 I have said that Speaker Douglass and the other officers re- 
 ceived more than a majority of the duly certified members of the 
 House. The Speaker of the House known as the Dunsmore 
 House received no votes from the sixty-four members. There 
 does not seem to be any reasonable contention about that. How 
 many Mr, Dansmore did receive it is impossible to tell, because 
 
im LETTERS TO aO]E.RXOR LEWELLIMi. 
 
 liis was a viva voce vote. Now, after there was a temporary 
 organization of the Douglass House, Joseph Rosenthal, of Haskell 
 County, was voted in as a member in the place of A. \V. Stubbs. 
 On January I2th, Joseph Rosenthal, Stephen Meagher, and T. G, 
 Chambers, all Democrats, appeared in the Douglass House, filed 
 their oaths of office, and recognized the Douglass House as the 
 legal House of Representatives of the State of Kansas. At this 
 time, both Meagher and Chambers held certificates of election; 
 the returns in the office of the Secretary of State showed that 
 they were elected; therefore, since January 12th the Douglass 
 House has been composed of sixty-six members with certificates 
 of election, and also Joseph Rosenthal, who was admitted after its 
 temporary organization, makingsixty-seven members — more than 
 a majority of the House and more than a quorum as defined by 
 the Constitution of the State. 
 
 Under these circumstances, why was not the Douglass House 
 a legally organized House of Representatives on the loth and i ith 
 days of January, 1893? In this connection, it is significant that 
 the Governor did not recognize the Dunsmore House until Jan- 
 uary 12th, the third day of the session, and the Senate did not 
 formally recognize the Dunsmore House until January 14th, the 
 fifth day of the session. If the Douglass House was organized on 
 the loth of January, and was in session on the i ith day of January, 
 before either House had been recognized, why was not that House 
 at that time the properly organized House? The Constitution 
 says that the Legislature shall consist of a House of Representa- 
 tives and a Senate. On the loth theGovernor had not recognized 
 the Dunsmore House; on the nth the Governor had not recog- 
 nized the Dunsmore House; neither had the Senate recognized 
 either House; neither had the Governor recognized either 
 House. Now it is conceded that a House of Representatives has 
 other duties than mere legislative ones. Before it sends its com- 
 munication to the Governor, before it sends its communication to 
 the Senate, if it legally meets and organizes,is it not aHouse ? Has 
 it not the right to protect itself? Has it not the right to issue sub- 
 poenas? Has it not the right to examine those things which per- 
 tain solely and exclusively to the House itself? Supposing in 
 this case there was no recognition of the Dunsmore House by the 
 Governor or the Senate, and the Douglass House had issued its 
 warrant upon proper resolutions, could it be said the Douglass 
 House was not the constitutional House because it had not re- 
 ceived recognition from the Governor, or because it had not yet 
 received recognition from the Senate? Up to this time, every- 
 body admits that there might be some little delay about such 
 things; it often occurs in legislative experience that one body is 
 organized some days before the other. There may be conflicting 
 interests about organization, sometimes in the Senate, but more 
 often, of course, in the lower House. Now, the point I desire to 
 make is this — and it seems to me conclusive and unanswerable — 
 that if the Douglass House had a constitutional majority of the 
 certified members upon the loth and nth days of January, then 
 
LETTFRS TO G01'/:h'i\0R LEWEIJJNG. 107 
 
 luring those two days it was the House, it was the legal House, 
 it was the constitutional House, and had the right to do all those 
 things necessary, outside of legislative matters, for its protection, 
 for preventing disturbance, for purging itself of illegal members. 
 It had the right then to punish parties for contempt, if they dis- 
 obe3-ed its orders. Let us take an illustration : One hundred and 
 twenty- five members of the Legislature meet together, and there 
 is no conflict. They organize the House and the Senate is delayed 
 in its organization and the Governor delays in answering its com- 
 munications ; has not that House during the time of this delay all 
 rights of the legal and constitutional House of Representatives? 
 Has it not the right, the moment it is legally organized, to require 
 order -within its body? Has it not the right, the very minute it is 
 organized, to say to any person within its hall, who attempts to 
 insult its Speaker or disturb a member, "We will lay hands on 
 you, because inhering in this body is the power of its own 
 protection"? 
 
 It was decided in State vs. Hillyer, 2 Kas. iS, that : 
 
 There is no coustitutional inhibitiou of the session of one branch of the 
 Legislature when the other is not in session ; and, Senible, the separate 
 action of one body may be valid in the absence or non-organization of the 
 other. 
 
 Then if the Douglass House was legally organized, and had 
 a coustitutional majority, as I understand the law, it had the 
 right to keep a journal before the Governor recognized it; it had 
 the rightto keep a journal before the Senate recognized it. The 
 journal of a legislative body commences at its very organization. 
 
 The journal of a legislative House does not commence with 
 the recognition from the Governor; it does not commence with the 
 recognition from the Senate. If the Douglass House was legally 
 and constitutionally organized, and was legally and constitu- 
 tionally in session, is not the journal of the Douglass House, 
 made on the loth and nth days of Jantiary, binding and con- 
 clusive upon this court? This court has said that a journal 
 properly made by the Legislature is such evidence. [Division oj 
 Ho'cvard County, 15 Kas. 194.) I am uowtalking about the journal 
 of the Douglass House made on the loth and nth days of Jan- 
 uary, before any recognition of either body; before the recog- 
 nition from the Senate or Governor of the House. Either we 
 must say that the House of Representatives depends for its exist- 
 ence upon recognition from the Governor, or depends for its 
 existence upon recognition from the Senate, or depends for its 
 existence upon the recognition from both of these, or else we 
 must say that thejourual kept by the body that is organized is 
 the conclusive journal to this court up to the time of the recog- 
 nition of the other House. Then it seems to me that thus far in 
 the case there ought to be no disagreement. 
 
 Now, the Dotiglass House having been legally organized and 
 having made a journal for a day or two before any recognition of 
 either House, it seems that this journal for those days must be 
 received as evidence for all it recites. 
 
 As the Douglass House has continued in existence ever since 
 
los f.ETTERS TO GOITER NOR LEWEI.LINC. 
 
 it was legally and coustitutiouall}' organized, its journal must 
 import absolute verity, not only for the two days before recog- 
 nition of the Uunsmore House, but during all of the time of its 
 existence, unless it has in some way been ousted, destroyed, or 
 dissolved. Clearly, if its legislative journal is good for January 
 loth and nth, it is good for all time, if the Douglass House was 
 legally organized and continued during the days of its journal 
 to be a legal and constitutional House. 
 
 At this time, without going extensively in the transactions 
 of the two bodies, it is sufficient to say that the Douglass House 
 has always met in the Hall of Representatives in the Capitol, 
 where it has been usual and customary, since the erection of that 
 hall, for the House of Representatives to meet and transact 
 business. 
 
 It is true that another body, called the Dunsmore House, with 
 fifty. eight members having certificates, met in a portion of the 
 same hall, and hence there were two alleged Houses in the same 
 hall doing or attempting to do business. The two alleged Houses 
 are the real cause of the contention now before us. 
 
 If there were not, there would not be any trouble in this case, 
 and there probably would not be this case for the court to hear 
 and decide at this time. It is also clear that, so far as it could do 
 business, it has carried on business. 
 
 THE court's JURISDICTION. 
 
 At this point it is urged with great ability and zeal that this 
 court has no jurisdiction to pass upon the question of the legality 
 of either of these two Houses — as it appears that there were two 
 alleged Houses. Its right to do so is denied by the petitioner 
 and by the able counsel who represent the Governor. As was 
 said by Chief Justice Marshall in Cohens vs. Virginia, " It is most 
 true that this court will not take jurisdiction if it should not ; 
 but it is equally true that it must take jurisdiction if it should." 
 The judiciary cannot, as the Legislature may, avoid a measure 
 because it approaches the confines of the Constitution. We can- 
 not pass it by because it is doubtful ; because it is unpleasant. 
 With whatever doubts or with whatever difficulties a case may be 
 attended, we must decide it as best we can if it be brought before 
 us. We have no more right to decline to exercise the jurisdic- 
 tion thus given, than to usurp that which is not given. 
 
 Let us see what the authorities are upon this point. I read 
 again from the able work of Judge McCrary. He says : 
 
 The cases in which the official acts or votes of members of a legislative 
 body who are such de facto only, and not de. jure, have been held valid, are 
 all cases in which there has been no question as to the legality of the body 
 in which they sat. They are cases in which the body admitting such persons 
 was, in doing so, acting within its admitted jurisdiction, and in such cases 
 the courts will not inquire into the title of such members to their seats. The 
 courts in such cases will go no further than to inquire as to the legal status 
 and the authority of the body; as a whole; but where there are two bodies 
 each claiming to be the Legislature, then the court whose duty it is to 
 respect and execute the acts of such Legislature must of necessity decide 
 which is the Legislature. 
 
LETTERS TO GOVERNOR LEWELLING. 109 
 
 Then again : Under the Constitution of Maine, the IvCgisla- 
 ture could propound questions to the Supreme Court of that 
 State, and in a certain case the}' did propound questions, and this 
 is what the Supreme Court of Maine said : 
 
 When different bodies of men, each claiming- to be and to exercise the 
 functions of the legislative department of the State, appear, each asserting 
 their title to be regarded as the law-givers for the people, it is the obvious 
 duty of the judicial department, which must inevitably at no distant day 
 take up the question and pass upon the validity of the laws that may be en- 
 acted by the respective claimants to legislative authority, to inquire and 
 ascertain for themselves, with or without questions presented by the claim- 
 ants, which of them lawfully represent the people from whom they derive 
 their power. There can be but one lawful Legislature, and the court must 
 know for itself whose enactmentsit will recognizeas laws of binding force, 
 when brought judicially before it. In a thousand ways it becomes essen- 
 tial that the court should forthwith ascertain and take judicial cognizance 
 of the question, " Which is the true Legislature? " 
 
 Now, in the 71st Maine, in a case concerning an office, — not 
 upon questions submitted, but upon a case concerning an office 
 which was brotight before the court in the regular way, — the court 
 repeats the identical language used in the advice given ttpon the 
 former occasion. • 
 
 If it is the obvious duty of the judicial department to pass upon 
 the claims of two legislative bodies or assemblies, then it is also 
 the duty of the judicial department to pass upon the legality of 
 two different Houses, both claiming to be the House of Repre- 
 sentatives. 
 
 It has been said that there are some views the other way, and 
 a case from Pennsylvania is cited and a case from Georgia is 
 cited. In the Pennsylvania case, the exact question as to the 
 division of the Legistature was not before the court. If the court 
 intended to say in that case that an injunction would not be 
 granted against the supreme Legislature, this court would readily 
 concur with it. If it intended to go further than that, this court 
 then calls the attention of counsel to the fact that upon political 
 questions, as they are denominated in Pennsylvania and Georgia 
 and some other States, this court has heretofore differed from 
 the courts of those States. 
 
 THE MARTIN CASE. 
 
 In the case which involved the late Governor Martin, the 
 qtiestion was raised whether he could be compelled by writ of 
 this court to organize a county in this State. Governor Martin 
 had been advised that under the decisions of Georgia and Penn- 
 sylvania and other States this court had no authority whatever by 
 writ of mandamus or other pioceedings to give him advice or 
 direct him in a ministerial matter. He came before this court 
 saying that the court had no authority, under the decisions of 
 several States, to inquire into any matter against him as Gov- 
 ernor. This court examined the matter patiently and carefully. 
 There were no politics in that case . The Governor believed his 
 duty was one way, and this cotirt, after examining the matter, 
 said that the rule laid down in Pennsylvania and Georgia, and in 
 other States, was not the best rule and was not the one which 
 
110 LETTERS TO GOVERNOR LE WELLING. 
 
 should be recognized. We referred directly to Pennsj-lvania and 
 Georgia decisions upon this question. The latter were to the 
 effect that the court can not compel the Governor to perform a 
 ministerial act, that it can not touch anywhere his domain of 
 duties of any kind or character. It is true dissenting opinions 
 were filed in some of those cases, but it is the majority of the 
 court that always rules. A majority of the court in Pennsylvania 
 and Georgia held that neither the Supreme Court nor any other 
 court had any right to inquire about a dutj^ of the Governor con- 
 cerning any matter, whether ministerial, discretionar}-, or any- 
 thing else. In the case of Blartiti vs. Ingram, fotind in the 3Sth 
 Kansas on page 641, the decisions are cited. They are all gone 
 over, and in a most learned and able opinion by Mr. Justice 
 Valentine this whole question is examined, and, so far as that 
 particular question was concerned, was then settled. This court 
 differed from the Supreme Courts of the States of Pennsylvania 
 and Georgia, and although the Governor of this State said, "You 
 have no right to give me advice," and although it was said the 
 Governor was beyond the powei; of this court, and that we should 
 hesitate before we attempted to enforce his duties, this court 
 unanimously went upon the discharge of its duties in the best 
 way it could, and in response to the suggestion that the Governor 
 would not obey, the cour.t^aid : 
 
 It is said that if the Governor opposes theorder or judgment of the court, 
 it cannot be enforcedj for, it is said, he has entire control of the militia. But 
 are the courts to anticipate that the Governor will not perform his duties? 
 Should not the courts rather presume that when a controversy is determined 
 by the courts, the only tribunals authorized by the Constitution or the stat- 
 utes to construe the laws and determine controversies by way of judicial 
 determination, that the Governor, as the chief executive officer of the State, 
 would see that such determination should be carried into full effect? Such 
 would be his duty, and no one should suppose that he woiild fail to perform 
 his duty when his duty is made manifest by jiidicial determination of the 
 courts. Nodepartment should ever cease to'perform its functions for fear 
 some other department may render its acts nug-atory, or for fear that its 
 acts may in some manner affect the conduct or the status of some other 
 department. 
 
 In this case, we are not called upon to make any oraer con- 
 cerning the Governor; in this case, we are not called upon to 
 make any order concerning the State Senate ; we are simply 
 called upon to exercise our' judicial determination as to which is 
 the legally organized and constitutional House of Representa- 
 tives. There can be no conflict; there should be no conflict. 
 The court is answerable to the people of this State ; the Gov- 
 ernor is answerable to the people of this State; the House is 
 answerable to the people of this State. 
 
 But again: In 1S79 the House of Representatives of this 
 State associated with itself some persons above the number of 
 one hundred and twenty-five. An act was passed by the Legis- 
 lature; it was passed by what was called the House; it was 
 passed by the Senate and approved by the Governor ; it was 
 published in the State paper; and yet, when that act of the 
 Legislature came before this court for examination, it said "that 
 the House of Representatives had no lawful authority to pass 
 
LETTERS TO GOVERNOR LE WELLING. Ill 
 
 the act," and it wiped it out of existence. There was no conflict 
 between the Governor and the Senate or the House in doing this 
 thing. Supposing the Legislature of 1S79 had passed every act 
 by votes of that character, and they had been proclaimed and 
 published, this court's duty would have been to have declared 
 every such act void. 
 
 de;fines the power of the court. 
 
 It is said that we cannot find a line in the Constitution giving 
 this court authority to pass upon this question of organization. 
 It is the acknowledged power of this court to finallj' pass upon 
 every act of the Legislature. It is the acknowledged power 
 of this court to declare acts of the Legislature void. In the 
 case in the 20th Kansas, the Francis case, there was nothing 
 upon the face of the act to show but what it was a legal enact- 
 ment. It was properly signed ; it was properly enrolled; it was 
 properly published ; but this court went into the House of 
 Representatives and examined its journals and ascertained that 
 the House was not a constitutional body, and it stamped the 
 so-called act out of existence. It had the power to do it, and 
 that decision has been recognized ever since. 
 
 Now it is said that the court cannot inquire by quo zvarranto 
 into the right of membership of these respective bodies. This 
 court said that, and I delivered the opinion in the Tomlinson 
 case in the 20th Kansas, 692 ; but when this court has the ulti- 
 mate right and dut)- to pass upon acts of the Legislature, it has 
 also the right to pass upon the organization of the Legislature, 
 or either or both Houses ; although it has no right whatever, 
 after the Legislature is organized, to deal with any question con- 
 cerning "the qualifications or the elections or the returns of the 
 members." 
 
 But it is claimed that the Douglass House has been destroyed 
 or ousted by the recognition of the Dunsmore House from the 
 Governor and the Senate. The Governor did not recognize the 
 Dunsmore House until January 12th, the third day of the session, 
 and I gather from the journals that the Senate did not formally 
 recognize the Dunsmore House until the 14th day of Januar5^ the 
 fifth day of the session. It is true it appears that the secretary of 
 the Senate went to the Dunsmore House and presented some 
 communications before that date, but he explains that it was 
 not by order of the Senate", but because some of the senators 
 asked him to do so. 
 
 recognition by The governor and senate does not create 
 
 A HOUSE. 
 
 Now, the conclusion I have reached is that, taking the journals 
 before us, the House that the Governor recognized consisted of 
 fifty-eight members — not a constitutional quorum, not a consti- 
 tutional majority ; the House that the Senate recognized con- 
 sisted of fifty-eight members — not a constitutional quorum, not a 
 
112 LETTERS TO GOVERNOR LEWELLING. 
 
 constitutional majority. It has been said that as the Governor 
 must act in this matter, that as the Senate must act in this mat- 
 ter, should not their actions be final and co-nclusive ? That seems 
 to be one theory. If that is the correct view, the court's connec- 
 tion with the case would be very brief. All we would have to do 
 would be to ask: "What did the Governor do? What did 
 the Senate do.?" I admit that for certain purposes recogni- 
 tion from the the Governor should be considered ; I admit 
 that for certain purposes recognition from the Senate 
 should be considered. All departments of the government 
 should pay all proper respect to the acts of all other depart- 
 ments. The Governor, overwhelmed witli business, perplexed 
 with the duties surrounding him, not having time to inves- 
 tigate, recognizes a body which is not a constitutional body. 
 The Senate passed a resolution to investigate, but, examining the 
 journal, I cannot find any report upon that resolution. They 
 recognize a body not a constitutional body. Is such a recogni- 
 tion final? Is it conclusive? Does it bind this court? Is the 
 end of the duty of this court to simply inquire what are the 
 records in the office of the Governor and the State Senate? I 
 admit that if, after such recognition, the Douglass House had 
 voluntarily departed from that room and had gone their several 
 ways to their homes, and that body of fifty-eight members had 
 increased its membership in any way it pleased, by lawyers, by 
 doctors, by anybodj^, and they had gone on and continued busi- 
 ness without interference and without challenge, such recognition 
 would have some weight. But that is not the case presented 
 here. It even appears that in the State Senate there were able 
 and distinguished members outside of what iscalled the minority 
 party, who seem to think that recognition of the Dunsmore 
 House by the Senate was not proper under all the circumstances. 
 I find in the journal the name of Senator Taylor, of Wyandotte 
 County; I find the name of Senator O'Bryan ; I find the name 
 of Senator Dillard. If I read the journal correctly, these men 
 seem to differ from the majority and not to agree upon recogni- 
 tion at the time it was made. 
 
 But the Constitution ordains that it takes a majority of each 
 House to constitute a quorum. The Governor cannot recognize 
 as a House a body which has no quorum, which is not a consti- 
 tutional House. The Governor cannot create a House out of an 
 unorganized or unconstitutional body, at his own will. He 
 
 cannot abolish or destroy, by his order, any legal or constitu- 
 tional House of Representatives. The Senate cannot_ create or 
 abolish a House of Representatives. It cannot recognize an un- 
 organized or an unconstitutional body as a legal-or constitutional 
 House. Neither the Governor nor the Senate together can_ cre- 
 ate, at their own will, a legal or constitutional House. Neither 
 can they both abolish or destroy a legal or constitutional House. 
 The House of Representatives is a bod}' authorized by the Con- 
 stitution of tlie State, and for certain purposes is independent 
 and sei)arute from the Senate or the Governor. Each House keeps 
 
LETTERS TO GOJ'ERNOR LEWELLING. 113 
 
 and publishes its own journal, each House establishes its own 
 rules, and each-House is the judge of the elections, returns, and 
 qualifications of its own members. The legislative power of this 
 State is vested in a House of Representatives and Senate, not in 
 the Governor and Senate alone. 
 
 IN NO sense; a de; facto house. 
 
 But again : It is claimed that the Dunsmore House has be- 
 come a de facto House by the recognition from the Senate, the 
 Governor, the executive officets, and others. As I said a moment 
 ago, if the House known as the Dunsmore House had full ana 
 unlimited possession of the Hall of Representatives and the rival 
 party had ceased its existence, the question of a de facto Legis- 
 lature would have strong force in this case. There often comes 
 a time in the conduct of all bodies and officers when, on account 
 of public interests, irregiilarities and even wrongs are cured. But 
 here is a valid and constitutional House attempting to carry on 
 business. Every day of its session, so far as its journals show, 
 the Doviglass House challenged the rightfulness of the Dunsmore 
 House; it challenged the action of the Governor; it challenged 
 the action of the State Senate; and the very first act of the Sen- 
 ate and the Dunsmore House was seized by a court of this 
 State and throttled out of existence. Although the temporary 
 order of injunction was Hiade b}' the District Court of Shawnee 
 County, until it is reversed or vacated by proper proceedings in 
 this court, it is as valid and binding between the parties as the 
 order of the Supreme Court of the State. 
 
 This court must t»ake knowledge of all the usual and ordinary 
 incidents which are transacted around it, and it is unnecessary to 
 say that the challenge has been so successful that various bodies 
 have divided upon this question, and there has been no acqui- 
 escence and no general agreement among the people that th« 
 Dunsmore House is a valid House. 
 
 ANOTHER IRRELEVANT REFERENCE. 
 
 We were referred to a case from Georgia. If we had a case of 
 that kind before us, the question of a de facto government would 
 be very strong. After going over all the matters connected with 
 it, the court, among other things, says: 
 
 In this case there was a hot dispute over the matter. Men honestly dif- 
 fered as to the truth of the case, and the decision was made. It -has been 
 acted upon for two j'ears by the people, by the executive, and by this court, 
 until it has become an accomplished fact. — Railroad vs. Little, 65 Ga. 370. 
 
 Whenever an act of the Legislature is brought into this court, 
 which is not a violation of the Constitution, which has been acted 
 upon by the people of the State for two years, and which has been 
 acted upon by this court as a completed and binding enactment, 
 a de facto law organization may come into existence. When such 
 a case comes, we will decide. 
 
 But there is no such case presented by the journals ; there is 
 no such case presented by the argument; there is no such case 
 -8— 
 
Ill LETTERS TO GOVERNOR LE WELLING. 
 
 for us to pass upon. The Duusmorc House never had but fifty- 
 eight constitutional members. It never had the legal power to 
 create any more members. It therefore never had the legal 
 power to enlarge its existence. So long as there is a legal and 
 constitutional House of Representatives carrying on business in 
 the identical hall where it is usual and customary for its business 
 to be transacted, it seems to me that this question of z. de facto 
 House of Representatives has not arisen to that dignity or acqui- 
 escence worthy of serious consideration. 
 
 Is it possible that a body consisting of less than a quorum, 
 less than a majority, can be a constitiitional House of Represent- 
 atives under any circumstances, whether by recognition or 
 otherwise? 
 
 It is necessary that a majority of members elected to each 
 House, voting in the affirmative, shall be necessary to pass any 
 bill or joint rule. No act, not having received a constitutional 
 majority of the votes of the members of the House, can ever 
 become a law. It is immaterial what the Senate may do, what 
 the Governor may do. A constitutional majority of the votes of 
 the House of Representatives is necessary for legislative action 
 in any case. 
 
 In the case oiThe State of Kansas vs. Board of Commissioners 
 of Ford County, 12 Kas. 441, it was ruled that: 
 
 Where the Legislature has seemiug-ly recognized the existence of a 
 countj' organization of a certain county by passing an act providing for the 
 holding of terms of the district court therein, but where such county, up to 
 the time of such seeming recognition, never had any organization, de 
 f^cto or otherwise, such recognition does not have the efifect to create an 
 organization. 
 
 THE DOUGLASS HOUSE THE LEGAL ONE. 
 
 From all that we have said our conclusion is, and must imper- 
 atively be, that the House known as the Douglass House is the 
 legal and constitutional House of Representatives of the State 
 of Kansas, and being such House, it has the power to compel 
 witnesses to appear and testify before it or one of its committees 
 in election contests arising in that bodj'. It has full power to pun- 
 ish for contempt any witness who refuses to appear when person- 
 ally subpoenaed in an election contest or other proper proceedings 
 pending before that body. It has also the power to protect itself 
 from disorder, disturbance, or violence. . 
 
 A QUESTION ABOVE PARTY AND PARTISANSHIP. 
 
 It has been suggested that we should hesitate to give an opin- 
 ion in this case upon the legality of either of the contending 
 bodies claiming to be the House of Representatives because un- 
 pleasant complications might arise therefrom; and it has been 
 even suggested that the Governor and the Senate will not find 
 their way clear, after what has passed, to communicate and act 
 with the legal House known as the Douglass House, and there- 
 f'^re, as a result, that appropriations may fail; that the Governor's 
 o.lkc, and all the other departments of the government, iuclud- 
 
LETTERS TO GOVERNOR LEWELLING. 115 
 
 ing the judiciary, will have uo funds with which to transact pub- 
 lic business. More unfortunate still, it has been suggested that 
 the educational, charitable, and penal institutions of the State 
 will be closed and the inmates discharged for want of money 
 with which to operate them. I trust that such will not be the 
 result. I assume that the Governor of the State is honest and 
 patriotic ; I assume that the members of both Houses and the 
 Senate are honest and actuated by worthy motives; and I trust 
 that in the end there may be some way, as in Alabama, as in 
 Maine, by which the legal bodies and the Governor can act har- 
 moniously and unitedly. The questions involved in this case are 
 above partisanship ; they concern the public; they concern the 
 State, and party and partisanship should be wholly disregarded 
 by each and by all. Let the mistakes of the past be corrected, 
 and the unfortunate differences pass, without further comment, 
 into oblivion. Let mutual concessions prevail, and then, per- 
 haps, amicable relations between the belligerent and discordant 
 elements may be restored. " He serves his party best who serves 
 his country most." 
 
 The gravity of the subject I fully understand. Certainly no 
 constitutional or public question can be more solemn than that 
 arising from the present contention respecting the organization 
 of the House of Representatives. While I deplore the occasion 
 which compels us to hear and determine this case, I feel con- 
 strained by the imperative command of the Constitution, and by 
 my own conscientious discharge of public duty, to declare these 
 views irrespective of policy or expediencj'. Entertaining the views 
 I do, I cannot consent to rob the highest judicial tribunal of this 
 State of its constitutional rights, nor can I consent to exalt the 
 executive or the Senate of the State above the demands of 
 justice, of safety, or the welfare of the people. 
 
 THE inevitabi^e; resui,t of the populists' method 
 
 CLEARI^Y SHOWN, y 
 
 But if all the unfortunate circumstances should arise which 
 have been predicted, disastrous and fearful as they :nay bej we 
 believe the consequences will be more unfortunate to the people 
 of this State and put all the people in greater peril if this court 
 should, by a majority of its members, declare and proclaim that 
 the refusal of the Governor or the Senate, or of both, to recognize 
 the constitutional House of Representatives wipes the House out 
 of existence, when it is attempting to carry on its duties in a 
 legal and lawful way — wipes out the House and takes from the 
 people its most popular branch of the Legislature, that body 
 which is closest and dearest to their hearts. If the action of the 
 Governor and the Senate can do that now, then two years ago 
 ^Governor Humphrey and the Senate, which was almost unani- 
 'mously of his own political party, might have recognized a minor- 
 ity of the other House, and with such recognition could have re- 
 elected Senator John J. Ingalls to the United States Senate and 
 defeated Senator Peffer, and could have then carried on all busi- 
 
116 LETTERS TO GOVE Ry OR LE WELLING. 
 
 ness under the rule of recognition. If the present Governor and 
 Senate may do this now, another Governor and another Senate 
 may follow the example, and hereafter, ior all time, with the 
 sanction of this court, the Legislature will be composed of the 
 Governor and one House, recognizing and communicating with 
 some other body, whether lawfully elected or not. The election 
 of the second body will then be useless, unnecessary, abortive. 
 Under such a practice we would have two Houses in name, but 
 one only in fact. The one subservient to those that recognized 
 it, but not independent and not representing fully all the people. 
 Either we would have such an anomalous condition of affairs, or 
 else at every organization of the Legislature, or of either House, 
 we would have at the Capitol of the State the clash of resounding 
 arms and the contention of armed forces. In such a case force, 
 and force only, would rule, and not law. At such a conditicwi 
 I stand appalled, and if a contrary doctrine than here announced 
 be maintained, such a condition of affairs will follow. 
 
 I commend to all who question the supremacy of the law, or 
 the duty of complete obedience to the mandates of the court, the 
 words and actions of the old Spartan. When Agesilaus, a Spar- 
 tan general, renowned for all time, was, after years of desperate 
 effort, upon the very threshold of success over his ancient enemy 
 the Persians, he was suddenly recalled to Sparta to the defenseof 
 that nation against 'the threatened assault of new enemies, but 
 recently friends. Upon the instant he answered, obedient to call 
 of country, and, leaving a field of operations pregnant with vic- 
 tory,he returned to meet the call of duty. He sent this message : 
 
 Agesilaus to (he Ephori, greeting: 
 
 We have reduced part of Asia, put the barbarians to flight, and made 
 great preparations for the war in Ionia ; but as 5'ou order me to return, I am 
 not far behind this letter, andwould anticipate it if possible. I received the 
 command not for myself, but for my country and its allies. I know that a 
 general does not deserve or really fulfill the duties of that name but when he 
 suffers himself to be guided by the laws and the Ephori and obeys the 
 magistrates. 
 
 And by this obedience, the historian declares, he demonstrated 
 the truth of what was said: " That at Sparta the laws ruled men, 
 and. not men the laws." 
 
 Ill conclusion, speaking for myself alone, and not for my 
 brothers on the bench, I adopt substantially the language of 
 Chief Justice Agnew, of the Supreme Court of Pennsylvania, 
 when, with a courage and firmness worthy of John Hampden, in 
 attempting to uphold the dignity and independence of his court, 
 he said : 
 
 On no ground of the Constitution, law, public justice, State policy, or 
 sound reason can I discover any exemption of any officer in the State, high 
 or low, from the common duty all citizens owe to ihe due administration of 
 justice. I cannot abnegate a power entrusted to me by the people, and 
 will return to them my commission, unsullied by any dereliction ofdutj", 
 rather than to abase this court and pay obeisance at "the shrine of unwar- 
 ranted power or unconstitutional authority. 
 
 The Chief Justice then stated that Mr Justice Johnston fully 
 concurred in what he said, but that Mr, Justice Allen dissented. 
 
LETTERS TO (;OrERyOR LE WELLING. 117 
 
 DISSENTING OPINION OF ASSOCIATE 
 JUSTICE ALLEN. 
 
 The following is a full statement of Associate Justice Alien, 
 given orally, dissenting from the decision of Chief Justice Horton 
 and Associate Jtistice Johnston. This opinion, as here given, has 
 been revised by Justice Allen since it was delivered on February 
 
 The questions involved m this case are perhaps of greater 
 magnitude than those which have ever been involved in any con- 
 troversy heretofore occurring in this court. It involves the con- 
 stitutional powers rights, and duties that are distributed by the 
 fundamental law among the several departments of the govern- 
 ment. In our State, as in all other States, we have three great 
 coordinate branches of government — the executive, the legisla- 
 tive, and the judicial; each in its sphere is supreme; each is 
 accountable to the people, and to the people alone, for its acts; 
 neither can encroach upon the powers crranted to the other; 
 neither can perlorm those duties which are entrusted by the Con- 
 stitution to the other. 
 
 In what I say in this case, I may premise that I speak merely 
 from first impression. In my judgment, no opportunity has been 
 afforded this court to fairly consider, as a court of last resort 
 should consider, the great constitutional questions which are 
 presented for our consideration. As stated by the Chief Justice, 
 the judges of the court spent nearly the entire day of yesterday 
 in consultation. The examination which we have been able to 
 make, since the hearing in this case, of the authorities cited by 
 the very learned and able counsel on both sides has been of the 
 most cursory character. It must be apparent to any lawyer that 
 the careful digesting and careful criticism of all the cases that 
 have been decided by courts of last resort have been impracti- 
 cable, impossible to be performed by the judges of this court; 
 and what I now say, I reserve the right hereafter, when I shall 
 prepare and file an opinion in this case, to correct any error that 
 I may make in the opinion now expressed. 
 
 HE AIvSO REVIEWS THE FACTS. 
 
 This case is brought by a citizen of this State who is restrained 
 of his liberty by one C. C. Clevenger, claiming to act as the ser- 
 geant-at-arms of the House of Representatives, It was conceded 
 on the hearing that if he were the sergeant-at-arms, armed with 
 a warrant signed by the Speaker of the House of Representatives, 
 that this detention is legal. This petitioner now asks this court 
 
118 LETTERS TO GOVERNOR LE WELLING. 
 
 to discharge him from that restraint because of a waut of power 
 in the Speaker, or the gentleman who, acting as Speaker, issued 
 the warrant. Upon an inquiry so arising it became the duty of 
 this court to pass upon the power of George L. Douglass to issue 
 this warrant. - The court in a collateral proceeding is now called 
 on to decide a question of right between two contending bodies, 
 each claiming to be the House of Representatives of this State — 
 and right here I may say that the very statement of this question 
 in connection with an admission which was made by the counsel 
 on the part of the respondents shows the peculiarity of the posi- 
 tion that this court takes when it assumes to determine for its- 
 self the questions that are so presented. It was conceded on the 
 argument of this case that this court would not have the power, 
 in an action brought directly by one of these contending bodies 
 against the other, to decide and determine this controversy and 
 to oust the wrongful body from the possession of the office of the 
 House of Representatives and to place the rightful body in pos- 
 session of the office. Then the power of this court at this junc- 
 ture is but advisory ; it then has no power to go into the full 
 merits of this contraversy and to decide it according to the very 
 right of the matter. Controversies of this kind have arisen in 
 times past, and it is to be feared that they may arise in times to 
 come. It is necessary that the public duties should be performed; 
 it is necessary that power should reside somewhere to speedily 
 settle controversies arising between contending claimants to the 
 right to exercise the duties of the House of Representatives. 
 
 QUESTIONS The; court's jurisdiction. 
 
 Has the Constitution invested this court with the power to 
 hear and determine controversies of this character ? It was cou- 
 ce(?ed on the argument and in the remark of the Chief Justice 
 that the Constitution has not reposed that power in this court. 
 Then I ask: Can this court in a collateral action do that which 
 it cannot in a direct proceeding? It may be said that these 
 questions must be settled ; it may be said that this court is now 
 in an action of which it has unquestioned jurisdiction, called 
 upon to decide this very question. The answer to this is, that 
 this court has already been aided by a decision. We have not 
 here before us a case of dual organization of the Legislature ; we 
 have not here before us a case as in Maine, if I catch the facts of 
 that case correctly — I have not examined it critically ; we have 
 not a case of two Houses and two Senates, each claiming to 
 constitute the IvCgislature, and that is what is necessary to make 
 up a Legislature ; but we have in this case two Houses disputing 
 each other's rights, and a Senate concurring with one of these 
 Houses.- Section i of Article II. of the Constitution reads : 
 " The legislative power of this State shall be vested in a House 
 of Representatives and a Senate." Section 3 of Article I. of the 
 Constitution reads: "The supreme executive power of the 
 State shall be vested in a Governor, who shall see that the laws 
 . are faithfully executed." The statute requires the Governor to 
 
LF/fTPlRS ro GOVERNOR LE WE LUNG. 119 
 
 do various things with reference to the matter of laws. He 
 must, wheu the Ivegislature convenes, communicate to it such 
 information as he deems necessary. He miist transmit what is 
 known as a message to the two bodies. In transmitting that 
 message, he must of necessity ascertain what is the House of 
 Representatives. In the very beginning of the procedure of any 
 Legislature, the Governor must of necessity find and determine 
 what body of men compose the Senate. And in the performance 
 of that duty, the Governor of the State of Kansas is responsible 
 to the people of the State, and to no one else. The Constitution, 
 the laws, and the people by their suffrages, have vested in him 
 the power to investigate and determine, so far as his duties are 
 concerned, what body is the House of Representatives. It must 
 be conceded that no duty rests on this court in the inception of 
 the proceedings of a legislative body to inquire and determine 
 what body is the Legislature. But that duty does devolve upon the 
 executive. We have also another body, the State Senate, also 
 deriving its powers from the limitations of the Constitution, also 
 deriving its powers and authority from the people who have 
 selected the members. Upon that Senate the duty rests just as 
 carefully as any duty that can rest upon this court. In the dis- 
 charge of the duties devolving upon them, the senators are just 
 as supreme, their heads rise just as high and no higher than the 
 heads of the members of this court. That Senate in the dis- 
 charge of its duties must communicate with the executive depart- 
 ment of this government ; it must communicate with its con- 
 current branch of the law-making department of this govern- 
 ment; and where there are two contending bodies, each claiming 
 to be the House of Representatives of this State, in the very 
 nature of things the Senate must hear and determine the question 
 as to which of these bodies is the House of Representatives. 
 Possibly it may be digressing somewhat from a strict considera- 
 tion of the legal questions in the case, and I hope I shall be 
 pardoned for referring to the fact that I was in the Senate at the 
 time of the discussion of the resolution recognizing the Duns- 
 more House of Representatives. It is my good fortune to be 
 acquainted with many of the senators, and among them men 
 affiliated with the Republican party, lawyers of great learning 
 and ability, whose opinions are entitled to great respect. In the 
 discussion of that resolution from the Republican side, it was 
 conceded by several of these learned and distinguished senators 
 that if the Governor of this State had recognized the Dunsmore 
 House as the legal House of Representatives, and if that resolu- 
 tion should be passed by the Senate of the State of Kansas, that 
 the whole question was concluded, that that was an ultimate and 
 final judgment and decision of the power which under the Con- 
 stitution and law of this State was authorized to hear and finally 
 decide the question as to which of these conflicting bodies was 
 the lawful House of Representatives. The opinions of these 
 senators, it seems to me, are entitled to great respect. In many 
 of the States, and under many Constitutions, the higher branch 
 
no LETTERS TO COrEk'XOR LEWELIJXG. 
 
 of the legislative department, as usually coustituted, is the court 
 of last resort. For inauy years the Senate of the State of Ne\v 
 York was the ultimate court of appeals for the determination o) 
 all law questions in that State. The House of Lords has foi 
 centuries been the highest tribunal in England for the deter- 
 mination of legal controversies. I do not knowthat at this time an\ 
 such tribunal exists in any of the States, but when it is assumed 
 that the Senate of this State is a body whose decision and deter- 
 mination may be brushed aside as though it were not, and when 
 it is assumed that the Executive of this State, the representative 
 of all the people of this State, acting within the line of his duty, 
 acting in the exercise of his discretion as the chief of the execu- 
 tive department of the government, is not to be respected, and 
 his deter:nination not only is not conclusive, but is not entitled 
 to the respect of this tribunal, I am forced to enter my dissent 
 and non-concurrence from any such expression of opinion. 
 
 CRITICISES THE TRIAL. 
 
 I shall not enter into an extended discussion of the facts grow- 
 ing out of the organization of these Houses. In my judgment, 
 much of the evidence which was introduced on the trial of this 
 case was wholly irrelevant, and was such as this court should not 
 have received. As to the exact boundaries and the definite rviles 
 which should be laid down by this court for the determination of 
 these questions, I do not desire to express any opinion, but 
 shall reserve the whole subject for consideration when I file a 
 formal opinion in the case. 
 
 It appears from the journals of both of these Houses that a 
 valid controversy existed, a bona fide controversj' existed, as to 
 the rights of certain members to sit in that body. Much has 
 been said by the Chief Justice with reference to the right of a 
 body after organization to determine these controversies. I call 
 attention to the fact that the journal of the so-called Douglass 
 House shows that the controversy with reference to the case of 
 Joseph Rosenthal was determined before any organization of the 
 House, and it seems to me that when we adopt the rule that the 
 returning board, the State board of canvassers, by the record that 
 it makes in the office of the votes cast, by the certificates that it 
 issues, may determine absolutely the question as to who shall 
 constitute the House of Representatives of this State, that we 
 adopt a far more dangerous rule than the riile that is contended 
 for by the other side, that the House of Representatives which 
 shall be recognized by the Executive, which shall be recognized 
 by the Senate, shall be the House, rather than that which has 
 been created by the State returning board, if I may use the 
 expression. Now it appears by the journal of this so-called Doug- 
 lass House that at least two members of the sixty-four certified 
 members were ineligible to sit in the House, were just as much 
 disqualified from taking any part in the organization of that House 
 as though they had been ahen enemies, as though thej' had been 
 regular officers of the army of the United States. The Constitu 
 
LETTERS TO GOVER.XOR LEU'ELI.INC. 121 
 
 tiou, which is the supreme law and to which every department of 
 the government must bow and must yield its unquestioned and 
 unquestioning obedience, expressly says that no person holding 
 an}' office under the government of the United States shall be 
 eligible to a seat in the Legislature. That, as construed by the 
 courts of California, Nevada, Indiana, and of other States, means 
 that they are incapable of being chosen ; that it is beyond the 
 power of the people to select and make a representative of a per- 
 son who holds office under the United States. It is contended 
 also on the other side, and possibly I speak outside of the record, 
 although I think it appears in the journal of the Dunsmore 
 House, — I have not had an opportimity to make a critical examin- 
 ation of those journals, — but I know it is contended that one gen- 
 tleman appeared in the Douglass House who was not a resident 
 of the State of Kansas. If so, he clearly had no right to take part 
 in the organization of the Legislature. We know in the early 
 days of this State, and in the early troubles of this State, what 
 occurred when those who resided outside of the borders of the 
 State undertook to take a part in the affairs of the State. 
 
 Now, while we are considering the dangers, while we are con- 
 sidering these great quest'ons which involve orderly constitu- 
 tional government, we need not shiit our eyes to either one side 
 or the other. We must look all these matters fairly in the face. 
 It is to be assumed that men who are entrusted with authority 
 will act honestly and uprightly; they ought to; all the members 
 of every legislative body ought on all occasions to act with due 
 regard to their oaths of office; with due regard to the duty that 
 is imposed upon them as such officers; and when we assume in 
 the consideration of any case that an oOcer or any body of men, 
 in the performance of any duty which devolves on them by the 
 Constitution and the laws, will act wrongfully and fraudulently, 
 when we entertain any such presumption, we are entertaining a 
 presumption that our much-boasted system of free government 
 is a failure. The presumption as declared by this court in very 
 many instances is that every officer, every body of men, will act 
 honestly and uprightly, will discharge the duty that devolves on 
 them under the Constitution and the laws, and the presumption 
 in this case is, that the Executive of this State and the Senate of 
 this State have discharged their duties fairly and honestly. 
 
 PROTESTS AGAINST OVERRULING THE GO\T!;rNOR AND SENATE. 
 
 Now we are called on in a collateral proceeding to overturn the 
 action of the Executive ; to overturn the action of the Senate, to 
 overturn a legislative body of this State which has continued 
 from the lotli day of January' down to this time, and merely 
 on a view entertained by the members of this court as to the 
 force and effect of certain certificates as evidence of the right of 
 members of that body to participate in its proceedings. We are 
 asked to overturn the result of all the deliberations of the Senate 
 ct ihib State, all the deliberations of the Executive of this State, 
 with reference to the legislation which has been passed. Ought 
 
122 LETTERS TO GOVERNOR LE WE LUNG. 
 
 this court to lightly do so? Ought this court to do so on a brief 
 and hasty consideration of a case of this sort, in a collateral pro- 
 ceeding where neither of these contending bodies has a right to 
 be heard ? 
 
 Something was said by the Chief Justice with reference to the 
 effect of the decision made by Judge Hazen, of the district court 
 of this count}^ in determining this question. The scope and 
 effect of that decision is simply to restrain the Treasurer of this 
 State from paying out any money under the appropriation iintil 
 such time as that case can be fully tried and determined on its 
 merits. That is the whole scope and effect of the decision, and 
 while that order is binding until it is set aside, while there is no 
 question as to its binding effect upon the Treasurer of this State, 
 as a decision of the question as to which of these bodies is the 
 legal House of Representatives, I most respectfully say that I do 
 not regard it as a final decision at all upon that question, or hav- 
 ing the force and effect of a judicial determination of that 
 question. 
 
 The time given by the Constitution to the Legislature for the 
 performance of its duties has nearly expired ; that is, the time 
 for which members can receive pa}^ We have the spectacle of an 
 Executive, a Senate, and a House of Representatives working in 
 conjunction, passing appropriation bills, passing the various ben- 
 eficial legislation demanded by the people of this State. The 
 duties of all of these bodies have been nearly all performed. It 
 must be evident to anyone who considers the question for a mo- 
 ment that it will be impractical for these two bodies, the Doug- 
 lass House and the Senate, to come together in such relations 
 with each other as to perform the fuuctious of the Legislature 
 during this session — during the brief period that now remains. 
 It seems to me that the force and effect of this decision must 
 necessarily be that this State is without legislation this winter, 
 and that such conclusion is reached by a collateral decision in 
 this case. Did the Constitution, did the framers of the Constitu- 
 tion, did the people of this State who adopted it, contemplate 
 that after the Legislature had been in session nearly its entire 
 limit, after the Governor of the State, and all of the executive 
 departments of the State, after even the official State paper, not 
 allied in political sentiment with either the executive or the 
 majority of the Senate or of the Hotise, publishing as laws the 
 enactments of those bodies — that after all these things have 
 occurred, did the framers of this Constitution intend that this 
 court might then step in and brush it all away as a mere phan- 
 tasm, as mere nullity in a collateral proceeding? It seems to me 
 clearly not. 
 
 Before the Douglass House can restrain an}- citizen of his lib- 
 erty, it must be the House of Representatives ; it must be in the 
 discharge of the functions of the House of Representatives. 
 This warrant was issued on the thirteenth daj* of P'ebruary. It 
 tpa* issued, after laws had been enacted, or attempted, at least, to 
 l»e enacted, by the House and the Senate, and had been approved 
 
LETTERS TO GOJE.RXOR LEWELLTXC. I2g 
 
 by the Goveruor ana had been published iu the official State 
 paper. They had been filed iu the office of the Secretary of 
 State, had received all the formal sanctions that the Constitution 
 requires in order to make them effective as rules of action iu 
 thi"? State. Then this House presided over by Mr. Doviglass un- 
 dertakes to exercise the power of a House of Representatives and 
 to restrain a citizen of his liberty. The question here presented 
 is not so mtich a question whether the Duusmore House was in 
 fact the House of Representatives, as it is a question whether 
 the Douglass House was iu fact the House of Representatives. 
 
 How can it be said that a body of men whom the Governor of 
 this State refuses to recognize as the House of Representatives, 
 whom the Senate refuses to recognize, whom all the executive 
 departments of the State refuse to recognize, can be a de facto 
 House of Representatives? How can it be said that any officer 
 who undertakes to discharge the duties of an office, who is not 
 regarded as such officer by any department of the government 
 with which he seeks to do business, who cannot effectually carry 
 out any duties devolving upon him as such officer, who cannot 
 effectively perform any act as such officer, how can it be said that 
 he is a de facto officer ? De facto means in fact ; it means in the 
 actual exercise and discharge of the duties of the office. 
 
 Now, something has been said in reference to the right of the 
 House of Representatives to do some things prior to its recog- 
 nition, prior to any intercourse with any of the other branches 
 of the government. It may be conceded for the purposes of this 
 case, in my judgment, that these things may be done by the 
 House ; yet we do not have a fully organized Legislature, within 
 the meaning of the Constitution, until we have the bodies acting 
 in concurrence with each other. It is true they are separate and 
 distinct iu the exercise of their duties as separate Houses, but 
 they together form the Legislature of the State of Kansas. 
 Where there are two Houses acting together as the Legislature 
 of the State of Kansas, it seems to me an absurdity to say that 
 there can be another House of Representatives. 
 
 When a constitutional quorum — and I might say here that I 
 fail to find iu the journal of the Douglass House (and that is the 
 only House we have to deal with here), I fail to find in the journal 
 of the Douglass House prior to the time that these other two 
 members took their seats, even according to the showing made 
 in this journal, I fail to find a constitutional quorum of men who 
 were authorized to sit in the Legislature. There are at least two 
 of the sixty-four members who claim the right to participate iu 
 the organization of the House who were clearly disqualified under 
 the Constitution, whom it is admitted here were postmasters on 
 the 31st day of December last. That leaves the House without a 
 constitutional quorum if there be any force in that proposition. 
 Yet, I do not take the position that a constitutional quorum must 
 necessarily have voted iu favor of the officers who were elected 
 toy the House, nor, of course, do I take the position that it was 
 
12 i Liirrjh's TO coii'hW'OR ir.]\-f:]jjx(.. 
 
 iucompelent for less tlian a constitutional (|Uoruni to adjdnrn 
 from day to daj'. 
 
 RECOGNITION CKKAXKS A JiOUSK, HJ^^ SAVS. 
 
 It seems to me, however, that this rule is settled from this 
 consideration : that prior to the time of the issuing of this writ, 
 a sufficient number of men who were recognized by their fellows 
 as entitled to seats in the Legislature were occupying seats in 
 the Dunsmore House and voted for half a dozen laws that were 
 enacted and received the concurrence of the Senate and the ap- 
 proval of the Governor. That, in my judgment, made a. de facto 
 House of Representatives; and when that body of men received 
 the recognition of all the other departments of this State, it seems 
 to me that we had then a government in fact of this State, with 
 all its parts completed. We had a government that had heads of 
 all the executive departments; we had a Senate that had unques- 
 tioned authority ; we had a House recognized by all of the depart- 
 ments of the government that, under the Constitution of this 
 State, were called upon to recognize it. It is true it had no 
 recognition from this court,' but the Constitution of the State 
 gives this court no power to inquire. The ConsUtvition gives to 
 this court no right to inquire into any legislative body and to 
 determine who are entitled to sit there; and in so far as I have 
 commented upon these facts, in my judgment, I have commented 
 on matters which do not properly come before this court. The 
 provisions of the Constitution are clear and explicit that each 
 body of the Legislature shall be the sole and exclusive judge of 
 the election and qualifications of its members. It is a matter 
 with which the judiciary has no concern, It cannot reach its 
 hands into either of these bodies; it cannot bring before it the 
 members of either of these bodies for examination here with 
 reference to any matter that is pending in any election contro- 
 versy in either of those houses. 
 
 It seems to me that most mischievous consequences must 
 necessarily ensue from the position taken by the majority of the 
 members of this court, and that the decision by that majority is 
 practically the decision that the judiciary is supreme and is above 
 both the Legislature and the Executive. 
 
 I have no criticism to make on the suggestion that it is the 
 duty of the judiciary to determine wherein the law-making 
 power may have transcended its authority in the passage of laws. 
 I have no qiiestion that this tribunal may say to the Legislature 
 or to the Governor, "You have overstepped the boundaries of 
 your power as defined by the Constitiition of this State." But 
 this court has no power to go behind the authority of these 
 bodies to act as such bodies, and to say to any body of men that 
 is acting as a House of Representatives in conjunction with the 
 other departments of the goverment, "You are not a department 
 of the government; you are interlopers." It has no right to step 
 in, when three branches of this government concur in the trans- 
 action of business of this State, and say, "We will withdraw from 
 
LETTERS TO GOVERNOR LE WELLING. 125 
 
 tliis government one of its constituent parts and thereby make 
 the whole structure tumble to its fall; we will thereby destroy all 
 that you have builded up." 
 
 For these reasons, and for others, I am forced, though with 
 much hesitancy, and though with great dislike to do so, to dis- 
 sent, and to radically dissent, from the views entertained by the 
 majority of this court. 
 
 To BB REMANDED. 
 
 The Chief Justice then said: "The court will make an order 
 that the petitioner in this case be remanded to the custody of 
 the sergeant-at-arms, and that, in accordance with the bond he 
 has filed here, he will obey its provisions and deliver himself up." 
 
126 LETTERS 10 GOVERNOR LE WELLING. 
 
 REPLY OF THE FIFTEEN REPUBLICAN 
 
 SENATORS TO JUSTICE ALLEN'S 
 
 STATEMENT IN HIS OPINION. 
 
 To the People of Kansas: 
 
 In the rendition of his decision, as Associate fustice of the 
 Supreme Court, upon the question as to which was the legal 
 House of Representatives, Justice Allen used the followi ng 
 language : 
 
 Possibly it may be digressing" somewhat from a strict consideration of 
 the legal questions in the case, and I hope I shall be pardoned for referring 
 to the fact that I was in the Senate at the time of the discussion of the reso- 
 lution recognizing the Dunsmore House of Representatives. It is ray good 
 fortune to be acquainted with many of the senators, and among them men 
 affiliated with the Republican party, lawyers of great learning and ability, 
 whose opinions are entitled to great respect. In the discussion of that res- 
 olution from the Republican side it was conceded by several of these learned 
 and distinguished senators that if the Governor of this State had recog- 
 nized the Dunsmore House as the legal House of Representatives, and if that 
 resolution should be passed by the Senate of the .State of Kansas, that the 
 whole question was concluded; that that was an ultimate and final judg- 
 ment and decision of the power which, under the Constitution and law of 
 this State, was authorizea to hear and finally decide the question as to which 
 of these conflicting bodies was the lawful House of Representatives. The 
 opinions of these senators, it seems to me, are entitled to great respect. 
 
 Were this statement true, it would certainly be a remarkable 
 statement for a high judicial officer to incorporate in, and make 
 a part of, a judicial opinion. 
 
 The undersigned Republican members of the Kansas State 
 Senate do declare in the most emphatic manner that the above 
 quotation from Judge Allen's opinion is utterly without founda- 
 tion in fact. No such words were^ uttered by any Republican 
 senator, nor anything that could by any possibility be so con- 
 strued. On the contrary, the Republican senators firmly main- 
 tained at all times that recognition by the Governor and Sen- 
 ate could not have any bearing upon the legality of the question 
 involved. 
 
 ( Signed ) S. T. Danner, Thirtieth District. 
 
 D. McTaggart, Twelfth District. 
 H. F. ROBBINS, Eighteenth District. 
 Jno. C. Carpenter, Thirteenth District. 
 LuciEN Baker, Third District. 
 J.D.Williamson, First District. 
 
 W. E. Sterne, Seventeenth District. 
 W. A. Morgan, Twenty-third District. 
 John M. Price, Second District. 
 Chas. F. Scott, Fourteenth District, 
 Milton Brown, Thirty-eighth District. 
 K. E. WiLLCOCKSON, Thirty-ninth District. 
 J. W. Parker, Sixth District. 
 
 E. T. MetcalE, Seventh District. 
 vS. O. Thacher, Fifth District. 
 
LETTERS TO GOVERNOR LEWELLING. 127 
 
 FOUR IMPORTANT DECISIONS OF 
 THE SUPREME COURT. 
 
 Affecting the Membership of the House of Represent- 
 atives OF 1893. 
 
 First, the Coffey County case, in which the tie vote between 
 T. C. Ballinger, Republican, and O. M. Rice, Populist, as it was 
 certified by the State canvassing board, had been settled by draw- 
 ing lots; Mr. Ballinger, Republican, being declared entitled to the 
 certificate of election as representative of the 32d district. Mr. 
 O. M. Rice sought by mandamus to compel the board of canvassers 
 of Coffey Coiinty to reconvene and recanvass the returns of a cer- 
 tain township, claiming that there had been an error of one vote 
 in his favor. The writ prayed for was refused by the court. 
 
 Second, the Jackson County case, which involved the seat of 
 the representative of the 38th district. Mr. Nick Kline, Repub- 
 lican, had received 956 votes, Mr. Ed. Shellabarger, Populist, had 
 received 766 votes, and Mr. Moses Sarbach, Democrat, had 
 received 87 votes. Mr. Shellabarger sought to have the declara- 
 tion of the State canvassing board, that Mr. Nick Kline was 
 elected, set aside for the reason that the town of Holton, -which 
 forms a part of the 38th district, had not been mentioned in the 
 last apportionment act, and therefore the votes of those citizens 
 living in Holton should not be counted. The court sustained 
 the action of the canvassing board. 
 
 Third, the Republic County case, which concerned the legality 
 of Mr. J. M. Foster's election as representative of the 6ist district. 
 Mr. J. W. Wilds, Populist, asked the court to declare him elected 
 instead of J. M. Foster, Republican, becatise 472 votes cast for 
 Mr. Foster gave the district as the 73d when the ballot should 
 have read 6ist. The present 6ist district was formerly the 73d, 
 and as the error was plainly a clerical one, the present 73d dis- 
 trict being in Kingman County, more than one hundred miles 
 south of the present 6ist district in Republic County, the court 
 refused to recognize the error as invalidating Mr. Foster's 
 election. 
 
128 LETTERS TO GOl'ERNOR LEWELLING. 
 
 Fourth, the Haskell County case, iu which the returns of the 
 county clerk .to the State canvassing board showed that Mr. A. 
 W. Stubbs, Republican, had received 156 votes, and Mr. Joseph 
 Rosenthal, Democrat, had received 123 votes. The canvassing 
 board upon the face of the returns issued Mr. Stubbs the certifi- 
 cate of election as representative of the l2ist district. Mr. 
 Rosenthal asked the court to declare him elected on the ground 
 that there was a clerical error on the part of the county clerk in 
 transposing the votes; that he had received the 156 and Mr. 
 Stubbs had received the 123 votes. While the court, as well as 
 all citizens, recognized the statement of Mr. Rosenthal as true, 
 the court refused to reconvene the State canvassing board, as the 
 application was not made until the board had adjourned sine die. 
 It is ajipropriate here to state that Mr. Rosenthal endorsed the 
 decision of the court as the only one that could legally be made. 
 
 In none of these four cases was there a single charge or an 
 attempt to prove that the State canvassing board had committed 
 any fraud or acted unfairly in canvassing the vote or in issuing 
 the certificates. 
 
 THE COFFEY COUNTY CASE. 
 
 RICE VS. BOARD OF CANVASvSERS OF COFFEY 
 
 COUNTY ET AL. 
 
 (Supreme Court of Kansas, January 7, 1893.) 
 
 Mandamus to Election Officers^Recanvassing Votes — 
 
 Delay in Application — Discretion of Court. 
 
 Where a candidate for representative in the State Legislature brings an 
 action of mandamus to compel the board of canvassers of a county to 
 reconvene and recanvass the returns from a certain township; and to make 
 a corrected abstract, crediting him with 96 votes, — one more than was given 
 to him by the first canvass, — and it appears by the certificate in the poll 
 books, made by the judges and clerks of election, that he received 96 votes 
 in that township, but it also appears from the enumeration of votes on the 
 tally sheets, w-hich were included in tlie poll books, that he only received 95 
 votes, which is corroborated by the duplicate poll books retained in the 
 township, and it appears by these and other evidence that he did not actu- 
 ally receive but 95 votes inthat township, and where it further appears that 
 no complaint was made by him of the canvass until more than three weeks 
 after the State board of canvassers had finally adjourned, and that the writ, 
 if issued, would be fruitless- and unavailing, the court, in its discretion, 
 will refuse the same. 
 
 (Syllabus by the Court.) 
 
 Original proceeding iti mandamus by O. M. Rice against the 
 board of canvassers of Coffey County and others to compel 
 defendants to recanvass the returns for member of the Legisla- 
 ture, and send a corrected abstract of the votes cast for represent- 
 ative in Coffey County. Writ refused. 
 
LETTERS TO GOJ'ERNOR LE WELLING. 129 
 
 W. C. Webb, G. C. Clemens, aud Frank Doster, for plaintiff. 
 T. F. Garver, S. R. Peters, C. I. Long, and F. B. Dawes, for 
 defendants. 
 
 Johnston, J. This is a proceeding in mandamus, brought 
 originally in this court by O. M. Rice against the board of can- 
 rassers and the county clerk of Coffey County. He asks for a 
 vvrit compelling them to reconvene, and recanvass the returns of 
 the township of Avon, Coffey County, for member of the Legis- 
 lature; to correct an alleged error in the iarst canvass; and to 
 certify and send to the Secretary of State a corrected abstract of 
 ihe votes cast for representative in Coffey County. The case was 
 tried on an application for a peremptory writ, after notice had 
 been given to the defendants. 
 
 It appears that O. M. Rice and T. C. Ballinger were candidates 
 for representative from Coffey County at the late election, and 
 that when the county canvassing board met and canvassed the 
 returns of that election, thej^ found and declared that each had 
 received 1,826 votes, and a certified abstract of that result was 
 sent to the Secretary of State. Since that time the State board 
 of canvassers canvassed the returns from that county and found 
 that there was a tie, and, having settled it as the statute pre- 
 scribed, awarded the certificate to Ballinger. The plaintiff 
 alleges that the canvassing board of the county refused to can- 
 vass all the votes returned for him in Avon Township ; that, by 
 the certified returns from that township, he received 96 votes 
 and Ballinger received 68 votes; but that the board determined 
 and declared that Rice onlv received 95 votes. He avers that if 
 all had been counted, it would have appeared that he had a total 
 of 1,827 votes, — one more than Ballinger, — and that, as a true and 
 correct abstract of the votes had not been sent to the Secretary 
 of State, the State board of canvassers could not declare him to be 
 elected, nor award him the certificate to which he was entitled. 
 The poll books of Avon Township werepresented to the court, and 
 from them it appears that the footings and statement made in the 
 certificate of the judges and clerks of election show that Rice 
 received 96 votes in that township ; but it also appears by the 
 entuneratiou or tallies entered on the tally sheet ofthe poll books, 
 as the ballots were counted bj- the judges, that he only received 
 95 votes. When the canvassers met they decided that they 
 would consider the enumeration of the votes upon the tally 
 sheet, in determining who was elected to the various offices, and 
 this was in accordance with a practice which has long prevailed 
 in that county. What is called the "tally sheet" is bound in, 
 and as a part of, the poll book. On the left-hand side ofthe 
 sheet is printed the names of the officers voted for. To the 
 right of the list of candi^'ates the sheet is ruled in squares large 
 enough to contain five marks or tallies. The clerks entered a 
 mark or tally opposite the name of each candidate for each vote 
 read and counted for him by the judges. On the same sheet is 
 a certificate made by the judges and clerks, in which the total 
 number of votes understood to be received by each candidate 
 -9— 
 
im LETTERS TO GOVERNOR LEWELLING. 
 
 was written, and all included in a cover, marked " Poll Book." A 
 meager description of the poll books and forms provided for 
 tallying the ballots as they are taken from the ballot-box and 
 read is stifficient. Substantially the same form of poll books and 
 tally sheets have been in use for many years, if not from the 
 organization of the State, and almost every elector is familiar 
 with them. To the right of the name of Rice, votes were 
 entered in 20 columns or spaces. In each of 18 of them there 
 were 5 tally marks entered, by making 4 straight marks, and 
 then by drawing a diagonal one across them. In one space, not 
 far from the middle of the line of spaces, there wereonly 4 marks, 
 with no line across them, and in the twentieth space there was 
 but I mark. It appears that the judges and the clerks assumed 
 that there were 5 tallies in each space, except in the twentieth, and 
 so, without otherwise counting them, they decided that 19 spaces 
 contained 95 votes; and these, added to the one in the twentieth 
 space, made up the 96 votes, and they made their footing and 
 certiiicate accordingly. As a matter of fact, only 95 tallies 
 were entered on the tally sheet, and it was from the tally sheet 
 alone that the judges and clerks determined the total niimbcr of 
 votes that were cast, and in the manner described. One of the 
 poll books, including this tally sheet, on which they made their 
 certificate and return, was sent by them to the county clerk's 
 office, and the duplicate was retained by the township trustee. 
 We have examined both of them, and find that they correspond 
 exactly in the record of Rice's vote. \Vith this return before 
 them, the county board determined that Rice received but 95 
 votes, and made their canvass according!}'. From the poll books 
 and the evidence subniitted to us, it appears reasonably certain 
 that only 95 votes were cast for Rice in Avon Township. No 
 objection against the coiint was made by him at the time, nor 
 when the canvass was made by the State board, weeks after- 
 wards; nor was there any protest from him until the commence- 
 ment of this proceeding, long after the final adjournment of the 
 State board of canvassers. 
 
 It is urged that the tally marks constitute no part of the 
 return, and cannot be used in determining the nvimber of votes. 
 Of course the board must make its determination from the legal 
 returns made by the judges and clerks, and cannot exercise the 
 functions of a contest court. It is argued, however, in behalf of 
 the defendants, that the statute contemplates there shall be 
 just such an enumeration or tallying of the votes, aj the count 
 proceeds, as was made in this instance. (Gen. St. 1SS9, pars. 
 2679, 26S0, 2684, 2687.) It is also contended that such tally sheets 
 have been made and returned as a part of the poll books from the 
 earliest history of the State ; and it is further said that the tally 
 sheets have been recognized in several decisions of the Supreme 
 Court, and this methodof making the poll books and ta]l3-ing the 
 votes has been in i\niversal use for so many years, and been rec- 
 ognized by all the departments of the State government, as to 
 constitute a practical construction of the statute, — a construction 
 
LETTERS TO GOVERNOR LEWELLING. 131 ■ 
 
 which has generally been accepted and acted on by the people of 
 the State. There is some diversity of judicial opinion in regard 
 to whether the tally or enumeration of the votes entered in the 
 poll book may be considered as apart of the return. In Missouri, 
 which has a statute similar to our own, it is held that they cannot 
 be used to verify or correct the figures or footings contained in 
 the certificate. (State v. Trigg, 72 Mo. 365.) State v. State Can- 
 vassers, 36 Wis. 49S, is cited as sustaining the same view. The 
 preponderance of decisions under statutes somewhat similar to 
 ours, however, appears to viphold the view that the tallyor enumer- 
 ation of the votes in the poll books may be considered in veri- 
 fying the returns, and that if a disparity exists between the foot- 
 ings and the tallies, the latter should control. {Dalton v. State, 
 43 Ohio St. 652, 3 N. E. Rep. 6S5; State v. Hilt, 20 Neb. 119, 29 N. 
 W. Rep. 258; People v. Ruyle, 91 111. 525; Simon v. Durham, 10 
 Or. 52; State v. Cavers, 22 Iowa, 343; Trueheart v. Addicts, 2 
 Tex. 221.) The writer of this opinion is inclined to think that 
 the entries or tallies, made by the clerks in the poll books as the 
 count proceeds, constitute a part of the return which may be 
 considered by the county canvassing board in determining the 
 result. The court, however, will not decide that question at this 
 time, but will rest its decision upon other grounds. 
 
 The plaintiff seeks relief through an action of mandamus, 
 which, as has been generally decided, lies, to a great extent, in 
 the discretion of the court. It should be allowed only to secure 
 or protect a clear legal right, and should never be granted when 
 its enforcement would work an injustice or accomplish a wrong. 
 {State V. Marston, 6 Kan. 524; Peters v. Board of State Canvass- 
 ers, i-j Ka.n, Ty6=,; State V. Stevens, 23 Kan. 456; People v. Board 
 0/ Canvassers, 129 N. Y. 360, 29 N. E. Rep. 345; High, Extr. Rem. 
 ^40; I4 Amer. and Eng. Enc. Law, 97.) Has the plaintiff shown 
 a clear legal right to be credited with 96 votes from Avon Town- 
 ship? Would any contesting tribunal, from the evidence sub- 
 mitted, give him more than 95 votes.? The enumeration entered 
 in the poll books, and the one on which the judges and clerks 
 relied to make out their certificate, and which they set up as a 
 part of their return, plainly shows that he only received 95 votes. 
 This return was verified and corroborated by the duplicate return 
 retained in the township. An abstract or return b}' the county 
 canvassing board showing that Rice had received 96 votes in 
 that township, and 1,827 in the county, — a plurality of one over 
 his opponent, — would apparently be an untruth; and to compel 
 the canvassers to declare such a result, and assist him in obtain- 
 ing a certificate or office to which he was not elected, would be a 
 wrong and an injustice. F^urther, it appears that a vote was cast 
 for "Barringer," and that it was not counted for Ballinger. The 
 similarity of the sound and form of the two names would indi- 
 cate that it was intended for Ballinger. [Clark v. Commissioners 
 of Montgomery Comity, 33 Kan. 202, 6 Pac. Rep. 311; Behrens- 
 ineyer v. Atcitz, (111. Sup.) 26 N. E. Rep. 704; State v. Foster, 38 
 Ohio St. 599; NeTcton v. Ne7ccll, (Minn.) 6 N. W Rep. 346; Coolev, 
 
132 LETTERS TO GOVERNOR LEWELLING. 
 
 Const. Lim. 769.) If that had been done, Ballinger would have 
 had a plurality of one vote, and would have been entitled to the 
 certificate. 
 
 There is another sufficient reason why the writ should not 
 go. It is a fundamental rule of law that it will never be granted 
 where, if issued, it would prove fruitless and unavailing. [Shcl- 
 
 labarger v. Williamson , 50 Kan. , 32 Pac. Rep. 132 ; High, 
 
 Extr. Rem. § 14; People v. State Board oj Canvassers, 129 N. Y. 
 370, 29 N.E. Rep. 345; i4Amer. and Eng. Enc. Law,io4.) Another 
 canvass and abstract would be obviously iiseless. Rice alleges 
 that, by the refusal of the board, he has been deprived of his 
 'right to receive from the Secretary of State a certificate show- 
 ing that he was elected representative from Coffey Count}-, and 
 this alleged right he now seeks to enforce. A certificate, if he is 
 entitled to it, would serve no useful purpose at this time. He 
 made no complaint, and took no steps to correct the alleged 
 error, until more than three weeks after the State board of can- 
 vassers had finally adjourned. That board, when in session, can- 
 vassed the returns from Coffey County, which were executed by 
 the proper officers, in regular form, and were genuine, and have 
 been duly transmitted to the Secretary of State. It has just been 
 
 decided in Rosenthal v. Board of Canvassers, 50 Kan. , 32 
 
 Pac. Rep. 129, that after the board of canvassers has canvassed all 
 the returns, declared the result, completed its labors, as the stat- 
 ute prescribes, and adjourns without day, it is/nnctns officio, and 
 cannot voluntarily, or by compulsion, reassemble, or make any 
 other or different canvass than has been made. No certificate 
 can now be obtained by him, and if he has been wronged by the 
 action of the county canvassing board, it can only be corrected 
 by the House of Representatives. 
 
 It was suggested in argument that he was entitled to have a 
 recanvass made in order to furnish evidence of the true result 
 for use in the contesting tribunal. It is wholly unnecessary, 
 however, to invoke the mandate of this court for that purpose. 
 The Legislature itself is vested with full power to obtain all the 
 testimony which could be compelled by this court, and it is fun- 
 damental that mandamus will not be employed where there is 
 another adequate and suitable remedy. Our conclusion is that 
 the plaintiff has failed to establish his right to the writ, and it 
 must therefore be refused. All the justices concurring. 
 
 THE JACKSON COUNTY CASE. 
 
 SHELLABARGIiR VS. WILLIAMSON ET AL., COMMIS- 
 SIONERS. 
 (Supreme Court of Kansas, January 7, 1893.) 
 M.\NDAMUS TO Election Officers — When Granted — Appor- 
 tionment Act— Representative District — Intention 
 
 of LEGISI.ATURE. 
 
 Under the apportionment act of jSSd, Jackson County constituted only 
 
LETTF.RS TO (/OrA'AWOR LI'.U'EIJ.INC. 133 
 
 one representative district, mnnhered 4.;. Under the apportionment act of 
 i8gi, it was divided into two representative di^^tricts, numbered 38 and 39. 
 The thirty-eighth representative district included the city of Holton within 
 its territorial boundaries, but the cit)' of Holton was not mentioned in the 
 act. At the election in 1S92, votes were cast for representative in the thirty- 
 eighth representative district, including Holton, as follows: For Nick 
 Kline, 956 votes ; for Ed . Shellabarger, 766 votes ; for Moses Sarbach, 8r votes; 
 and the canvassing board of Jackson County, in canvassing the votes cast 
 in the thirt3'-eighth representative district, counted the votes cast in the 
 citj- of Holton as belonging to such district. The votes cast outside of the 
 city of Holton for candidates for representative were as follows: For 
 .Shellabarger, 629 votes ; for Kline, 554 votes ; for Sarbach, 14 votes. Held, 
 that it was, in all probability, the intention of the Legislature that Holton 
 should constitute a part of the thirty-eighth representative district, and 
 that the intention of the Ligislature should govern, although the}^ may not 
 have used the most appropriate language to express their intention; that 
 the Legislature could not create a representative district including a city 
 within its territorial boundaries without providing in any manner for the 
 city, and thereby disfranchise the voters of such city ; that to disfranchise 
 the voters of the city of Holton would be a great injustice and wrong, and 
 mandamus will not lie where its only effect is to aid in accomplishing an 
 injustice or wrong ; nor will it lie to accomplish a useless or fruitless thing. 
 In no event can it be considered that Shellabarger was elected a represent- 
 ative from any district in Jackson County, and a party having no interest 
 in the result of an action cannot maintain the action. 
 
 (Syllabus by the Court.) _ 
 
 Original proceeding in mandamus, by Ed. Shellabarger against 
 Williamson and others, the board of county commissioners of 
 Jackson County, and another, to compel defendants to recanvass 
 the votes cast for representative of the thirty-eighth representa- 
 tive district in the general election in 1892. Writ refused. 
 
 W. C. Webb, G. C. Clemens, and Frank Doster, for plaintiff. 
 T. F. Garver. S. R. Peters, C. I. Long, and F. B. Dawes, for de- 
 fendants. 
 
 Valentine, J. This is an application, brought originally in 
 this court by Ed. Shellabarger, for a vi^rit of mandamus to compel 
 the board of county commissioners of Jackson County, as a 
 board, to reconvene and recanvass the votes cast at the general 
 election held in November, 1892, for the ofHce of representative 
 of the thirty-eighth representative district. It appears that the 
 board, in its previous canvass, declared that for that office Nick 
 Kline received 956 votes, Shellabarger received 766 votes, and 
 Moses Sarbach received 81 votes, and showing that Kline was 
 duly elected. The canvassing board, in its canvass, included the 
 votes cast in the city of Holton, while Shellabarger claims that 
 such votes should not be counted, and that by counting the 
 others only, and not them, the number of votes cast for Shella- 
 barger Avould be 629; for Kline, 554; and for Sarbach, 14; total, 
 1,197. The writ of mandamus must be refused. Under the 
 apportionment act of 1886, Jackson County constituted only one 
 representative district, ntimbered 43. Under the apportionment 
 act of 1S91, which is now in force, that county is divided into 
 two representative districts, numbered 38 and 39. The thirty- 
 eighth district is composed of six townships, in the northeast 
 ])art of the cottnt)', and contains about one-third of the territory 
 of the county. The thirty-ninth district is composed of the 
 remaining townships of the county. The city of Holton is not 
 mentioned by name in the act. It is situated, however, wholly 
 
134 LE7TERS TO COVER.XOR LEWELLING. 
 
 withiu the territorial boundaries of the thirty-eighth district; and, 
 so far as the map presented to the court during the hearing of 
 the application shows, it is also situated wholly withiu the terri- 
 torial boundaries of Franklin Township, which is one of the 
 townships of the thirty-eighth representative district. Unques- 
 tionably the Legislature intended to include Holton within the 
 thirty-eighth representative district, for if it is not withiu that 
 district, then the voters of the city of Holton must be, and are, 
 disfranchised, so far as a representative is concerned, and it can 
 not be sujDposed that the Legislature ever intended any such 
 illegal and outrageous thing. Besides, if the city of Holton is 
 not included within the thirty-eighth representative district, 
 then such district will have an exceedingly small voting popula- 
 tion (only 1,197 votes), while the surrounding representative 
 districts in that county, and the counties of Pottawatomie, 
 Marshall, Nemaha, Brown, Atchison, Jefferson, Shawnee, and 
 Wabaunsee (12 representative districts) have an average voting 
 population of over 3,400. Even with Holton in the thirty-eighth 
 representative district, the district would have a comparatively 
 small voting population — only 1,806. Probably, under the general 
 rules for the construction of statutes, it should be held that 
 Holton is within such district ; for it is a general rule of con- 
 struction that the intention of the Legislature shall govern, 
 whenever that intention can be fairly ascertained, although the 
 most appropriate language might not be used in expressing that 
 intention. If it were held that the city of Holton is within the 
 thirty-eighth representative district, that would end this case ; 
 for in that case the board of canvassers did precisely what was 
 their duty to do, and Kline, and not Shellabarger, was elected 
 representative of that district. Biit if it should be held that the 
 city of Holton is not within the thirtj'-eighth representative 
 district, and that its voters should be disfranchised, then it must 
 be held that the canvassing board did not do its duty. We shall 
 cite some of the authorities upon the construction of statutes. 
 Where it reasonably appears what was the intent of the Legis- 
 lature, the statute will be construed so as to effect that intent, 
 although contrary to the letter of the statute. {In re Vanaer- 
 bergy 28 Kan. 243, 258; Sedgw. St. Const, (2d Ed.) 254, 255, note; 
 Chesapeake & O. Canal Co. v. Baltimore & O. R. Co., 4 Gill &. 
 J. 152; Brozvn v. Somerville, 8 Md. 444, 456; City of Wichita v. 
 Burleigh, 36 Kan. 34,42, 12 Pac. Rep. 332; People v. Insurance 
 Co., 15 Johns. 358; Pond v. Maddox, 38 Cal. 572; Aviberg v. 
 Rogers, 9 Mich. 340 ; State v. Boyd, 2 Gill & J. 365, 374 ; New 
 England Car Spring Co. i'. Baltimore & O. R. Co., 11 Md. 81; 
 U. S. V. Freeman, 3 How. 556, 565; Murray'' s Lessee v. Baker ^ 
 3 Wheat. 541 ; Gates v. Bank, 100 U. S. 239 ; U. S, v. Kirby, 7 Wall. 
 483, 486, 4S7.) 
 
 statutes are sometimes extended to cases not within the letter of them, 
 and oases are sometimes excluded from the operation of statutes, though 
 within the letter, on the principle that what is within the intention of the 
 makers of a statute is withiu the statute, though not within the letter, and 
 that what is within the letter of a statute, but not within the intention of 
 
Ll'.TTERS TO GOlllRXOR LE WELLING. 1?.5 
 
 the makers, is not within the statute ; it being- an acknowledged rule, in the 
 construction of statutes, that the intention of the makers ought to be 
 regarded.— 5/a/5 v. Boyd, 2 Gill & J. 374. 
 
 Statutes should be constriied with a view to the original intent and 
 meaning of the makers, and such construction should be put upffn them as 
 best to answer that intention, which may be collected from the cause or 
 necessity of making theact, or from foreign circumstances, and, when discov- 
 ered, ought to be followed, although such construction may seem to be con- 
 trary to the letter of the statute. — Chesapeake & O. Canal Co. v. Baltimore & 
 O. R. Co., 4 Gill & J. 152, approved in New England Cay Spring Co. v. Balti- 
 more & O. R. Co., II Md.Si. 
 
 Laws to carry on the government are to receive a liberal construction to 
 effectuate the objects designed; and if the legislative purpose can be arrived 
 at, in the absence of express language, that meaning is to be observed and 
 obeyed, — Hardesty v. Taft, 23 Md. 513. 
 
 A thing which is within the intention of the makers of a statute is as 
 much within the statute as if it were within the letter, and a thing which is 
 within the letter of the statute is not within the statute, unless it be within 
 the intention of the makers, and such construction ought to be put upon it 
 as does not suffer it to be eluded. — Peoplev.Utica Ins. Co., 15 Johns. 358. 
 
 The meaning of the Legislature may be extended beyond the precise 
 words u.?ed in the law, from the reason or motive upon which the Legislature 
 proceeded, from the end in view, or the purpose which was designed. — U. S. 
 V. Freeman, 3 How. 565. 
 
 All laws should receive a sensible construction. General terms should 
 be so limited in their application as not to lead to injustice, oppression, or 
 an absurd consequence. It will alwaj'S, therefore, be presumed that the 
 Legislature intended exceptions to its language, which would avoid results 
 of this character. The reason of the law, in such "^ases, should prevail over 
 its letter.— f/. S. v. Kir by, 7 Wall. 4S2, 486, 487. ^, 
 
 If it shotild be held that the city of Holtv..! is not within the 
 thirt^'-eighth representative district, then it must be held that the 
 apportionment — so far, at least, as the city of Holton, and per- 
 haps the district or cotmty, is concerned — is absolutely void. 
 (Stale V. Van Duyiie, (Neb.) 39 N. W. Rep'. 612; Cooley, Const. 
 Lim. (6th Ed.) 775; Attorney-General v. Board of Supervisors, 
 II Mich. 63; People v. 3Laynard, 15 Mich. 463, 469, 471.) The 
 Legislature had no atithority to disfranchise the voters of the 
 city of Holton; and if they attempted to do so, or left it ottt inad- 
 vertently, their act or omission would be void. If such an act 
 or omission would render the district void, then Shellabarger, 
 the applicant, would have no interest in any recanvass of the 
 votes; for no person could be considered as having been elected 
 a representative of a district which had no existence. Any recan- 
 vass of the votes, in such a case, wotild be absolutely fruitless, 
 and Shellabarger could obtain no rights under such a recanvass ; 
 and a writ of mandamus will never be allowed where it can accom- 
 plish nothing, or where, under it, the applicant can obtain no 
 benefit. But if only the act or omission of leaving Holton out 
 of the district would be void, and if the district, with Holton in 
 it, is valid, then the board of canvassers did their exact duty, and 
 Kline is elected. No one has any right to claim an election 
 under the apportionment law of 1886 ; for that law was absolutely 
 repealed, by an express provision of the statute, when the 
 apportionment law of 1891 took effect. But even if it was not 
 repealed, and if it were still in force, and if Jackson County is still 
 the old forty-third representative district, still Shellabarger could 
 not claim to be elected under that apportionment; for he did not 
 
136 LETTERS TO GOVERNOR LE WELLING, 
 
 receive a majority, or even a plurality, of all the votes cast in 
 Jackson County for representative. Each of two others received 
 a higher number of votes than he did ; to-wit, the aforesaid 
 Kline, i^i the thirty-eighth district, and J. F. Pomeroy, in the 
 thirty-ninth district. Kline received the highest number of votes 
 for representative of any person in Jackson County. 
 
 But, aside and independent of all the foregoing, Shellabarger 
 has no right to a w^rit of mandamus. The allowance of a writ of 
 mandamus is largely within the discretion of the court, and it is 
 never allowed or issued where it will work injustice and wrong. 
 Courts never lend their aid by mandamus, to perpetrate an injus- 
 tice or a wrong, and it would certainly be a great injustice, a great 
 wrong, — indeed, a great outrage, — to disfranchise the voters of 
 the city of Holton, and to allow such a small voting district as 
 the district without Holton would be, surrounded by popiilous 
 districts, to elect a representative. This injustice, however, is, in 
 effect, just what is asked for in the present case. It therefore 
 follows, in any view M-e may take of the case, that Shellabarger is 
 not elected ; and, whether the city of Holton is in or out of the 
 thirty-eighth representative district, Shellabarger can have no 
 possible interest in a recauvass. If the city of Holton is in the 
 district, either because the Legislature intended that it should be 
 in, or because the Legislature, in creating the district, and in sur- 
 rounding Holton and including it within the boundaries of the 
 district, and without otherwise providing for Holton, could not 
 legally leave Holton out of the district, still Kline, and not Shel- 
 labarger, was elected. If, by leaving the city of Holton out of 
 all districts, the thirty-eighth district is void, then still Shella- 
 barger could not be considered as elected, and would have no 
 interest in the result of this action. If the old apportionment of 
 i8S6 is still in force and governs, then Kline is elected, and not 
 Shellabarger; and a party having no interest in the result of an 
 action cannot maintain the action. The writ of mandamus will 
 be refused. All the justices concurring. 
 
 THE REPUBUC COUNTY CASE. 
 
 WILDS VS. STATE) BOARD OF CANVASSERS. 
 
 (Supreme Court of Kansas, January 7, 1S93.) 
 
 EivKCTioNS FOR Representatives — Errors ix Bai,i,ots. 
 
 In canvassingr the votes cast for representative in a county constituting' 
 a single representative district, it appeared that some of the ballots were 
 cast by voters of that county on which the district was designated by an 
 erroneous number. Held that the erroneous designation should be treated 
 as surplusage, and that all of the votes should be counted. 
 
 (Syllabus by the Court.) 
 
 Original proceeding in mandamus by J. W. Wilds against the 
 State board of canvassers, to compel defendants to recount the 
 returns from Republic County, and declare him elected repre- 
 sentative, instead of J. M. Foster. Writ refused. 
 
 W. C.Webb, G. C. Clemens, and Frank Doster, for plaintiff. T. 
 F. Garver, S. R. Peters, C. I. Long, and F. B. Dawes, for defendant. 
 
LETTERS TO COVERNOR LEWELLI^X:. VM 
 
 Johnston, J. This is an application by J. W. Wilds for a writ of 
 mandamus to compel the State board of canvassers to recauvass 
 the abstract or returns from Republic County, andupon that 
 return to declare tint he had been elected representative, instead 
 of J. ]\I. Foster, to whom a certificate of election has been granted. 
 In his application he states, in siibstance, that he was a candi- 
 date at the last election for representative of the sixty first dis- 
 trict ; that J. M. Foster and L. M. Morris were also candidates for 
 the same place; that at that election he received 2,064 votes, 
 Foster received 1,682 votes, and Morris received 99 votes, and 
 that the county canvassing board substantially found and 
 declared that result; that the county clerk then transmitted an 
 abstract of the votes to the Secretary of State, which, upon its 
 face, shows thatWilds received thegreatest number of votes for rep- 
 resentative in that district, but that the State board of canvassers, 
 in violation of its duty, had found and declared that Foster was 
 elected, and that a certificate had been issued to him. The 
 abstract was referred to in the informatian, and was presented to 
 the court at the hearing, and upon these two papers the right 
 of the plaintiff to an "alternative writ, or to any aid through a 
 proceeding in mandamiis, is presented to this court. Having 
 this abstract before us, we have all that was before the State can- 
 vassing board, and eve rv-thing upon which Wilds bases his right for 
 relief, and hence we may now dispose of the case upon its merits. 
 It is conceded that the duties of the canvassing board are 
 mainly ministerial, and that they are confined to an examination 
 of the returns made to them. They are required to give a rea- 
 sonable construction to the return, and exercise intelligence and 
 judgment in determining what it shows. All parts of it should 
 be taken and considered together in determining the real result 
 of the election. So considered, then, what is a fair and just con- 
 struction of its terms ? It reads as follows : 
 
 Certified Abstract of Votes Cast for Members of the Senate and 
 House of Representatives, in the County of Republic, State of 
 Kansas, at the General Election Held on the Sth day of Novem- 
 ber, A. D. 1S92. 
 Slate of Kansas, County of Republic, ss. 
 
 I, R. H. Galloway, county clerk of the Countv of Republic, State of Kan- 
 sas, do hereby certify that the following: is a true and correct abstract of 
 votes cast in said county, at the general election held on the Sth day of 
 November, A. D. 1892, for members of the Senate and House of Representa- 
 tives, to-wit : 
 
 for senator, DISTRICT. 
 
 Name. P. O. Address. Received. 
 
 B. R. Ho^in, Belleville, 2,145 votes. 
 
 George D. Bowling-, " 2,054 votes. 
 
 Geo. M. Simpson, Concordia, 103 votes. 
 
 FOR REPRESENT.4TIVE, 61ST DISTRICT. 
 
 Name. P- O. Address. Received. 
 
 T. M. Foster, Courtland, 1,682 votes in 6ist Dist. 
 
 ' " ' " _472 •• •• r.>d '• 
 
 2,154 
 
 J. W. Wilds, Mundcu, Kas., 2,064 votes in 6ist Dist. 
 
 3 " ■• 73d ■' 
 
 2,067 
 I,. M.Morris, . Unknown, 99 votes. 
 
1.38 LETTERS 'I O COVEK'XOR LEWEI.JJXC. 
 
 I'art of the tickets were printed giving- the miniberof the representative 
 dislricl as the 73d, instead of the 6ist ; hence the vote for the two districts. 
 
 In witness whereof, I have hereunto subscribed my name, and affixed 
 the seal of the county of Republic, at Belleville, this 14th 6.s.y of November, 
 A. D. 1S92. R. H. Galloway, 
 
 [seal] County Clerk. 
 
 Stale 0/ Kansas County of Republic, ss. 
 
 I, R. H. Galloway, countj' clerk, of the County of Republic, State of Kan- 
 sas, do hereby certify that the above is a true and correct copy of the orig- 
 inal abstract now on file in my office. In testimony whereof, I have here- 
 unto subscribed my hand, and affixed the seal of the county of Republic, at 
 Belleville, this 14th day of Kovember, A. D. 1S92. R. H. Galloway, 
 
 [seal] County Clerk. 
 
 Filed for record Nov. 18, 1892. Wm. Higgins, Sec. of State. 
 
 It will appear from the abstract that there were 2,154 votes 
 cast for Foster for representative in the county of Republic, but 
 it is contended by Wilds that, because the abstract shows that 472 
 of them were cast for him as representative of the seventy-third 
 district, they should not be counted. As will be seen, the abstract 
 contains a statement explaining how the error occttrred. It is 
 said that the explanatory statement has no place in the abstract, 
 and should not be considered; but we think it may properly be 
 regarded as a part of the abstract, and should be considered in 
 determining the result of the election. It appears to be a part of 
 the abstract made by the county canvassing board, which is now 
 on file in the records of Republic County. Like the balance of 
 the statement in the abstract, it precedes the certificate of the 
 clerk, who certifies that all of it constitutes a true and correct 
 copy of the original abstract on file in his office. A fair inter- 
 pretation of the abstract clearly shows that all of the votes men- 
 tioned therein were cast in Republic County, and by electors of 
 that county. The county constitutes a single representative dis- 
 trict, and the district includes all of the county. Every elector 
 in that county was entitled to vote for a representative, and, as 
 but one representative could be voted for in the county, can there 
 be any question that all the votes mentioned were cast for the 
 representative of Republic County, and of the sixty-first repre- 
 sentative district? The officer to be chosen is designated in the 
 Constitution as " representative," and not as the representative of 
 a numbered district, and the addition of words which w^rongly 
 describe the office should not destroy the ballot, nor defeat the 
 manifest will of the electors. The ballot indicates the will of 
 the voter, and when, in the light of all the stirrounding circum- 
 stances, the purpose of the voter can be ascertained with reasona- 
 ble certainty, effect should be given to it. So it has been held 
 that a slight error in writing the name of a candidate upon a 
 ticket, or an immaterial misdescription of an office thereon, will 
 not annul the vote. The words "in73 Dist.," under the authori- 
 ties, should be treated as surplusage, and the undoubted will of the 
 voter carried out. {Clark v. County of Motttgomery.'^'h'^^'^- 202, 
 6 Pac. Rep. 311 ; State v. Howe, (Neb ) 44 N. W. Rep. 874; Inglis 
 V. Shepherd, 67 Cal. 469, 8 Pac. Rep. 5; McKhmon v. People, no 
 111. 305; Newton v. Newell, (Minn.) 6 N. W. Rep. 346; Behretis- 
 vteyer v, Kreitz, (111. Sup.) 26 N. E. Rep. 704; 5 Cong. Elect. Cas. 
 
LETTERS TO COVERXOR LE WELLING. V?,^ 
 
 190.) We are to take notice of the general laws of the State upon 
 the question, and by doing so it is easy toaccount for the errone- 
 ous description of the district. The present apportionment law 
 constitutes Republic County the sixty-first representative dis- 
 trict, and the preceding apportionment law made a portion of the 
 same county the seventy-thirdrepreocntative district; and, as the 
 abstract shows, some of the voters carelessly used the old num- 
 ber in designating the office upon their ballots. But, as it would 
 have been sufficient and legal to have designated the office "repre- 
 sentative," without any number, the addition of the words indi- 
 cating a wrong number.and one in which theelectorsof Republic 
 County could not have voted, will not affect the validity of the 
 votes. When all the votes are counted, Foster has a plurality of 
 87 votes, and is entitled to the office. We reach the conclusion, 
 without any hesitation, that the State board of canvassers acted 
 correctly in awarding the certificate to Foster, and, further, that 
 the application of Wilds should be denied. That will be the 
 judgment of the court. All the justices concurring. 
 
 THE HASKELIy COUNTY CASH. 
 
 ROSENTHAL VS. STATE BOARD OF CANVASSERS ET AL. 
 
 (Supreme Court of Kansas, January 7, 1893 ) 
 
 Mandamus to Canvassing Board — Contents op Writ — 
 
 Power oe Board after Adjournment— Re assembi^v. 
 
 1. The courts have jurisdiction, in mandamus, to control a canvassing 
 board, whether it be tov/nship, city, county, or State, if it neglects or refuses 
 to perfoi in any act which the law especially enjoins upon it as a duty. 
 
 2. The writ of mandamus, whether alternative or peremptory, must not 
 only show the obligation of the defendant to perform the act, but must also 
 show bis omission to perform it. [Slatfv. Carney, 3 Kan. 88.) 
 
 3. Mandamus will not lie to compel an officer or a board of canvassers 
 to do an act which, without its command, it would not have been lawful for 
 the officer or board to do. {State v. Board of Com'rs of Kearny Comity, 22 
 Pac. Rep. 735, 42 Kan. 739.) 
 
 4. Where the county clerk of a county signs, authenticates, and trans- 
 mits to the Secretary of^State, within the time prescribed by the statute, an 
 abstract of the votes of a representative district of his county, cast f r a 
 member of the House of Representaiives, although such abstract states 
 incorrectly the votes cast for the candidates for such office, yet if the board of 
 State canvassers, without any notice or knowledge of the error or mistake 
 in such abstract, proceeds, in good faith, according to the statute, to exam- 
 ine and declare the whole number of votes given in the representative 
 district at the election, and from the face of such abstract determines that 
 the person therein stated to have the greatest number of votes is duly 
 elected as representative, and mo other abstract is presentedj or called to the 
 attention of the board, from that county or district, during its session, such 
 board discharges its whole duty in the premises ; and after it has finally 
 adjourned its power is at an end, and it cannot reassemble or make a 
 recount. When its dutj' is once fully performed, it is performed once and 
 forever, and cannot be repeated. 
 
 5. After the board of State canvassers has canvassed all the returns 
 fromall thecounties of the State, and declared the result, and ordered certifi- 
 cates, as prescribed by the statute, and then, having completed its labors, 
 adjourns without day, it is /««(.•/;« o^«o— officially dead ; and the courts 
 have no power to compel the board to reassemble, or recount any returns, 
 
 (Syllabus by the Court.) 
 
140 LETTERS TO COl'EhWOR I.EWELI.iy C. 
 
 Original proceeding in uiaiulaniu.^, by Joseph Rosenthal 
 against the State board of canvassers of the State of Kansas and 
 others, to compel defendants to determine that Joseph Rosenthal 
 has received the highest number of votes cast in the I2ist 
 representative district for member of the House of Represent- 
 atives, and to issue a certificate therefor. Writ refused. 
 
 W. C. Webb, C>. C. Clemens, and Frank Doster^, for plaintiff. 
 J. N. Ives, attorney-general, T. F. Garrver, S. R. Peters, F. B. 
 Davpes, and C. I. Long, for defendants. 
 
 HoRTON, C. J. This was an action of mandamus to compel 
 the board of State canvassers to convene, and determine that 
 Joseph Rosenthal has received the greatest number of votes cast 
 in the I2ist representative district for member of the House of 
 Representatives, and, after having declRred him duly elected to 
 that office, to issue to him a certificate therefor. The facts in the 
 case are as follows: Joseph Rosenthal, at the general election 
 held on the 8th of November, 1892, being eligible thereto, was a 
 candidate for the office of member of the House of Representa- 
 tives for the I2ist district, being Haskell County, for the term 
 commencing on the second Tuesday of Januar}', 1893. A. W. 
 Stubbs was also a candidate for the position at that election. 
 Upon the face of the returns filed with W. H. Husse}', county 
 clerk of Haskell County, after Ihe election, as prescribed by the 
 statute, Joseph Rosenthal received 156 votes, and A. W. Stubbs 
 123, only. Subsequently the board of county canvassers of Has- 
 kell County duly canvassed the returns, in accordance with the 
 face thereof, and such determination was reduced to writing, 
 signed by the commissioners and attested by the clerk, showing 
 that Joseph Rosenthal had received the highest number of votes 
 for the office of representative. Afterwards the county clerk 
 made out and forwarded to the Secretary of ^tate an abstract of 
 the votes for representative of Haskell County, but by accident 
 or design — probably by gross negligence — in the abstract of 
 votes transposed the figures, so as to show that A. W. Stubbs 
 received 156 votes, and Joseph Rosenthal 123, only. This abstract, 
 certified to byHussey, as county clerk, on the 12th daj' of Novem- 
 ber, 1892, was sealed up by him in an envelope, indorsed and 
 addressed as required by law, and then transmitted to the Secre- 
 tary of State, who received and filed it in his office on the i6th 
 day of November, 1892. The ^tate board of canvassers met for 
 the purpose of canvassing the result of the election of November 
 8, 1892, as prescribed bythe statute, on the 2Sth of November, 
 1892, and continued in session from day to day until December i, 
 1892, when, having completed the canvass of all the returns on file 
 with the Secretary of State, of the November election of 1892, they 
 adjourned withoiit day. The certified abstract of the votes given 
 in Haskell County for representative was examined by the board, 
 and thereon a statement was made by them, showing that A. W. 
 Stubbs had received the greatest number of votes for represent- 
 ative, and was duly elected to that office. A certificate of such 
 determination was ordered by the board, and was subsequently 
 
LETTERS TO GOVERNOR LE WELLING. Itl 
 
 signed and issued. On the 19th day of December, 1892, about 
 three weeks after the board of State canvassers had discharged 
 their duties, and adjourned without day, an envelope addressed 
 to him was received by the Secretary of State, without any 
 indorsement to indicate that the same was an official commiinica- 
 tion, which contained what purported to be a correct abstract of 
 the votes of Haskell County for representative, showing that 
 Joseph Rosenthal received 156 votes, and A. W. Stubbs 123, only, 
 and attached to the new or corrected returns was an affidavit of 
 the county clerk, stating that his former abstract was incorrect 
 and erroneous, and also further stating that the new or supple- 
 mental returns were the correct abstract of the votes in Haskell 
 County for representative, cast at the election on the 8th of 
 November, 1892. At the time that the State board canvassed the 
 abstract of the county clerk of the I2tli of November, 1S92, the 
 members thereof had no notice from Joseph Rosenthal, or any 
 one else, that the returns were incorrect, or in any way defective. 
 It seems to be conceded in this case that in canvassing such 
 retiirns they acted in good faith. No misconduct is charged. 
 After the supplemental returns were received by the Secretary of 
 State, on the 19th day of December, 1892, no request was made, 
 before the commencement of this action, by Joseph Rosenthal, 
 or any one else, that the board should reconvene or examine the 
 additional returns and affidavit of the county clerk. 
 
 It was urged upon the hearing of this case, upon the part of 
 the defendants, that this court had no jurisdiction to inquire 
 into the matters presented, because the Constitution of the State 
 ordained that "each House shall judge of the elections, returns, 
 and qualifications of its own members." This court is not, in a 
 proceeding of this kind, a contest court, and, of course, cannot go 
 behind the returns, aud hear and determine whether Rosenthal 
 or Stubbs received legal or illegal votes, or whether any frauds 
 were committed at the election to the prejudice of either candi- 
 date. But this court has jurisdiction, in mandamus, to control, 
 in certain cases, a canvassing board, whether that board be a 
 township, a city, a county, or a State canvassing board. In case 
 the board refuses to issue a certificate of election to the person 
 receiving the highest number of votes,upon a duly authenticated 
 abstract on file in the office of tke Secretary of State, and the 
 relief by mandamvis is withheld, the party aggrieved can have no 
 remedy whatever to obtain his certificate. The person who has, 
 upon the certified abstract, the greatest number of votes, is 
 entitled to a certificate ; and this cannot be awarded by the 
 Legislature, or either branch thereof. A certificate of election 
 has some value. It is prima facie evidence of the election of the 
 person holding it to the office claimed. (State v. Carney^ 3 Kan 
 88.) Where a canvassing board wrongfullj^ neglects and refuses 
 to canvass returns which are regular in form, as a general rule, 
 the courts ma^', by mandamus, compel the board to canvass and 
 declare the result vipon the face of their returns; and if a canvass 
 has been wrongfully or improperly made, and the board has 
 
142 LETTERS TO GOVERNOR LE WELLING. 
 
 adjourned sin^ die, this court may compel it to reassemble, and 
 make a correct canvass of all the returns before it at the time of 
 the first canvass. (Leivis v. Commissioners, i6 Kan. 102.) 
 
 If a person, upon the face of the returns, is entitled to the 
 certificate of his election, except in special instances, where 
 wrong or injustice will be done, the courts have power to reach 
 the officers composing the delinquent board by writ of man- 
 damus, and compel them to action, and, if necessary, may compel 
 them to reconvene and recanvass. Therefore, if there was noth- 
 ing,in this case but the question of jurisdiction 0/ this court, the 
 plaintiff would be entitled to the relief claimed lay him. But it 
 appears in this case, from the records of the board of State can- 
 vassers, that the board on December i, 1S92, long before what 
 purported to be the corrected returns from Haskell County were 
 filed with the Secretary of State, had completed its labors, 
 declared the result against the plaintiff, and finally adjourned. 
 A writ of mandamus "may be issued to compel the performance 
 of any act which the law specially enjoins as a duty resulting 
 from an office, trust, or station." (Section 688 of the Code.) 
 
 A want of a " plain and adequate " remedy, in the ordinary course of the 
 law, is an essential prerequisite to the issuance of the writ, in every case; but 
 an equally essential prerequisite is an omission on the part of the defendant 
 to perform the act required of him. The writ, whether alternative or per- 
 emptory, must not only show the obligation of the defendant to perform the 
 act, but must also show his omission to perform it. — State v. Carney, 3 
 Kan. 90. 
 
 If the board may be compelled to reassemble and canvass the returns of 
 the election, it would seem that it might voluntarily do so. Mandamus is 
 employed to enforce the performance of a duty; and, since it is a duty, it 
 certainly may be performed by the officers without the comynand or com- 
 pulsion of the court. _ It is held that mandamus will not lie to compel an 
 officer to do an act which, \vithout its command, it would not have been law- 
 ful for him to do. — Stale v. Board of Comers of Keartiy County, i,2 Kan. 739, 
 22 Pac. Rep. 735 
 
 If the board of State canvassers had discharged all of its 
 duties, which the law especially enjoined upon it, before its final 
 adjournment, on the ist day of December, 1892, then no writ of 
 mandamus can issue, because there would be the performance of 
 no duty to enforce. 
 
 A canvassing board, having' once counted the votes, and declared the 
 result according to law, has no power or authority to make a recount. 
 When this duty is once fully performed, it is performed once and forever, 
 and cannot be repeated. To suppose that it could be renewed, that the can- 
 vass of one day could be repeated the "t-xt, and counter-certificates be issued 
 to different contestants as new light or influence was brought to bear upon 
 the mind of theclerk, would render the wholeproceding a farce. — McCrary, 
 Klect. (3d Ed.) g 232. {Bo7uen v. Hixon, 45 Mo. 340; Clark v. Buchanan, 2 
 Minn. 346, (Gil. 29S;; State v. Donncaiirth, 21 Ohio St. 216; State v. Steu-art, 
 26 Ohio St. 216.) 
 
 If a canvassing board, having concluded its labors, and finally 
 adjourned, has no power or authority to reconvene and recount, 
 the cotirts, under the provisions of the statute, cannot, by man- 
 danuis, compel the board to reassemble, or give them any power 
 so to do. It is, however, contended, itpon the part of Rosenthal, 
 that as the statute requires the county clerk of Haskell County 
 to make out an abstract of the votes for representative, and, after 
 having been signed and certified to by him, to deliver the same, 
 
LETTERS TO GOVERNOR LE WELLING. 143 
 
 by mail, to the Secretary of State, and as the first returns were 
 not true, because they incorrectly stated the votes of each of the 
 candidates, no valid abstract was received from Haskell County 
 prior to December 19, 1892, and therefore, as no true abstract 
 or re'^urns were received, this coiirt may compel the board of 
 State canvassers to reassemble, and complete its work, by can- 
 vassing the later, or supplemental, returns. If no abstract from 
 Haskell County had been received by the Secretary of State 
 before the final adjournment of the board, on December i, 1892, 
 and if the State board had had no abstract or returns before 
 them, from Haskell County, to act upon, it is possible that under 
 the decision of Lezvis V. Conuuissioncj'S, 16 Kan. 102, mandamus 
 would lie, upon the ground that only a partial canvass had been 
 made. But that is not this case. Au abstract of the votes for a 
 member of the House of Representatives, signed and certified by 
 the county clerk, properly indorsed and directed to the Secre- 
 tary of State, was received by him, and placed before the State 
 board of canvassers during their proceedings in November. 
 That abstract was incorrect, but it came from the proper officer. 
 It was signed and certified by the proper officer. It was duly 
 authenticated. It was not challenged or objected to. The mem- 
 bers of the State board of canvassers had no notice or knowl- 
 edge, at the time they were considering it, that it was incorrect 
 or defective. Upon the face of the returns, they appeared to be 
 in full compliance with the provisions of the statute. There was 
 nothing in the returns, or in the manner in which they were 
 transmitted or received, to cause suspicion, or to demand any 
 other action thereon than usual and customary in such cases. 
 The State board accepted the returns as truthful, passed upon 
 them as such, and declared the result therefrom. It is well set- 
 tled that the duties of canvassing officers are purely ministerial, 
 and extend only to the counting up of the votes, and awarding 
 the certificate to the person having the highest number. They 
 have no judicial power. (Stafe v. Marstoii, 6 Kan. 524 ; McCrary, 
 Elect. (3d Ed.) § 226.) As was said by Hoar, J., in Luce v. Mayhem , 
 13 Gray, 83: 
 
 They are not made a judicial tribunal, nor authorized to decide upon the 
 validity or the fact of the election in any other mode than by an examination 
 of the " returns " made to thetn accordinjj to law. They are not required or 
 authorized to hear witnesses or weigh evidence. They have no powci- to send 
 for persons or papers. If one result appears upon the returns, and another 
 is thereat truth of the case, they can only act upon the former. If they have 
 not done their duty, the remedy of the person actually elected to the office is 
 not to be sought in a mandamus. This court lias no power to direct public 
 officers to do any more than their duty, or anything different from their 
 duty. 
 
 Considering aU the facts and circumstances of this caf e pre- 
 sented upon the trial, as no fraud, wrong, or other official miscon- 
 duct is imputed to the members of the State board of canvassers, 
 or either of them, in receiving and counting the returns com- 
 plained of, we must hold that they do not improperly reject any 
 rettirns, or refitse to canvass any proper returns. When the board 
 adjourned, on the ist day of December, 1892, the members thereof 
 had fully discharged all of their duties; and it is too late now to 
 
144 LETTERS TO GOVERNOR LEWELLING. 
 
 say that they can voluntarily, or by compulsion, meet again, as 
 canvassers, to examine and pass upon the returns of the election 
 of November, 1892. As a body, the board of State canvassers is 
 functus officio — officially dead. It has no power of resurrection, 
 so as to consider the returns of the election of November, 18 2» 
 and this court cannot animate its dead body with the breath of 
 life. Not only has its power in the premises ended, but its suc- 
 cessors have no authority to reassemble, or act again upon the 
 election returns. 
 
 If it be said that this leaves Rosenthal without any remedy, 
 and that the law, in some way, ought to furnish him a remedy 
 for the wrong committed against him, we answer that, if this be 
 true, it is the fault of the Legislature, not the fault of the State 
 board of canvassers, nor the courts. But it is not wholly true. 
 While Rosenthal may not obtain from the Sta*:e board his certifi- 
 cate, yet he has a remedy before the House of Representatives, 
 even if not a complete one. The jurisdiction of each House to 
 decide uj^on the election, returns, and qualifications of its own 
 members is clearly given by the Constitution and the statutes. 
 That body, with the general consent of its members, can admit 
 him to his seat at once, or, if it so determine, it can delay his 
 admission until full investigation is had of his claims. It may, 
 it is true, act arbitrarily, and refuse him rights, biit this is hardly 
 probable. This proceeding, if successful, would have only given 
 a certificate. The proceeding in this court is not a contest 
 between Rosenthal and Stubbs, nor can we try the title to llie 
 office. The House of Representatives has the exclusive power 
 to decide who have been elected members to its body. Rosen- 
 thal has already commenced his contest before that tribunal. 
 The House has full and ample jurisdiction over the office, — the 
 substance he is seeking, — even if it cannot give him a certificate, 
 the paper title. If he has been elected representative, as it 
 seems to be conceded, it should be the wish and desire of every 
 honest and patriotic citizen of the State that the will of the 
 people of his county, as expressed by their ballots, should be 
 carried out, and that, as speedily as possible, he be permitted to 
 occupy his place as representative. No party desiring the sup- 
 port of the good people of the State can, for partisan or political 
 purposes, refuse him his seat merely because the clerk of 
 Haskell County has made a mistake in his abstract or returns. 
 The clerk has attempted to make some reparation by filing with 
 the Secretary of State corrected returns, with his affidavit sup- 
 porting the same. Most certainly, if we saw any way in which 
 this court, in this proceeding, could properly, and in accordance 
 with legal principles, grant Rosenthal a certificate, we would 
 gladly do so. Under the limitations of the Constitution, and the 
 provisions of the statiites, we are powerless. The board of State 
 canvassers, having finally adjourned, on December i, 1892, are 
 powerless, and their successors are equally so. The House of 
 Representatives can rectify the serious mistake of the county 
 clerk, which has deprived Rosenthal of his certificate, No other 
 
LETTERS TO GO]'ERNOR LEU'ELLINC. 
 
 145 
 
 tribunal or body can now do so. That the House will act 
 promptly and justly in the premises, we have the fullest confi- 
 dence. The peremptory writ of mandamus prayed for will be 
 refused. All the justices concurring. 
 
 
 -10- 
 
146 LETTERS TO GOVERNOR LEWELLING. 
 
 DECISION RENDERED IN 
 
 THE DISTRICT COURT OF SHAWNEE 
 COUNTY, 
 
 BY JUDGE Z. T. HAZEN, FEBRUARY iS, 1893. 
 
 In the Case for an Injunction against State Auditor Van 
 
 B. Prather and State Treasurer W. H. Biddle, 
 
 Enjoining Them from Paying out Money 
 
 UNDER AN Alleged Act Passed by 
 
 THE Senate and " Rump" 
 
 House. 
 
 This case was brought for the purpose of testing the legality 
 of the acts of what is known as the Dunsmore House. Attorney- 
 General Little, Judge W. C. Webb, and Mr. Hitt appeared for the 
 State in defense of the action of the State Treasurer in paying 
 out money provided for by an appropriation bill which had been 
 passed by the Dunsmore House and Senate and approved by the 
 Governor. B. M. Curtis, county attorney, Mr. T. F. Garver, Mr. 
 W. H. Rossington, and "Mr. David Overmeyer appeared for the 
 prosecution. The trial occupied three days. Upon its couclusion 
 Judge Hazen delivered the following decision: 
 
 The State of Kansas, ex rel. B. M. Curtis, County Attorney of 
 Shawnee County, Kansas, Plaintiff, vs. Van B. PraTHER, as 
 Auditor of the State of Kansas, and W. H. BiddlE, as Treasurer 
 of the State of Kansas, Defendants. 
 
 opinion. 
 
 This suit was brought by the State of Kansas on the relation 
 of B. M. Curtis, county attorney of Shawnee County, against Van 
 B. Prather, Auditor of the State, and W. H. Biddle, State Treasurer, 
 to enjoin the Auditor from issuing warrants upon the Treasurer, 
 and the Treasurer from honoring warrants so drawn. The Audi- 
 tor derives his authority to issue the warrants, and the Treasurer 
 liis authority to pay them, from the Senate Bill No. 97 ; and unless 
 this act authorizes the drawing of the warrants by the Auditor 
 
LETTERS TO GOVERNOR LE WELLING. 147 
 
 and the payment of them by the Treasurer, it is conceded no 
 authority exists so to do. 
 
 It is claimed on behalf of the State that this act is not legally 
 enacted, and that warrants issued and money paid out in pursu- 
 ance thereof is without authority of law. The real contention on 
 behalf of the State is that this act had not passed the legal House 
 of Representatives; or, in other words, that the House commonly 
 known as the Dunsmore House, which passed this act, is not the 
 legally constituted House of Representatives. 
 
 For the purpose of showing that the Dunsmore House is not 
 the legal House of Representatives the State has offered certain 
 evidence. The defendants have introduced no evidence in this 
 case, but entrench themselves behind the act itself and the jour- 
 nal of the Dunsmore House, and say this act has passed the 
 Dunsmore House, and has received the approval of the Senate 
 and the signature of the Governor; that the courts are powerless 
 to go behind the act itself and the journal of the House passing 
 it; that whether the Dunsmore House is the legal House can not 
 be inquired into; that a law is legally enacted if passed by any 
 body of men assuming to act as the House of Representatives 
 and afterwards receives the sanction of the Senate and the signa- 
 ture of the Governor; that it makes no difference whether the 
 body of men who assume to act as a House of Representatives 
 were persons elected for that purpose, but all that is necessary is 
 that they shall assume to act in that capacity, and when they do 
 act, and their action has received the sanction of the Senate and 
 the approval of the Governor, it becomes law. 
 
 It is further contended by the defendants that upon an inves- 
 tigation of the questions involved in this case it will be necessary 
 for the court to pass upon the legality of the seats of certain 
 members, and that under the Constitution of this State the 
 courts have no power to investigate these questions, but that each 
 House is the solejudge of its own members. 
 
 It is contended on laehalf of the State that the investigation 
 of the questions involved in this case does not go to the right of 
 certain members to their seats in the House, but that it goes to 
 the organization of the House, to the legal existence of the 
 House itself 
 
 These, in brief, are the respective claims of the parties to 
 this controversy. 
 
 It is shown by the evidence in this case that on the loth day 
 of January, 1893, the members of the House of Representatives 
 assembled at the legislative hall; that immediately after meeting 
 there were sixty-four members holding certificates, who now, 
 together with three additional members, constitute the Douglass 
 House ; that there were fifty-eight members holding certificates 
 of election, who now constitute the Dunsmore House, together 
 with ten additional members seated by said House since the 
 loth of January. We then have in this case sixty-seven certified 
 members, known as the Douglass House, who are assuming and 
 claiming to be the legal House of Representatives. We have 
 
148 r^ETTERS TO GOVERNOR LE WE LUNG. 
 
 fifty-eight certified members, together with ten persons not hold- 
 certificates of election, now commonly known as the Dunsmore 
 House, and now claiming to be the legal House of Representa- 
 tives. Both of these bodies have been meeting from day to day 
 at Representative Hall, each of them having elected their officers 
 and assuming to act in the capacity of the House of Representa- 
 tives. The Governor and the Senate have recognized the Duns- 
 more House as the legal House, and have refused to recognize 
 the Douglass House as having any authority to transact business. 
 The Dunsmore Hoiise passed the act in question, which is now 
 the subject of controversy 
 
 The question now arises, whether the courts have the power 
 to determine which one of these Houses is the legally organized 
 House of Representatives. It cannot be claimed in this case that 
 either House is a de facto House, because during the entire time 
 from the loth of January to the present both Houses have been 
 meeting in the same hall, each House has been disputing the 
 right of the other, and neither House has had the exclusive pos- 
 session of the hall, but their possession has been equal. If the 
 contention of defendants is true, an act can become a law with- 
 out having passed the House of Representatives ; for it is claimed 
 by defendants and argued by other counsel that a body of men 
 may congregate, assume to act as a House of Representatives, 
 elect its officers, pass bills, and if these bills so passed receive 
 the recognition of the Senate and the signature of the Governor 
 they become the laws of Kansas, although the persons who com- 
 posed the supposed House of Representatives had never been 
 elected by the people, had never been candidates for that posi- 
 tion, and had no authority to act except assumed authority ; and 
 counsel for defendant rely upon the case of The State 'ex rel. 
 Herro)t against Si)iit/i, /[/^ Ohio State, page 34S, to sustain this 
 position. But with this contention this court cannot agree, and 
 if this is the law of Kansas, this court will not be the first to pro- 
 mulgate it; for the doctrine seems so dangerous and so revolu- 
 tionary in its tendency that unless it can be supported by both 
 authority and reason the court will be slow to follow it. If this 
 contention be true, there would be but little use in electing 
 members to the Legislature; all that would be necessary to pass 
 an act would be to have an organized body of men that the Sen- 
 ate and Governor were willing to recognize. If this be true, one 
 hundred and twenty-five men — or any other number, for that mat- 
 ter — may gather at the court-house of this county, elect their offi- 
 cers, declare themselves to be the legally organized House of 
 Representatives, although the entire body may be composed of 
 citizens of Shawnee County; and if they can receive the recogni- 
 tion of the Senate and the Governor, their acts become the laws 
 of Kansas, although the legally elected House of Representatives 
 may be occupying the proper hall, being there by virtue of an 
 election from their respective counties to represent their con- 
 stituents; and yet the body of men congregated at the court- 
 house could ignore them entirel}', and this body of men, together 
 
LETTERS TO GO]'ERNOR LEU'ELLIXC;. 149 
 
 with the Senate aud Goveruor, could enact laws for this State. If 
 this be true, the Constitution of our State is not what we have 
 supposed, and is not the safeguard thrown around the enactment 
 of laws that it was supposed to be by its framers. We submit 
 this position is such that a statement of the proposition is suffi- 
 cient to refute it. 
 
 But the Ohio case relied upon by the defendants does not 
 sustain the position they claim for it. In that case the Senate of 
 that State had been legally organized ; its legal existence was 
 not in question ; but after it had organized, after it had been 
 meeting from day to day, twenty of its members withdrew from 
 the Senate chamber and (as appears from the opinion) left the 
 State, and the seventeen remaining members, asstiming to act as 
 the legally constituted Senate, seated four contesting members 
 and then proceeded to enact laws. The Ohio court in that case 
 held that a law enacted by the Senate after the seating of those 
 four members was valid and subsisting law, but in that case there 
 was no question as to the legality of the Senate. And in the 
 opinion the court clearly recognizes that the admitted existence 
 of the Senate was a controlling element in the decision of the 
 case ; and it is clear from an examination of that authority that 
 those seventeen senators could never have organized the Senate 
 without a constitutional majority; but the Senate having been 
 legally organized, and after its legal existence had been recog- 
 nized, then its acts would become valid ; and yet the dissenting 
 opinion in that case of Chief Justice Owen, in which he chal- 
 lenges the constitutional power of the minority of the senators 
 to transact business, except to adjourn from day to day, was so 
 forcible that it required a counter-opinion from one of the judges 
 on the bench to break the force of his position. But that case 
 has ho application here. In that case the legal existence of the 
 Senate was recognized, and had been for a number of days. Here 
 the legal existence of the Dunsmore Hone is denied, and has 
 been denied since its organization. In this case the Douglass 
 House consists of a constitutional majority of certificated mem- 
 bers. The Dunsmore House lacks a constitutional majority of 
 certificated members, and no organization could be effected, aud 
 no House of Representatives could exist until a constitutional 
 majority of persons holding certificates meet and resolve them- 
 selves into a House of Representatives. The courts must de- 
 termine which of these two Houses is legally organized, because 
 there can be but one legal House of Representatives. 
 
 If the contention of defendants is true, and this bill in ques- 
 tion is constitutional, then a bill passed by the Douglass House 
 receiving the sanction of the Senate and the signature of the Gov- 
 ernor, would become a law. 
 
 Can it be possible thatthe validity of a law depends upon which 
 one of these two houses the Governor and Senate see fit to recog- 
 nize, not for the entire session, but only for the bill passed ? If 
 this be true, then certain bills may pass the Dunsmore House, 
 receive the sanction of the Senate and the signature of the Gov- 
 
110 LETTERS TO COl'ERNOR LEWELIJXir. 
 
 enior, and become laws, and other bills ma}' be passed by the Doug- 
 lass House, receive the sanction of the Senate and the signature 
 of the Governor, and become laws, and we would then have in 
 Kansas the strange anomaly of two legal Houses of Representa- 
 tives. Yet, if the contention of defendants be true, this condition 
 of affairs may exist at any time. 
 
 If fifty-eight members, being less than a constitutional major- 
 ity, can meet, organize the House, turn out certificated members, 
 and seat others sufficient to give them a constitutional major- 
 ity, and then, with the recognition of the Senate and Governor, 
 transact business and enact laws, why may not forty-eight mem- 
 bers do the same thing? If you once grant the authority of less 
 than a constitutional majority t® organize the House, then there 
 is no limitation except the will of the persons who seek to organ- 
 ize it. If, then, at the next election, the Democrats should electa 
 Governor and have control of the Senate, they can organize a 
 House irrespective of the members elected. But defendants' 
 counsel saj^ that courts may not go behind the journal ; that the 
 journal is a barrier behind which the courts can never go. But 
 what journal is it behind which the courts cannot go ? It must be 
 the journal of the House of Representatives, and not a journal of 
 a House claiming to be the House of Representatives; and the 
 courts must first determine, when this question arises, whether it 
 is the journal of the House, andiu thedetermiuation of this ques- 
 tion the whole case is determined. If the law is as contended for 
 by defendants, then our Constitution is no protection in so far as it 
 requires an act to pass the House of Representatives; for, under 
 their contention, it may pass any body, and if it receives the sanc- 
 tion of the Senate and signature of the Governor, it becomes a 
 law. If the Douglass House had disbanded and the Dunsmore 
 House had continued to transact business, then it would have 
 become a de facto House and thelawsenactedbyitwould be valid; 
 but under the evidence in thiscaseitwillhardly be contended that 
 the Dunsmore House is a de facto House. 
 
 Under the evidence in this case and in accordance with the 
 views expressed in this opinion, the temporary injunction must 
 be allowed, for the reason that the court is of the opinion that the 
 Dunsmore House is not the legal House of Representatives, and 
 that the act in question has not been legally passed. 
 
 Injunction allowed. 
 
LETTERS TO GOVERyOR LEWELLIXG. 151 
 
 IN THE SUPREME COURT. 
 
 The Testimony oe Hon. A, H. Lupeer, Who was Elected 
 
 Temporary Clerk oe the Dunsmore House 
 
 on January io, 1893. 
 
 Mr. Ivupfer, who is a Populist, and a representative from 
 Pawnee County, gave the following testimony in the Gunn trial 
 before the Supreme Court. His testimony is significant as 
 showing the methods pursued by the Populists in organizing the 
 House with less than a constitutional majority of certificated 
 members. This evidence was elicited on cross-examination by 
 the prosecution on Wednesday, February 22, 1S93: 
 
 cross-examination by MR. ROSSINGTON. 
 
 Q. Speaking- of this roll : When you saw the original roll, in what shape 
 was it? Was it tj'pewritten? A. I did not notice that. 
 
 Q. Did you see whether or not it was certified as a true copy by the pres- 
 ent Secretary of State, Mr. Osborn ? A. I did not notice that at all ; I was 
 paying attention to thi^ slip, this page, upon which was written the names 
 of the contestants, and as the members of the districts were called I indi- 
 cated the names to Mr. Rich. 
 
 Q. What do you mean by the original roll ? A. The roll that was handed 
 to Mr. Rich. 
 
 Q. What do you mean by the original roll? A. The roll that was handed 
 to Mr. Rich by Speaker Dunsmore as having come from the Secretary of 
 State Osborn. 
 
 Q. But whether or not it was the original list or a certified copj' you do 
 not know? A. I could not say. 
 
 Q. Where did you get this list of names, from what source? A. It ia my 
 recollection that I received the names from the members-elect themselves; 
 I took down the names as they were given by the members. I think I put 
 down one or two names at the suggestion of Mr. Breidenthal. 
 
 Q. Who is Mr. Breidenthal? A. He is chairman of the State Central 
 Committee of the People's party. 
 
 Q. Was he a member of the Legislature? A. No, sir. 
 
 Q. From whom else did you receive suggestions? A. I don't know 
 that I received suggestions relative to these parties from any one else, except, 
 as I stated, from the members themselves. 
 
 Q. What do you mean by " the members themselves," what member.s? 
 A. The contestants that were present at our caucus meeting the night pre- 
 vious and the morning prior to the assembling in Representative Hall. 
 
 Q. Who suggested that you should make this record to be handed in ? 
 A. It was spoken of at the beginning of the organization. 
 
 Q. The organization of what? A. The organization of the House by 
 Speaker Dunsm.ore, and his remarks during the time that Mr. Osborn acted 
 as chairman. 
 
 Q. Then it was made by you after the House assembled, was it ? A. I 
 had those names prior to that time. 
 
 Q. From whom did you receive them prior to that time? A. From the 
 members, I think I said. 
 
 Q. ^^^^ere and under what circumstances? A. At our caucus meeting. 
 
 Q. Then, as I understand you, it was determined at the caucus meeting 
 to insert these names on the roll, was it? A. If the Republican side of the 
 House persisted in calling the names of their contestees. 
 
 Q. By "their contestees" you mean the names of the members appearing 
 
162 LETTERS TO COVERyOR LEWELLIXG. 
 
 upon this (iriginal ofTiciat roll which you have nientioucd? A. Vt;>, -sir ; 
 persons against whom contests had been filed. 
 
 Q. Had been filed, and whose names appeared on the roll? A. Yes, sir. 
 
 Q. And if that roll was sought to be called and as it was recorded in the 
 office of the Secretary of State, then jou proposed t ) insert those names in 
 the roll? A. The proposition was made that all parties whose seats were 
 contested should be set aside until after the temporary organization of the 
 House. 
 
 Q. Then, I understand you, the Republicans had a certified roll that was 
 produced there before this original roll you speak of? A. They said so ; I 
 do not know it was the fact. 
 
 Q. They were calling names from what appeared to be such ? A. What 
 they claimed to be such. 
 
 Q. Was your name called? A. I wasn't paying any attention to that 
 roll-call. 
 
 Q. Exactly not. They were calling that roll, were the3' not— don't you 
 know that the roll they were calling was identical with the original roll 
 that was handed into the House by Mr. Osborn? A. They said it was a 
 certified copy. 
 
 Q. Don't you know it was? A. I cannot say, sir. 
 
 Q. Did you hear any variation from the original roll in the call? A. I 
 wasn't paying any attention to their roll-call. 
 
 Q. Did you know, or have reason to believe, that that roll would be 
 changed or altered as delivered by the Secretary of the State, or a copy of it, 
 identical with it, would be called without change or alteration ? A. I wa» 
 not by the side of Remington ; if he called the complete roll, I paid no 
 attention. 
 
 Q. How did you know, then, to direct that the names of these con- 
 testants should be put in, unless you knew the names of the contestees were 
 being called? A. I knew the numbers of their districts. 
 
 Q. Then you heard the names called, did you ? A. I received the 
 numbers of the districts from the members themselves. 
 
 Q. Then, as I understand y u, what you are pleased to call the con- 
 testants asked you to have their names put upon the roll ; is that a fact? A. 
 1 don't know that they asked nie to have that done. 
 
 Q. Did you do it officiously, without anj'body suggesting it to you ? A. 
 No, sir ; the direction of the Speaker, I believe, sir, was that those names be 
 called. 
 
 Q. What Speaker do you refer to? A. Speaker Dunsmore. 
 
 p. Did he give you any such direction before the roll was called by Mr. 
 Rich? A. The direction was given to Mr. Rich, and I simply indicated to 
 him the district in which these contests appeared. 
 
 Q. Did you know that right next to Mr. Dunsmore there stood Mr. . 
 Douglass at that very time? You knew that, did you not ? A. Yes, sir ; I 
 presume he was standing there. 
 
 Q. And prior to Mr. Douglass standing there, Mr. Cubbison had stood 
 there, had he not? A. I presume so. 
 
 Q. And Mr. Remington occupied the clerk's desk, and you stood there 
 beside him for awhile? A. While he was waiting for his roll. 
 
 Q. Didn't he call his roll? A. I presume he did, sir, but I was not there. 
 
 Q. Don t you know it to be a fact ? A. I presume hecalled a roll, but I 
 was not there when he did it. 
 
 Q. How did you happen to be away? You were there as clerk? A. I 
 had no roll to call at that time. 
 
 Q. Were you not by his side or right rear him? A. When? 
 
 Q. When he called his roil. A. My recollection is, I was not ; I wa-s 
 there when he first went up to the stand. 
 
 Q. Is it not a fact that you were not elected and were not there at all? 
 A. When Mr, Remington was there? 
 
 0. Yes, sir. A. when Mr. Remington was elected temporary chief clerk 
 I was there shortly after him, but at that time neither one of us had a roll. 
 
 Q. How long after? A. I could not state. 
 
 Q. Is it a fact that during the incumbency of Mr. Reminglon in the 
 temporaryclerkship of that House, during his incumbency, that you had 
 been chosen as temporary chief clerk of the Dunsmore House, so called ? A. 
 I took my place there very shortly after Mr. Remington, but it is my recollec- 
 tion that Mr. Remington stood there, waiting for a roll to be presented 
 to him. 
 
LETTERS TO GOVERNOR LEWELLIXc;. 15S 
 
 in the stand at the timi you ^oot 5 ^^uark that Mr. Cubbison was still 
 while you were both waiting for a ron7 I^V.J'^-'^^r ^'"^ ?e""n^ton and 
 sumeldid. '■mg lor a roll i- A. Yes, sir ; for a short time, I pre- 
 
 A. I^pri^uil/eThafllr'^.^SLn^ ^^and at that time? 
 
 any attention, v.uuoison was m it at that time. I was not paying 
 
 chie9ckrk?^^a^are?;i^f['e?^V'S^^^^^ ^- ^ was chosen 
 
 was— -y ''"«^r Mr. Kemington was ; I presume Mr. Cubbison 
 
 in a^oud ?oni of vicf -'rhoW^hf m ^r",*-^' y°" ^^^^^^ ^^- Remington say 
 members as it appears in the office^f X'^l ^^ ^'^^^^^^'^^^o^-.y oi X.^^^ xtl^f 
 directed to read ftf You heard that? at ct'^7i%'>' ^^ State," and he was 
 one make that remark or somettWn,; e^' •, ^"^Y^ ''^f°'"e t^^t I heard some 
 who it was that said it! "'^ ^"^^^t^ing similar to that, but I could not st^Je 
 
 nanPes a^pe^Vcd^Toa't" ^roU^^r'Jf ^^^^ /" P'^^* of these ten men whose 
 
 names of ^ontestaLLliouTdbe^nseXrind^H '\^".'i"V°"> ^^^^^ ten^ther 
 dropped? A. The matter was talked ovIVk ^^1'?^-^^^.^"^ ten should be 
 
 caucus that should the Republican sidrj^w* ^ ^^^""^ ^^ was decided in thi 
 contestees upon it, thafwe sho-dd add ^^ ^^ "P°" calling the roll with til 
 
 Douglass the proposition- ''^^ preliminary remarks by Mr 
 
 O r.;,i,J: ?"^- ^- I presume I was 
 
 as hJitr^^^^l^^J- ^icli in the calling of that roll? a. Only so far 
 
 tell|m^V^^'?o\^,^?-etothe„ame^oa^^^^^^^^ ,,e roll, did you 
 
 don't know that I did so- I i,,«t',-^^- .w^ the others in their stekd' A T 
 in vvhich thecontestants'ap]>eareS '^'"'^ '° '^^"^ ^'^^ ^""^ber of the district 
 A. Pthi'n\^^it7s! It' '^"' "^^' - -^^t Mr. Rich did as that roll was called? 
 
 , -•■--- ^'s"i- vJi nine mem 
 whether I was selected or not. -,--.. ^,.„ . irmemoer 
 
 Q.^^Wereyouaniemberofthccommittee.Iamasking? A. I presume I 
 
 spo,?esiS°o7?L^L™frt °! ''' "^-^ --''1 -t state ; M^ Bunsmore wa. 
 
 tion1inown'isM'l[e^''!s'teS".Tonu.'!ift^^^^ nitentions of this organiza- 
 
 place motions and make Vhl'-n^X^n^U^^^^^^^ A. The persons on thatTer^To 
 
 r;L-is?jr,fr' '-"'»- •"=•"- '--^ 
 
 ^^- 30 your ■• ..«ri„, eo„„U.e. •■ „, dcvi.cd f„, .H. p„^„ „f ,„„;: 
 
154 LETTERS TO GO I EPNOR LE WEI UNC. 
 
 iiig: tliat resistance with either strategy or force ; is not that a fact ? A. I do 
 not know, sir. 
 
 Q. Was not that the purpose of your committee? A. We have never 
 attempted to use either strategy- or force in this matter. 
 
 Q. Was it not the purpose of 3-our " Steering- Committee," as represent- 
 ing' the body out of which it was chosen, to prevent the organization of the 
 House by those who held certificates of election, without considering the 
 contestants? A. We did not want the Republicans to organize the House ; 
 yes, sir. 
 
 Q. That, in plain terms, was your purpose, was it not? A. Yes, sir. 
 Q. You were to determine who were elected and who were not before 
 the organization of that House? A. We had knowledge of the testimony 
 that had been taken in these contests. We heard the claims of the con- 
 testants. 
 
 Q. Did you notify the contestees to appear and present their documents? 
 A. I don't think we did. 
 
 Q. So that you only heard one side of this controversy then, did you ? 
 A. Ves, sir. 
 
 Q. Did you not know, as a matter of fact, that the first name on that 
 roll, to which Mr. Dunspiore objected, Mr. Campbell, had been elected by 
 more than a thousand votes over his opponent in Doniphan County? A. 
 Never heard that. 
 
 Q. Did you not furthermore know that Mr. Sherman, of this county, -who 
 was also upon your list of i'jr/ar/if members, had been elected by over four 
 hundred votes? A. Ko, sir. 
 
 Q. Had you heard anything to the contrarj'? A. No; we never made 
 any claim to the contrary ; there were other matters. 
 
 Q. Is it not a fact that the only claim that was ever made against them 
 was that, at the time they were elected, but not at the time they qualified, 
 that they were U. S. postmasters in their localities? A. Yes, sir; we knew 
 they held that position. 
 
 Q. Did you not know that they had purged themselves of that element 
 of disqualification by resigning their post-offices and having their success- 
 ors chosen and qualified before the Legislature assembled? A. We knew 
 that they had tendered their resignations, but we did not know that they had 
 purged themselves of this disqualification. 
 
 Q. Did you know they had not ? A. We had the language of the Con- 
 stitution. 
 
 Q. Of the State of Kansas? A. Yes, sir. 
 
 Q. Is it not a fact that at the same time there were two persons sitting 
 in your caucus, and who afterwards entered the House and are now sitting 
 in the Dunsmore House, who not only were postmasters at the time of their 
 election, but were postmasters down to very recent times? A. I learned 
 afterwards that there were two on our side, but one had tendered his resig- 
 nation immediately after his nomination, but the Postmaster-General did 
 not see fit to accept it, but he afterwards called his attention to that effect, 
 and I believe he afterwards accepted it. 
 
 Q. At what time? The resignation was accepted after his election ? A. 
 Yes, sir. 
 
 Q. And after the meeting of the Legislature, and after he was seated? 
 A. That his resignation was accepted ? 
 
 Q. Yes, sir. A. That is not my understanding— that his resignation 
 was accepted. 
 
 Q. Did you investigate to find out ? A. I have his word only. 
 
LETTERS TO GOVERNOR LEWELLING. 155 
 
 IN THE SUPREME COURT. 
 
 Testimony of Ben C Rich. 
 
 Ben C. Rich was elected chief clerk of the Dunsmore House 
 January loth, as soon as the temporary organization had been 
 perfected. Mr. Rich, as chief clerk, relieved Hon. A. H. Lupfer, 
 who had been elected temporary clerk. This evidence is a con- 
 tinuation of that offered by Mr. Lupfer, and is here given a place 
 to show that the ten bogus members were placed upon the roll- 
 call by Mr. Rich without legal authority, and formed a part of the 
 membership of the Dunsmore House for seven weeks. The evi- 
 dence also discloses the fact that there v/ere but fifty-six certificated 
 members present at the time of organization on Wednesda}', Jan- 
 ixary loth. This evidence was given upon cross-examination by 
 Mr. T. F. Garver, of the prosecution, and is the official report of 
 the Supreme Court stenographer. 
 
 CROSS-EXL\MINATlON BY MR. GARVER. 
 
 Q. Where did you say the original journals were? A. I turned them 
 over to Mr. Semple, chairman of the Revision Committee, on Monday even- 
 ing, February 13th— I think that is the evening. 
 
 Q. Did you at that time turn over to him the journal of the first ten days? 
 A. They had been turned over prior to that, under the first resolution. 
 These were turned over under House Resolution No. 6S. 
 
 Q. When did you turn over to him the first original journal of the first 
 ten days, including January loth? A. That I could not state. The resolu- 
 tion was introduced February 2d, but it was probably some time after that, 
 between that and the 13th. I did not impress it on my mind. All I had in 
 my possession at that time was the memorandum kept of the proceedings. 
 
 Q. Was there a memorandum of the proceedings kept of the body pre- 
 sided over by Mr. Dunsmore from the time it was first organized? A. Yes, sir. 
 
 Q That is what you call the original journal, was it? A. Yes, sir. 
 
 Q. Have you seen that since you turned it over to Mr. Semple? A. I 
 have not seen it since. 
 
 Q. Did j-ou act in conjunction with that committee in revising the 
 journal ? A. No, sir. 
 
 Q. Were you consulted by the committee in revising it ? A. No, sir. 
 
 Q. Was there what purported to be a journal of the Dunsmore House 
 printed, showing the proceedings of the first days of the session previous to 
 February 2d? A. Yes, sir. 
 
 Q. Is this one of the printed journals showing the first proceedings of 
 the Dunsmore House? 
 
 [Objected to as not proper cross-examination.] 
 
 A. No, sir. 
 
 The Chief Justice : Overruled. Proceed, Mr. Garver. 
 
 A. This appears to be the ori inal journal. 
 
 Q. Who had that printed? A. It was printed by order of the House. 
 
 Q. Wiiat was the occasion f:)r the House taking steps on February 2d? 
 A. For the purpose of making a chance to include that part of the session I 
 
166 LETTERS TO GOVERNOR LEWELLING. 
 
 was not a witness to. I did not get into the hall until after the pixlinii- 
 naries, when the temporary Speaker was about to vacate his chair. 
 
 Q. Was some one in the Speaker's stand at the time you went in, besides 
 Mr. Ryan ? A. There was a gentleman on the south side of him. 
 
 Q. Who ? A. He was a stranger to me. 
 
 Q. Do you now know who that was? A. I think I know. 
 
 Q. Who? A. Mr. Cubbison. 
 
 Q. Were you there at the time Mr. Semple was appointed temporary 
 clerk? A. Yes, sir ; I got in just as he was appointed. He took his station 
 the J behind the clerk's desk just as I went in. 
 
 Q. After Mr. Lupfer was appointed temporary clerk, Ryan proceeded to 
 act as temporary Speaker? A. He did until some one made a motion, and 
 then Dunsmore was elected Speaker. 
 
 Q. Who participated after lyupfer was elected temporary clerk and you 
 chief clerk? A. The gentlemen on the north side of the Hall, known as 
 Populists. 
 
 Q. What were the gentlemen on the south side of the Hall known as, as 
 Republicans, going through the same operations? A. Yes, sir. 
 
 O. After you went into tlie Hall, from that time on these two bodies on 
 eaclTsideof the Hall proceededentirely separately from each other ?_ A. Yes, 
 sir; independently of, but concurrent in this: they w^ere both calling rolls 
 at the same time. 
 
 Q. Were you elected by call of the roll, or by a viva voce vote ? A. By a 
 viva voce vote. 
 
 Q. Mr. Dunsmore was elected the same way? A. Yes, sir, 
 
 Q. You do not know who voted? A. No, sir ; I know of some of them, 
 for I was personally acquainted with some twenty-five or more ot them. 
 
 Q. You know some of them, but do you know how many voted on Dun.s- 
 more's election? At the time Dunsmore was elected,was anything said about 
 who had the right to vote? A. Not in my presence. I learned what trans- 
 pired since. 
 
 Q. You had the roll there that day? A. Yes, sir. 
 
 Q. On the list, where did you get it? A. I cannot say who handed it 
 to me. 
 
 Q. Where were you when you got it ? A. I was standing on the second 
 step on the north end of the clerk's desk. 
 
 Q. Was it handed to you by a stranger, or did j-ou notice who handed it 
 to you? A. I will say at this time that Mr. Dunsmore, Ryan, and Semple 
 were all strangers to me, and that I did not know what gentleman handed 
 that to me. 
 
 Q. Did any one make any request of you in reference to it, as to what 
 you should do with it? A. Yes, sir. 
 
 Q. What was it? A. To read it ; I think it was Mr. Dunsmore who 
 ordered me to read it at that time. 
 
 Q. Mr. Dunsmore was in the chair at that time? A. Yes, sir. 
 
 Q. You read it, did you ? A. Yes, sir. 
 
 Q. Did you read the entire document, or just call the names ? A. I 
 called the roll merely. 
 
 Q. When you called the roll, were the members sworn? A. They had 
 been sworn previously, before a notary public. 
 
 Q. Was there any announcement made, when you commenced calling 
 the names on that list, as to the purpose of it and what the members should 
 do? A. It may have been done ; I don't remember. 
 
 Q. When you called the names, did you wait for respon.ses ? A 
 Responses were made to every name on the list. I called some on the south 
 side who did not respond ; one or two did, by mistake, but it was taken back. 
 
 Q. What were the responses made — simply that they were present? A. 
 Yes, sir ; that they were here. It was a roll-call for finding out the "presents." 
 
 Q. Did you call the names on the roll as it was handed to you ? A. No, 
 sir. 
 
 Q. Was there any change en the rolls? A. No, sir. 
 
 Q. Did you make changes from the roll-call? A. No, sir. 
 
 Q. Did you omit any names on the roll? A. Yes, sir ; some that was 
 reported to Mr. Dunsmore as not being members, and some from a list pre- 
 pare d beforehand and handed to me. 
 
 Q. In what way did you designate those omitted? A. The number of 
 
LETTERS TO GOVERXOR LEWELLINC. lo7 
 
 the district was opposite each gentlemen whose name I was to call on the 
 .<lip of paper — a separate slip of names__ 
 
 Q. Kach name inserted on a slip? A. No, sir; there was a name on a 
 slip. 
 
 Q. Yon suggested the names written on the slip should be called when 
 you read the district? A. Yes, sir; for district No. 1, for instance, I called 
 the name of Howard instead of Campbell. 
 
 Q. When did Mr. Duusraore hand you that slip? A. I do not know who 
 handed it to me. 
 
 O. When did Dunsmore object to the names being called? Tell us 
 what you know about it. When this list came into your hands, what was 
 said to you? A. I was directed to call the roll from the names handed to 
 me, with this instruction in reference to the names appearing on this slip : 
 I should call it instead of the name on the opposite slip. 
 
 Q. How many names did you have a slip? A. Ten. 
 
 Q. Do yon know who told j'ou to do that ? A. I think the Speaker did, 
 but I am not positive who it was. As they had been objected to, these were 
 to be called. 
 
 Q. How did you know thej- had been objected to? A. I w-as so told at 
 the time. 
 
 Q. Were there an}' gentlemen standing by you, suggesting to you the 
 manner in which you should call that list. A. Mr. Lupfcr stood alongside 
 of me and watched the proceedings and that I made no mistake in calling. 
 
 Q. Did you at that time, previous to the calling of the roll, write "the 
 names of any persons on that list? A. No, sir. The names were written on 
 slips and pinned to it^to the list. 
 
 Q. Were any erasures made, or pencil marks, on that list? A. No, sir. 
 
 Q. Have you that list? A. No, sir. 
 
 O. Where is it? A. I do not know, sir. On the morning of the third I 
 hadTt ready to call the roll and it suddenlj' disappeared, and ]\Ir. Dunsmore 
 suggested that it was taken by members of the other side. I then called on, 
 and borrowed a list from, Mr. Frank Brown. 
 
 Q. That purported to be a copy of the roll in the office of the Secretary 
 of State, did It? A. Yes. sir. 
 
 Q. Did the gentlemen whose name you called, the ten names, respond? 
 A. Yes, sir; they did. 
 
 Q. Do you know whether they were all present? A. Some of them were 
 strangers to me and I can not tell you ; I know the names were all 
 responded to. 
 
 Q. As I understand you, the election of Dunsmore took place after you 
 entered into the hall ; after you went into the hall, Mr. Dunsmore was elected 
 Speaker ? A. Yes, sir. 
 
 Q. Do you know what took place there after the election of Dunsmore, 
 for some time? A. I know what took place there. Mr. Lupfer was elected 
 temporary secretary— except when I was busy and not able to notice them. 
 
 Q. Did you hear any one publicly make any objections to any of the 
 gentlemen being there, to the names of that list furnished by the Secretary 
 of State? A. I do not know anything about that list. I simply said tha't 
 list purported to come from there. 
 
 Q. Do you know what that list is? A. I said it purported to be — 
 
 Q. Do you know what names were on that list? A. Yes, sir; copies in 
 this journal. 
 
 Q. DidyOTJ hear any objections to any of those gentlemen appearing 
 there taking seats as representatives? A. No, sir. 
 
 Q. There was no public announcement made of it? A. No, sir; not 
 that I know of. 
 
 O. Had there been, you would have heard it, would you not ? A. Unless 
 I was bu'iy. 
 
 O. These ten gentlemen whose names vou called were recognized as 
 members of the Dunsmore House, and the names were regular, the same as 
 the names of the other gentlemen , were they not ? A. They were called from 
 It; there was a roll-call upon resolutions and things of that kind. No roll 
 was called on resolutions. 
 
 Q. Those names— the ten you dropped from the original list— were not 
 called by you at any time, were they ? A. No, sir. 
 
 Q. Norby any "one else on the s'ide of the Dunsmore House? A. No, sir. 
 
 Q. Was there any distinction made at any time between the votes of 
 
168 LETTERS TO GOVERNOR LE WELLING . 
 
 those ten men whose names you inserted and the rest of the list? A. In 
 what way do you mean ? 
 
 Q. Was there any distinction made as to their right to vote? A. I called 
 the roll of them as I did of the others. 
 
 Q. You have called it that way from that time to this, their names 
 appearing on the roll? A. Yes, sir. 
 
 Q. Do you know how many names responded to that roll-call? A. 
 Sixty-eight is what is reported to have responded. I cannot swear that they 
 individually actually responded, but some one did. 
 
 Q. And fifty-eight names on that list appeared to respond? A. Yes, 
 sir ; and the ten whose names are on the slip. 
 
 Q. Was that slip in pencil? A. Yes, sir. 
 
 Q. Was there any certificate to that slip or list of the ten names, show- 
 ing what it was ? A. No, sir. 
 
 Q. You do not know what it was or where it came from? A. A gentle- 
 man handed it to me. 
 
 Q. You don't know anything else about it? A. No, sir ; I only saw it. 
 
 Q. And the reason it was done was because Mr. Dunsmore objected to 
 these other names being called ? A. Yes, sir. 
 
 Q. Had you participated, previous to that time, in any caucus or con- 
 sultation called in pursuance or in regard to a change in that list as it 
 appeared in the office of the Secretary of State? A. I did not appear or par- 
 ticipate in any caucus of any kind. 
 
 Q. Had you heard of any caucus or consultation in reference to this 
 list of names? A. No, sir. 
 
 Q. You had heard something about the gentlemen whose names appeared 
 should not take part? A. Yes, sir. 
 
 Q. Was that along about the loth of January you heard that? A. Yes, 
 sir ; and some days before. 
 
 Q. Did you hear any person decide that these gentlemen were not elected, 
 save Mr. Dunsmore? A. No, sir. 
 
 Q. At the time you called these ten men, you did not know anything of 
 any one having decided the right of these men, except Mr. Dunsmore? A. I 
 do not know of that, except what was told me then. 
 
 Q. Were you in the Hall at the time an attempt was made to get a seat 
 in the hall for Mr. Rosenthal? A. I can not say that I was. I did not know 
 anything about it ; I was not acquainted with Mr. Rosenthal. 
 
 Q. Were you acquainted, at that time, with Mr. Whittington, of L,incoln 
 County? A. "Yes, sir. 
 
 Q. Were you in the hall at the time he was attempting to speak? A. I 
 do not know the circumstances. I know that Whitting^ton spoke, and other 
 gentlemen at diiferent times. I was busy with other lines of duty, and not 
 paying attention to floor-work. 
 
 Q. This revised journal you speak about, Mr. Rich, do you know who 
 got that up? Whomadeit,and who inserted these various things? A. This 
 revised journal is the journal reported back to our House by the Revision 
 Committee appointed under Resolution No. 47. 
 
 Q. Do you know what particular individual wrote it? A. No, sir. Mr. 
 Semple reported it as chairman of the Committee on the Journal. 
 
 By Judge Webb : I understand counsel interrogated you about a printed 
 copy of this, and asked you if that is the original journal as kept by you 
 originally? A. Yes, sir. 
 
 Q. Let me call your attention to the top of page 5 of that journal, and 
 ask you — I will read it for information as part of my question. (Counsel 
 rL-ading from top of page 5, purporting to be journal of the House, Tues- 
 day, January 10, 1S93, was handed to the witness by Colonel Rossington: 
 " Those present and not answering to roll-call are the following named gen- 
 tlemen," beginning with the word " Remington," and ending with total 
 seventeen.) Was that made on that day by you, or any one for you, in keep- 
 ing the journal? If so, by whose direction and authority was it made? A. 
 The Speaker requested me, under the authority known as the Reed rulings 
 in Congress, to select all the names of all the Republicans on the south side 
 of the hall thafi knew personally to be present at that time. 
 
 Q. What Speaker asked you to do that? A. Speaker Dunsmore. 
 
 Q. Is that t'he memoranmim made by you at that time of the gentlemen 
 present at that time? A. I think not. Tliere is an error here. It is correct 
 so far as the other names are concerned, but it may be incorrect as far as 
 Powers is concerned; I am not positive as to that. 
 
LETTERS TO GOVERNOR LE WELLING. 159 
 
 Q, While there were seventeen of those as it stands there, how many of 
 those seventeen persons, or sixteen, including Campbell, of Doniphan, do 
 you say were present, whom you noted as present in making your notation 
 under the ruling of Speaker Dunsmore? A. I did not hear the explanation. 
 
 Q. When Speaker Dunsniore asked j'ou to call the names of those on the 
 south side of the house, had you made the notation? A. I had. I had nine- 
 teen names, but two were crossed out. I have since found out two of them 
 were crossed out and they appeared bv mistake instead of those I had. 
 
 Q. Then you did make a memorandum of those present at that time, and 
 entered them on your journal ? A. Yes, sir. 
 
 Q How many? A. I think there were seventeen left. I had nineteen 
 on mj' list. 
 
 Q. I will ask you if that same proceeding was gone through with in the 
 subsequent days or the legislative d«ys, and whenever there was a roll-call ? 
 A. Yes, sir. 
 
 Q. The original as origifiallj' kept shows that fact, does it? A. It shows 
 that fact. 
 
 Q. The revised journal shows it to be a fact? A. I have not examined 
 anything about the first six days or the last four days. 
 
 ' Q. The first six days show the same thing, do they? A. I think so ; I 
 have not compared. 
 
 The Chief Justice : What day does the journal show any rules were 
 adopted? A. They were adopted the first day; I do not know what the 
 journal shows. On January loth the follo%ving resolution was offered and 
 adopted: ••• ■■'■ ■■■ '■'■ - 
 
 Q. Were they copied into the journal in extenso, in full? A. No, sir; 
 they were in a little hand-book. 
 
 By Mr. Garver : Mr. Rich, does this private journal state the pro- 
 ceedings subsequent to the election of Mr. Dunsmore, and state them cor- 
 rectly, does it not ? A. I do not understand. 
 
 Q. Does this journal, so far as it states the proceedings subsequent to 
 the election of Mr. Dunsmore, during the time you were present in the hall, 
 state them correctly ? A. I did not make the minutes myself; the journal 
 clerk made the minutes. 
 
 By Judge Webb : I do not think the question is competent. 
 
 By Judge Horton : He may state the facts. 
 
 Q. Do you know whether the first private journal corresponds with the 
 minutes made by the clerk ? A. I presume it does. 
 
 Q. Have you compared it ? A. I have not. The journal clerk has entire 
 control of it. 
 
 Q. I see this is signed by Ben C. Rich. A. That was put on the bottom 
 when I read it to the House and they approved it. I simply marked it 
 appioved. 
 
 Q. It was read and approved by j'our House? A. Yes; then it was 
 learned that the journal clerk had commenced when I came into the House 
 and . 11 of the proceedings were not included, and the journal clerk, in the 
 excitement, had transposed certain things and copied them out of their 
 order; this being his first time as journal clerk and this the first day, my 
 attention was called to the matter. 
 
 Q. When was that discovered? A. At the time of the Revision Com- 
 mittee's appointment. 
 
 Q. The 2d of Februarj-? A. I presume so. 
 
 Q. You can produce here the original journal? A. I cannot; it wa« 
 turned over to the Revision Committee. 
 
 Q. Cannot you get from the Revision Committee the journal of the first 
 day? A. This resolution ordered me to turn over everything, and, of 
 course, when I did sol had not further control over it. 
 
 Q. In making up this journal as j-ou have, j-ou stated that certain mem- 
 bers were present who did not respond to their names on the call of the roll. 
 At the time you were there, you knew they were there claiming to be there 
 as members of the Douglass House ? A. Ves ; but it was ray intention— 
 
 Q. I did not ask j'our intention. A. It was my intention in every case 
 to put in certified members seated on the other s'de" of the House. 
 
 y. What was your object in getting them in? A. So there could be no 
 doubt about them. 
 
 Q. To make a quorum ? \. Simply to show that the gentlemen "were 
 present. 
 
 ^. What was your object ? .■V. The Speaker ordered me to do it, and my 
 
160 
 
 LETTERS TO GOVERNOR LE WELLING, 
 
 intention was to get gentlemen afcut who:n there was no qviestion. You 
 will have to ask the Speaker abotr? what his intention was. 
 
 Q. You don't know about thai ? A. I knew what I was doinj;, but I did 
 not know what his object was. I did not ask him. 
 
 Q. You spoke about the Tom Reed rule? A. He announced that to the 
 House the third day. He announced the rule to both Houses so that they all 
 heard it. 
 
 Q. At the time yon made up the journal in that way, you understood 
 that these members there were disclaiming any connection at all with the 
 Dunsmore House? A. I had made no opinionin regard to that. 
 
 y. They were there claiming to be members of the Dougla.ss House, do- 
 ing business on the other side of the Hall ; that was it, was it not ? A. I did 
 not hear j'ou. 
 
 Q. They were there claiming to be member* of the Douglass House, do- 
 ing business on the other side of the Hall ? A. Yes, 
 
LETTERS TO GOVERNOR LEirELLIXC. 1«1 
 
 PRESIDENTIAL VOTE OF 1888 AND 1892. 
 
 (In the following election tables R. or Rep. is used for Repub- 
 lican ; I. or Ind. for Independent; I', or Pop. for Populist; P. P. 
 
 or Peo. for People's Party; D.or Deni. for Democrat; and Pro. or 
 Prohib. for Prohibitionist.) 
 
 , 1S92 , , 1S8S . 
 
 Rep. Peo. Rep. Dem. U. L. Pro. 
 Coiiniics {lofj. Ilantson. Weaver. Harrison. Cleveland. Slreeter. Fisk. 
 
 Allen 1509 1:-!0S 188G 1036 332 77 
 
 Anderson 1638 1476 1483 900 369 171 
 
 Atchison .. 2G67 2718 3219 2603 332 25 
 
 Barber S82 1439 977 710 304 11 
 
 Barton 1;.81 1810 1333 1228 101 70 
 
 Bourbon 2802 2863 3369 1831 805 49 
 
 Brown 2.562 2249 2696 1803 235 117 
 
 Butler 2648 2705 3172 1616 1721 221 
 
 Chase 891 971 1126 593 326 36 
 
 Chautauqua 1108 1292 1590 694 466 12 
 
 Cherokee 2095 3738 2935 2038 269 192 
 
 Cheyenne 505 484 779 420 22 14 
 
 Clark 225 303 473 349 98 ^ 2 
 
 Clay l(>6f. 203^ 1914 920 794 140 
 
 Cloud 1915 2268 2.542 10-52 557 118 
 
 Coffey lXii9 1879 1970 1227 440 109 
 
 Comanche 259 310 490 384 93 
 
 Cowley 3886 3875 4112 1933 1534 120 
 
 Crawford .... 31.56 1875 1362 120 
 
 Davis 3064 4164 1027 756 97 10 
 
 Decatur 619 982 1224 731 131 46 
 
 Dickinson 2419 2647 2746 1695 473 157 
 
 Doniphan 2162 1185 2243 1109 14 7 
 
 Doug-las 3114 2166 3189 1669 217 23H 
 
 Edwards 399 472 541 334 114 20 
 
 Elk 1235 1369 1566 696 600 50 
 
 Ellis 546 1069 690 756 105 2 
 
 Ellsworth 1102 1097 1159 831 39 22 
 
 Finnev 478 338 694 -348 49 50 
 
 Ford.: 649 565 822 680 119 208 
 
 Franklin 2208 2430 2422 1113 1U56 11 
 
 GarHeld 102 69 22.5 129 3 5 
 
 Geary 863 1113 .... .... 
 
 Gove 327 248 586 278 7 19 
 
 Graham 436 545 797 342 51 4 
 
 Grant 151 131 390 245 245 6 
 
 Grav 274 229 417 268 48 33 
 
 Greeley 241 114 422 180 105 8 
 
 Greenwood 1732 1780 2242 1110 542 7 
 
 Hamilton 253 186 480 295 28 9 
 
 Harper 1288 1986 1490 940 587 37 
 
 Harve V 2025 1756 2145 1065 676 68 
 
 Haskell 177 lU 291 197 21 
 
 Hodgeman 363 223 563 220 8:i 14 
 
 Jackson 1826 1594 1979 1220 13 92 
 
 Jefferson 2026 1977 2268 1601 11 99 
 
 ] ewell 1961 2225 2285 999 757 128 
 
 Johnson 2070 1932 2164 1435 303 171 
 
 Kearny 219 141 367 248 1 2 
 
 Kingman 1225 1564 1413 622 7.56 24 
 
 -11— 
 
162 
 
 LETTERS 70 GOJERNOR LEUELLLXG. 
 
 , 1892 , ,— 1888 — ^-, 
 
 Rep. Peo. Rep. Dein. U. X,. Pro. 
 Counties {107). Hairison. IVeaver. Harrison. Cleveland. Streeter. Fisk. 
 
 Kiowa 39G 37(i 525 381 107 30 
 
 Labette 2950 3116 2S70 976 2126 85 
 
 Lane 2W 222 459 267 49 20 
 
 Leavenworth 3471 3871 3272 3516 335 71 
 
 Lincoln 87,s 1348 1069 617 349 59 
 
 Linn 204(i 2063- 2166 802 1119 38 
 
 Logan 457 329 609 283 33 
 
 Lyon 2591 2623 3014 1377 469 155 
 
 Marion 2210 1682 2375 1283 219 71 
 
 Marshall 2531 2938 2547 1815 835 73 
 
 McPherson 2294 2332 2279 829 1181 119 
 
 Meade 261 214 578 342 91 7 
 
 Miami 2243 2265 2170 1600 359 100 
 
 Mitchell 1467 1855 1676 880 337 105 
 
 Montgomery 2738 2514 2871 1868 709 33 
 
 Morris 1417 1328 1612 840 258 35 
 
 Morton 106 76 333 205 29 7 
 
 Nemaha 2222 2190 2515 1682 81 93 
 
 Neosho 2000 2170 2134 1144 982 37 
 
 Ness 495 590 891 470 124 71 
 
 Norton 1054 1090 1471 631 466 31 
 
 Osage 2606 3169 3442 i:>80 1001 1G4 
 
 Osborne 1163 1380 1680 686 182 45 
 
 Ottawa 1444 1541 1569 769 366 94 
 
 Pawnee 671 717 895 303 209 38 
 
 Phillips 1352 1468 1681 763 592 35 
 
 Pottawatomie 2107 2101 2419 1471 162 52 
 
 Pratt 947 1147 1115 652 370 85 
 
 Rawlins 592 750 1023 633 127 2 
 
 Reno 31(10 3097 3398 W41 366 1.".8 
 
 Republic 2167 2049 2595 1205 110 159 
 
 Rice 1721 1821 1851 934 284 134 
 
 Riley 157 4 1 427 1856 772 286 56 
 
 Rooks 811 846 1112 412 3.50 3', 
 
 Rush 570 616 681 124 26 29 
 
 Russell 1008 730 953 571 24 15 
 
 Saline 1811 217.-. 2163 1186 329 12(i 
 
 Scott 112 162 294 182 49 13 
 
 Sedgwick 4768 5254 6071 1025 ill.s 22:1 
 
 Seward 156 115 400 207 43 4 
 
 Shawnee 67.57 4206 7672 3143 117 271 
 
 Sheridan 325 463 623 3.37 37 ' 8 
 
 .Sherman 571 748 803 481 146 12 
 
 Smith 1389 1923 1726 777 699 71 
 
 Stafford 840 1232 975 483 505 s9 
 
 Stanton 116 131 298 197 50 3 
 
 Stevens 85 185 307 268 61 21 
 
 Sumner 3.501 4058 3499 2139 1301 99 
 
 Thomas 490 693 7»1 486 121 6 
 
 Trego 309 294 477 220 25 24 
 
 Wabaunsee 13.-.6 LVJO 17(!8 960 31 33 
 
 Wallace :.77 295 412 198 9 5 
 
 Washington 2323 J.s.52 J999 1.511 260 45 
 
 Wichita 215 21 I 438 207 78 15 
 
 Wilson 1803 l(i36 2191 10;i5 671 47 
 
 Woodson 1071 1032 1119 595 363 104 
 
 Wyandotte 5891 5,529 ,5431 4155 190 25 
 
 Total 157241 163111 1.S2904 102745 37778 6779 
 
 Percent 46.71 18.44 .54 75 30.75 11.:! 2.02 
 
 Plurality 5.s7(l 801,5;t 
 
 Total Vote 32 I8,S7 3;m>35 
 
 *Bidwen, Pro., 4,5,53. 
 
LETTERS TO COIERAOR LEWELLIXC. 163 
 
 GOVERNOR IX 1890. 
 
 Rep. All. Dem. Pro. 
 
 Humphrey. IVillits, Robimon. Richardson. 
 
 115,025' .10(;,972 71,;>i7 1,230 
 
 PREVIOUS VOTES FOR PRESIDENT. 
 
 Rep. Dem. Gbk. Pro. Total. 
 
 1884 l.")4,406 90,1S2 HI, 8-11 1,495 265,374 
 
 1880 121,549 59, SOI 10,,'<.51 201,236 
 
 1870 78,122 37,902 7,770 123,794 
 
 1872 67,048 32,976 -596 100,614 
 
 1868. 31,048 13,990 45.038 
 
 1864 16,441 3,091 20,132 
 
 *For Charles O'Conor. 
 
 Treasurer— J. B. Lynch, Rep 158,277 
 
 W. H. Biddle, Peo. and Dem 162,097 
 
 Joel Miller, Pro 4,191 
 
 Attorney-General— T. F. Carver, Rep 158,176 
 
 John T. Little, Peo. and Dem 162,340 
 
 R. L. Davidson, Pro 4,055 
 
 Supt. Pub. Inst.— J. C. Davis, Rep 157,917 
 
 H. N. Gaines, Peo. and Dem ^ 162,515 
 
 Alice M. Hender.son, Pro 4,045 
 
 Asso. Justice— D. M. Valentine, Rep 158,191 
 
 Stephen H. Allen, Peo. and Dem 162,338 
 
 C.H.Stevens, Pro 4,173 
 
OFFICIAL FIGURES 
 
 OF THE 
 
 VOTE FOR GUBERNATORIAL CANDIDATES, 
 
 NOVEMBER 8, 1S92. 
 
 1 
 
 GOVBRNOR. 
 
 COUNTIES. 
 
 to 
 
 1,423 
 
 ] ,490 
 
 2,679 
 
 1,365 
 
 1,712 
 
 2,929 
 
 2,228 
 
 2,702 
 
 969 
 
 1,309 
 
 3,714 
 
 492 
 
 305 
 
 2,012 
 
 2,254 
 
 1,860 
 
 312 
 
 3,877 
 
 4,155 
 
 950 
 
 2,640 
 
 1,191 
 
 2,170 
 
 473 
 
 1,370 
 
 1,026 
 
 1,106 
 
 342 
 
 562 
 
 2,424 
 
 69 
 
 1,102 
 
 251 
 
 553 
 
 134 
 
 227 
 
 111 
 
 1,778 
 
 192 
 
 1,968 
 
 1 692 
 
 110 
 
 224 
 
 1,594 
 
 1.969 
 
 2,225 
 
 1,898 
 
 144 
 
 ],58<) 
 
 37^1 
 
 3.096 
 
 .s 
 
 V) 
 
 a; 
 
 .s 
 
 Allen 
 
 1,607 
 
 1,635 
 
 2,688 
 
 956 
 
 1,423 
 
 2,753 
 
 2,580 
 
 2,654 
 
 895 
 
 1,408 
 
 2,714 
 
 500 
 
 226 
 
 1,689 
 
 1,931 
 
 1,786 
 
 259 
 
 3,900 
 
 3,087 
 
 627 
 
 2,456 
 
 2,159 
 
 3,126 
 
 399 
 
 1,234 
 
 590 
 
 1.092 
 
 477 
 
 655 
 
 2,217 
 
 103 
 
 865 
 
 324 
 
 434 
 
 148 
 
 276 
 
 245 
 
 1,731 
 
 252 
 
 1,299 
 
 2,095 
 
 178 
 
 362 
 
 1,830 
 
 2,043 
 
 1,967 
 
 2,067 
 
 214 
 
 1.211 
 
 410 
 
 2 975 
 
 35 
 89 
 45 
 12 
 
 5 
 
 20 
 
 105 
 
 87 
 
 18 
 
 4 
 59 
 
 9 
 
 2 
 99 
 67 
 57 
 
 
 
 
 Barber 
 
 
 
 
 Bourbon 
 
 
 Brown 
 
 
 Butler 
 
 
 
 
 
 
 
 
 Cheyenne 
 
 
 Clark. 
 
 
 Clay 
 
 Cloud 
 
 
 Coffey 
 
 
 
 
 
 120 
 76 
 
 7 
 51 
 
 9 
 146 
 
 5 
 10 
 12 
 14 
 
 3 
 
 
 Crawford 
 
 
 
 
 Uoniphau 
 
 Douglas 
 
 
 Elk 
 
 
 Ellis 
 
 
 
 
 
 
 
 
 
 159 
 
 
 
 
 
 
 43 1 
 
 
 1 
 
 
 1 
 
 
 1 
 
 
 1 1 
 
 
 
 
 20 
 
 
 5 
 
 Harper 
 
 Haskell 
 
 68 
 
 47 
 
 
 5 
 
 26 
 
 
 45 
 
 
 113 
 
 
 126 
 
 
 
 
 48 
 
 
 8 
 
 
 82 
 
 
VOTE FOR GUBERNATORIAL CANDIDATES. -ConT. 
 
 COUNTIES. 
 
 Lane 
 
 Leavenworth. . 
 
 Lincoln 
 
 Linn 
 
 Logan 
 
 Lyon 
 
 Marion 
 
 Marshall 
 
 McPherson . .. 
 
 Meade 
 
 Miami . 
 
 Mitchell * 
 
 Montgonieiy . 
 
 Morris 
 
 Morton 
 
 Nemaha 
 
 Neosho 
 
 Ness . 
 
 Norton 
 
 Osage 
 
 Osborne 
 
 Ottawa 
 
 Pawnee 
 
 Phillips 
 
 Pottawatomie 
 
 Pratt 
 
 Rawlins 
 
 Reno 
 
 Republic 
 
 Rice ..; 
 
 Riley 
 
 Rooks 
 
 Rush 
 
 Russell . 
 
 Saline • 
 
 Scott 
 
 Sedgwick 
 
 Seward 
 
 Shawnee 
 
 Sheridan 
 
 Sherman 
 
 Smith . . 
 
 Stafford 
 
 Stanton 
 
 Stevens 
 
 Sumner 
 
 Thomas 
 
 Trego 
 
 Wabaunsee 
 
 Wallace 
 
 Washington 
 
 Wichita 
 
 Wilson 
 
 Woodson 
 
 Wyandotte . .. 
 
 GOVERNOR. 
 
 287 
 
 r.,490 
 
 890 
 
 2,038 
 
 45.3 
 
 2,62 i 
 
 2 28S 
 
 ■2,r<3i 
 
 2,292 
 
 265 
 
 2,284 
 
 1,469 
 
 2,750 
 
 1.429 
 
 107 
 2,238 
 2,014 
 
 532 
 1,070 
 2,607 
 1.158 
 1,461 
 
 663 
 1,354 
 2,135 
 
 977 
 
 581 
 3,186 
 2,170 
 1,721 
 1,583 
 
 820 
 
 576 
 1,034 
 1,837 
 
 144 
 4,631 
 
 157 
 6,760 
 
 326 
 
 586 
 1,383 
 
 845 
 
 146 
 
 86 
 
 3,525 
 
 493 
 
 313 
 1,::61 
 
 876 
 2,343 
 
 247 
 1,805 
 1,076 
 5,852 
 
 Totals [158,075 163,507 
 
 219 
 
 3,838 
 1,348 
 2,070 
 
 331 
 2,611 
 1,652 
 2,935 
 2,352 
 
 211 
 2,230 
 1,864 
 2,.509 
 1,323 
 76 
 2,171 
 2,160 
 
 5-55 
 1 ,078 
 3,182 
 1,388 
 1,.518 
 
 728 
 1,461 
 2,08" 
 1,154 
 
 761 
 3,088 
 2,052 
 1,826 
 1,423 
 
 846 
 
 622 
 
 715 
 2,165 
 
 163 
 5,413 
 
 119 
 4,189 
 
 451 
 
 743 
 1,921 
 
 1 227 
 131 
 183 
 
 4,042 
 6.'*4 
 2')1 
 
 1,.523 
 294 
 
 2 818 
 216 
 
 1,643 
 1,027 
 5,552 
 
 119 
 
 117 
 93 
 
 49 
 
 12 
 
 27 
 
 41 
 
 162 
 
 14 
 
 53 
 
 6 
 
 9 
 
 16 
 
 19 
 
 4 
 
 46 
 
 l!6 
 
 139 
 
 42 
 
 31 
 
 10 
 
 14 
 
 25 
 
 4 
 
 166 
 
 1 
 
 143 
 
 3 
 
 5 
 
 .50 
 
 65 
 
 123 
 3 
 
 8 
 IS 
 
 2 
 14 
 
 1 
 27 
 29 
 108 
 
 4,178 
 
 10 
 
Kit) 
 
 LETTERS TO GOVERNOR LEIVETLIXG. 
 
 OFFICIAL RETURNS OF ELECTION OF 
 
 1892. 
 
 MEMBERS OF THE STATE SENATE. 
 
 First Dis/! id. Brown. Doniphan. 
 
 J. D. WilliaiHson, Rep 2,444 2,151 
 
 B. A. Seaver, Pop 2,362 1,208 
 
 F. M. Stearns, Dem 101 3 
 
 Sfcond Dislric/. Atchison. Jackson. 
 
 John M. Price, Rep 2,0(37 1,828 
 
 Charles Shedd, Dem 2.W2 1,588 
 
 Tliird District. LcciTcnicni tit. 
 
 T. P. Fenlon, Dem 2,508 
 
 Lucieii Baker, Rep. 4,031 
 
 Q. A. Baldwin, Pop 911 
 
 H. B, Callahan, Dem 40 
 
 Fourlli District. Wyandotte. 
 
 W.J. Buchan, Rep 5,052 
 
 Edwin Taylor, Pop t),179 
 
 N. B. Berry, Dem 5 
 
 Frank. Hoisinger, Proliil> 68 
 
 Fifth District. Dout:Ia.^. fi>ff.ersov. 
 
 S. O. thacher. Rep 2 K'V.i " 1,939 
 
 T. A. Bayne, Pop 2.3,83 2,0.50 
 
 D.Surber, Dem 123 44 
 
 Sixtli District. J, dm son. Afiami. 
 
 A. W. Parker, Rep J, 112 2,332 
 
 D. B. Williams, Pop 1,900 2,194 
 
 Seventh District. Liirn. Andei son . 
 
 E. T. Metcalf, Rep 2,018 1,639 
 
 D. O. Markley, Pop 2,110 1,5.31 
 
 John C. Cannon, Dem 1 
 
 Eiglith District. Bourbon. 
 
 O. A. Chenev, Rep 2,615 
 
 W. C. Dillard, Dem 3,043 
 
 jVinth District. Craivford. 
 
 Robert E. Carlton, Rep 3,123 
 
 H.M.Reid,Pop 4.103 
 
 I,. Belknap, Dem 71 
 
 Tenth District. Cherokee. 
 
 M. A. Householder, Pop 3 487 
 
 W. B. .Stone, Rep 2,811) 
 
 J. H. Baxter, Dem 128 
 
 Eleventh District. Labette. 
 
 John H. Reillv, Pop 3,082 
 
 W. H. McEwe'n, Rep 2,985 
 
 J. M. Magee, Dem 128 
 
 Twelfth District. i\Tonts:on2erv 
 
 D. McTaggart, Rep 2,711 
 
 Samuel Henry, Pop 2,520 
 
 Thirteenth District. Neosho. IVHson. 
 
 John C. Carpenter, Rep 2 OK! 1.826 
 
 S. C, McFadden, Pop .. 2.U'i3 1,6.38 
 
 Totals. 
 
 4,595 
 
 3,.57C 
 
 104 
 
 Totals. 
 
 4,795 
 
 4,030 
 
 Totals. 
 
 2,508 
 
 4,031 
 
 911 
 
 40 
 
 Totals. 
 
 5,052 
 
 6,179 
 
 5 
 
 68 
 
 Totals. 
 
 4,79.« 
 
 4,43:-} 
 
 167 
 
 Totals. 
 
 4,471 
 
 4,09) 
 
 Totals. 
 
 3,657 
 
 3,641 
 
 1 
 
 Totals. 
 
 2,615 
 
 3,043 
 
 Totals. 
 
 3,123 
 
 4 1(13 
 
 71 
 
 Totals. 
 
 3,487 
 
 2,810 
 
 128 
 
 Totals. 
 
 3,882 
 
 2.985 
 
 128 
 
 Tola 's. 
 2,711 
 2,520 
 
 Totals. 
 3,831 
 3,S09 
 
LETTER^ yy, coil-kWOR LEWELIJXC. 
 
 167 
 
 Fouylee^lkDi.st,,^.l_ lloodso,,. AlU;,. 
 
 Chariest bcottKep 1078 l,52o 
 
 William Rath, I'op I'^og ^51^ 
 
 Fifteenth District. franklin. Coffey. 
 
 W. ly. Parkinson, Rep i>;2i>0 1,787 
 
 J. W. Ivcedy, Pop 2,366 1,863 
 
 D. Fogle, Dem 165 56 
 
 Si.vteenth District. Osage. 
 
 John C. Rankin, Rep 2,620 
 
 H. G. Jumper, Pop 3,144 
 
 Peter Kirby, i>em 162 
 
 Seventeenth District. Shawnee. 
 
 William E. Sterne, Rep 6.533 
 
 R. L. Cofran, Dem 4,391 
 
 R. W. Hamoe, Prohib 
 
 Scattering •• • • 
 
 Eighteenth District. Potta-a'at nnie. 
 
 Hiram F. Robbins, Rep 2,103 
 
 Constantine Umshied, Pop 1,910 
 
 J. A. Beekey, Dem 216 
 
 Nineteenth District. 
 
 Inward A. Berry, Rep 
 
 James Shearer, Pop 
 
 130 
 
 1 
 
 Nemaha. 
 
 2,243 
 
 1,579 
 
 623 
 
 Marshall. 
 
 . 2,620 
 
 . 2,743 
 
 T-.ventiefh District. M'aslnnglon. 
 
 John H. Decker, Rep 2,481 
 
 William Rodgers, Pop 2,626 
 
 Twentv-first District. 'Kilev. Gearv. Wabaunsee. 
 
 A. F. Wade, Rep 1..5S4 S75 1,397 
 
 AdcuE. True, Pop 1,131 1,115 1,474 
 
 Twentv-second District. Dickinson. Clav. 
 
 Otis I,. Ph'isler, Rep 2, .532 1,706 
 
 M. vSenn, Pop 2,507 2,008 
 
 R. C. Miller, Dem 1 
 
 Twenty-third Disliict. Marion. Chase. .Morris. 
 
 W. A. Morgan, Rep 2 2.51 SII6 
 
 Paul S.Jones, Pop 1,675 969 
 
 — St. John, Dem 1 
 
 Twenty-fourth District. Lyon. 
 
 1,444 
 1 ,315 
 
 Greenzvood . 
 1,753 
 1,7.51 
 
 J. H. Waterhouse, Rep 2,614 
 
 Levi Dumbauld, Pop 2.636 
 
 J. Q. Starr, Dem 2 
 
 Twentv-firlh District . Butler. 
 
 T. B. Murdock, Rep 2,477 
 
 A. W. Dennison, Pop 2,765 
 
 F. L. Ayers, Dem 107 
 
 Tcventv-sixth District. Elk. Chautauqua. 
 
 R. Vv'. JI. Rowe, Rep 1,214 1,405 
 
 Jason Helmick, Pop 1,377 1,301 
 
 T'lieniy-seventh District . Cowley. 
 
 S. M. Fail, Rep 3,907 
 
 L. P. King, Pop 3,928 
 
 Tcveniy-eighth District. .Sunnier. 
 
 Robert A. X. Simonds, Rep 3,5.56 
 
 A. r,. Forney, Pop 3,975 
 
 Edmund Frantz, Dem 114 
 
 Tiventv-ninth District. , Sedgzvick. 
 
 O. H. Bentley, Rep 4,682 
 
 Ed. O'Bryan, Dem.-Pop 5,268 
 
 C. S. Nusbaum, Dem 225 
 
 Totals 
 2,603 
 2,-550 
 
 Totals. 
 
 4,013 
 
 4,229 
 
 221 
 
 Totals. 
 
 2,620 
 
 3,144 
 
 162 
 
 Totals. 
 
 6,533 
 
 4,391 
 
 130 
 
 1 
 
 Totals. 
 
 4,346 
 
 3,489 
 
 839 
 
 Totals. 
 
 2,620 
 
 2,743 
 
 Totals. 
 
 2,481 
 
 2,626 
 
 Totals. 
 3,856 
 4,020 
 
 Totals. 
 
 4,238 
 
 4,.515 
 
 1 
 
 Totals. 
 
 4,591 
 
 3,959 
 
 1 
 
 Totals. 
 
 4,367 
 
 4,a87 
 
 2 
 
 Totals. 
 
 2,477 
 
 2,765 
 
 107 
 
 Totals. 
 2,619 
 2,678 
 
 Totals. 
 3,907 
 3,928 
 
 Totals. 
 
 3,556 
 
 3,975 
 
 114 
 
 Totals. 
 
 4,682 
 
 5,268 
 
 225 
 
168 
 
 LETTERS TO (.OJ'ERXOR LE]VEIJ.T\G. 
 
 Thirtieth District. Harvry. McPhei S(»i. 
 
 S. T. Danner, Rep 2, ('80 2,305 
 
 Fox Winnie, Pop 1.684 2.32'i 
 
 D.C.Hawn.Dem 47 101 
 
 O. P. Anderson, Dem 1 
 
 Thirty- first District. Saline: Ottawa. 
 
 J. G. Moh'ler, Rep 1,827 1,413 
 
 R. K. Baldwin, Pop 2,005 1,521 
 
 T. H. Strickler, Dem 50 
 
 Thirtv-spcond District. Cloud. Rrpuhlic. 
 
 B. R. Hogin, Rep 1.964 2,145 
 
 George D. Bowling, Pop 2,213 2,054 
 
 G. M. Simpson, Dem 67 103 
 
 Thirtv-third District. Jewell. Mitchell. 
 
 N. A. Walker, Rep 1,977 1,479 
 
 A. S. Cooke, Pop 2,210 1,847 
 
 Thirtv-fouri'i District. Oifinr>ic. J.i>icr,tti. Russell. Ells^vorlh. 
 
 Dallas Gfover, Rep... 1.163 899 1,043 1,127 
 
 W. B. Helm, Pop . 1 3S7 1 ,318 710 1,073 
 
 Thirtv-fifth District. Jlartoii. Rice. Stafford. 
 
 R. C. Bailey, Rep 1.172 1.725 843 
 
 John Armstrong, Pop 1.70:1 1,870 1,236 
 
 Scattering 2 4 
 
 Thirtv-sixth District. Reno. Kiiisnian. Pratt. 
 
 James Kellev, Rep 3,215 1,218 1,(K)1 
 
 J. M.Leeds, Pop 3.01 1,.5919 1,134 
 
 Samuel Chambers, Dem 1 
 
 Thirty-Seventh District. Madison, R. /., 
 
 Harper 1,306 
 
 Barber 920 
 
 Kiowa 116 
 
 Comanche 287 
 
 Clark 221 
 
 Meade 267 
 
 Ford 669 
 
 Gray 276 
 
 Totals 4, 
 
 Thirty-eighth Distrut. Brorcn, 
 
 Ed\vards'(scattering, 1 
 
 Ness 
 
 Hodgeman 
 
 Rush 
 
 Pawnee 
 
 Garfield 
 
 L,ane 
 
 Scott 
 
 Wichita 
 
 Greeley 
 
 Hamilton 
 
 Kearny 
 
 Finney 
 
 Haske'll 
 
 Grant .. 
 
 Stanton 
 
 Morton (scattering, 1 .. . .. 
 
 Stevens 
 
 Seward scattering, 1 
 
 365 
 
 Totals 5.385 
 
LETTERS TO GOVERXOA' LEWI-JJIX 
 
 \m 
 
 Thirtv-mnt/i Districl 
 
 Gove sac 
 
 Treg'o isca tiering, 1 Gl'^ 
 
 Kills .■ fil:'. 
 
 Rooks M 2 
 
 Graham 1-1 
 
 Sheridan •'!1'.' 
 
 Decatur I'lj:; 
 
 Rawlins ,scalteriiis, ]; '^Ms 
 
 Thomas 4iij 
 
 Logan IT'.i 
 
 Wallace ;!7S 
 
 Sherman 'iS'.i 
 
 Cheyenne 476 
 
 IVillcockson, A'. Gricbf!,P. /:xaa, D. 
 
 Totals. 
 
 .6,405 
 
 Fortieth District. Smith. Phillips. 
 
 John R. Hamilton, Rep 1,4]8 1.362 
 
 G. E. Smith, Pop 1,897 1.45;; 
 
 Scatterinjf 
 
 225 
 
 69 
 
 61© 
 
 310 
 
 SIO 
 
 44 
 
 527 
 
 21 
 
 414 
 
 39 
 
 9-25 
 
 35 
 
 461 
 
 289 
 
 676 
 
 10 
 
 261 
 
 41 
 
 218 
 
 77 
 
 656 
 
 86 
 
 179 
 
 349 
 
 6,281 
 
 1,380 
 
 Voj-ton. 
 
 Totals. 
 
 1,113 
 
 3,893 
 
 1,047 
 
 4,397 
 
 2 
 
 2 
 
 MEMP.KRS OF THE HOUSE OF REPRESENTATIVES. 
 
 Dtst. DO.N-irriAN. I'otes. Dist. 
 
 1 . James A. Campbell, R 2.201 13.. 
 
 J W. Howard, P 1,1.51 
 
 ^ Scattering 3 
 
 ATCHISON. 14.. 
 
 2 . John Seaton, R 1,567 
 
 J. W. Cunningham, P 50:' 
 
 3...M. K.Nichols, R 1,317 
 
 C. A. Woodworth, P 1,376 ^5 
 
 JEFFERSON. 
 
 4...C. H. Phinney, R 1,047 
 
 Terry Critchfield, P 921 
 
 U. L. Martin, D 18 
 
 5 ..G. W. McCammon, R 896 l*^-- 
 
 L H. Gest, P 1,145 
 
 J;IvEvans, D 18 
 
 LEAVENWORTH. 17.. 
 
 6. . .Scattering 13 
 
 Stephen Meagher, D 974 
 
 J. M. Corv, R 945 io 
 
 M.H. Hadlev, P 306 
 
 7 ..J. H. Wendofff, D 1,196 
 
 H. C. F. Hackbusch, R 1,607 
 
 M. B. L,each, P 24 
 
 George McKenna, P 16 
 
 8...F. M. Gable. U 727 W-- 
 
 McCown Hunt, R 990 
 
 O. D. Gould, P 495 
 
 Scattering 2 20.. 
 
 WY.^NDOTTE. 
 
 9... A. D, Riley, R 1.863 21 
 
 J. J. McAlenev, P 1,939 
 
 N. B. Berrv, D... 22 
 
 10. .J. K. CubKison, R 2,680 22.. 
 
 C. H.J. Taylor, P 1,276 
 
 W. S. Ferguson, D 56 
 
 11...A. J.Frail, R 1,689 23. 
 
 A. A. Burgard, P 1,698 
 
 John Arthur, D 14 
 
 JOHNSON. 
 
 12. ..Nathan Zimmerman, R.. . 2,069 24.. 
 
 C. M. Dickson, P 1,9,33 
 
 W. H. Lemon, D 93 
 
 DOUGLAS. Votes 
 
 .C. N. Bishoflf, R 1,,557 
 
 Enos Reed, P 1,149 
 
 L.H.Tuttle,D 79 
 
 .N. Simmons, R 1,565 
 
 A. Holliugsworth, P 994 
 
 J. D. Gehring, D 37 
 
 FRANKLIN. 
 
 .John M. Dj'er, R 2,219 
 
 R. H. Semple, P 2,386 
 
 John Jefferies, D 172 
 
 MIAMI. 
 
 .J. B. Remington, R 2,400 
 
 W. H. Foster, P 2,101 
 
 LINN. 
 
 .J. R. Clark, R 2,060 
 
 J.W.Tucker, P 2,061 
 
 ANDERSON. 
 
 .John G. Johnson, R 1,571 
 
 Manford Schoonover, P... 1,.545 
 
 John M. Wyatt, D 08 
 
 J. W.Johnson, R 1 
 
 ALLEN. 
 
 .L. B. Pearson, R 1,584 
 
 R. F. Baker, P 1.463 
 
 BOURBON. 
 
 .H.J.Butler, R 1,397 
 
 J. R. Williams, P 1,318 
 
 .D. J. Goono, R 1,348 
 
 J. A. Clark, V ' 1,608 
 
 CRAWFORD. 
 
 ■ M. S. Gowin, R 1,595 
 
 Hugh Bone, P 2,248 
 
 L. L. Hollinger, D 26 
 
 .E. Loomis, R 1,522 
 
 W. H. Ryan, P 1,810 
 
 J. Bayless, D 20 
 
 CHEROKEE. 
 
 .M. L. Walters, P 1,661 
 
 W. B. Donald, R 753 
 
 Ed. Baker, D 18 
 
170 
 
 LETTERS TO CO'ERKOR LEWELLING. 
 
 Disl. CHEROKEK. ]'oii:s. Di.'-l. 
 
 2(1... Hugh McKay, P 1,877 14 . 
 
 Alexander Warner, R 1.030 
 
 S. N. Montgomery, V> 91 
 
 LABETTE. 45.. 
 
 26... John L. Humphrey, r 1,040 
 
 D. M. Bender, R l.GoO 
 
 G.W. Marly, D 47 
 
 27. ..P. A. Morrison, P 1.417 
 
 W. G. Hoover, R 1,.')78 4(; 
 
 B. F. I,uca.s, D IVs 
 
 MONTGOMERY. 
 
 2S...F. M. Benefiel, R 2,S06 47.. 
 
 A. L. Scott, P 2,467 
 
 NEOSHO. 
 
 29... L. G.H. Green, R 2,009 ^^^- • 
 
 J. M. Dunsmore, P 2,178 
 
 WILSON. 
 
 30...JacobLamb, R 1,812 49 
 
 A. Z. Brown, P....- 1,659 
 
 WOODSON. 
 
 31... J. H. Bayer, R l.O^sj 50.. 
 
 C. H. Bauersfeld, P 1,029 
 
 COFFEY. 
 
 32...T.C. Ballinger, R 1.826 51.. 
 
 O. M. Rice, P 1,826 
 
 W. S.Jackson, D 44 
 
 OS.A.GE. 52. . 
 
 33...E;. O.Williams, R 1,420 
 
 John Graham, P 1,732 53.. 
 
 David Oberg, D 73 
 
 34... James T. Pringle, R l.l.VJ 
 
 Thomas Chappell, P l,1.5.'i 54.. 
 
 Robert Curley, D 8.') 
 
 SHAVVNEE. 
 
 35.... \. C. Sherman, R 1,634 
 
 D. M. Howard, F 1.190 55.. 
 
 G. F. Kimball, D 12 
 
 36... W. B. Swan, R 3.021 
 
 Michael Heerv, D 1 .707 .')6. . 
 
 A. W. Wells, P ,'.7 
 
 Scattering 5 
 
 37... James A. Troutman, R.... 1.926 
 
 John Campbell, P I,o06 57.. 
 
 N. S. Theakston, D 34 
 
 Scattering .33 
 
 JACKSON. 58. . 
 
 38... Nick Kline, R 9.")9 
 
 Ed. Shellabarger, P 766 
 
 Moses Farbach, D 81 
 
 39...J. F. Pomeroy, R 't^^W ,59. 
 
 J. L. Rippeto, P 754 
 
 BROWN. 
 
 40... W. W. Price, R 2,6.")7 
 
 J. D. Hardy, P 2.163 
 
 J. M. Marcum, U 76 60. 
 
 NEMAHA. 
 
 41... Alexander Hamel, R 2.203 
 
 R. D. McCliman, P 2,245 
 
 M.\RSHALL. 61. 
 
 42. . .William Raeraer, R 2.743 
 
 S. B. Berry, P 2,669 
 
 POTTAWATOMIE. 
 
 43. ..Axel G, A.xelton, R 2,103 62. 
 
 S. A. Eytchison, P 1,.876 
 
 J. D. Pierce, D 257 
 
 RILEY. Votes. 
 
 William Knipe, R. : . . 1,5'6 
 
 Josephus Harper, P 1,452 
 
 GE.\R\\ 
 
 .George W. Winans, R 886 
 
 Dr. P. Daugherty, P 949 
 
 R. L. KepperHng, D 47 
 
 B. A. Cormany.D 129 
 
 WABAUNSEE. 
 
 .William Stronig, R 1,3.")2 
 
 Joseph Tren, P 1,.')25 
 
 LYON. 
 
 .D. W. Eastman, R 1,369 
 
 M. A. Coppock, P 942 
 
 J. K. Mayberry, D 62 
 
 .C. R. Stone, R 1.212 
 
 Charles Moss, P l,6tiC 
 
 F". H. Simmons, D ir 
 
 GREENWOOD. 
 
 .E. W. Claycomb,R 1,769 
 
 D.Gleason.P 1,743 
 
 ELK. 
 
 .Joseph Hebb, R 1,213 
 
 George W. Crumley, P 1,365 
 
 CHAUTAUQU.^. 
 
 .M. B. Chrisman, R 1.373 
 
 A. M. Ross, P 1.314 
 
 COWLEY'. 
 
 .J. H. Gilliland, R 1.872 
 
 Ed. F. Green, P 2,043 
 
 .F. G. Powers, R 2,010 
 
 J. C. Bradshaw, P 1 i)16 
 
 BUTLER. 
 
 .J. M. Satterthwaite, R 2,655 
 
 C. M. Noble, P 2,6' 6 
 
 Robert Knowles, D 84 
 
 CHASE. 
 
 .R. H. Chandler, R 938 
 
 J. S. DoolittJe, P 897 
 
 MARION. 
 
 .E. W. Hoch, R 2,185 
 
 Dallas Rogers, I' 1,742 
 
 N. W. Gordon. D 48 
 
 MORRIS. 
 
 .H. E. Richter, R 1,378 
 
 W. H. White, P 1.370 
 
 DICKINSON. 
 
 .C. Hoffman, R 2,496 
 
 M. P. Kelley, P 2.531 
 
 T. M.Gunn.D 33 
 
 CLAY-. 
 
 .J.C.Mays, R 1,723 
 
 A. A. Newman, P 1 .999 
 
 Warren B. Steadman, D.. . .39 
 Scattering 2 
 
 W.^SHINGTON. 
 
 .John J. Yeatch, R 2,393 
 
 D. M. Watson, P 2,693 
 
 .Scattering 1 
 
 REPUBLIC. 
 
 .J. M. Foster, R 2,154 
 
 J. W. Wiles, P 2,067 
 
 L. M. Morris, D 99 
 
 CLOUD. 
 
 .F:d. Hostetter, R 1,973 
 
 S. O. Everly,P 2,214 
 
 John Beach, D 51 
 
LETTERS TO GOVERNOR LEWELLIXC. 
 
 171 
 
 DlSl OTTAWA. I'o/lS. 
 
 (iS. . -E. W. Miller, R 1,467 
 
 George McConkey, P.... 1,506 
 W. B. Earns, D 50 
 
 SALINE. 
 
 64 .W A. Knouns, R 1,910 
 
 P. H. Dolan, P 2,107 
 
 M'PHERSON. 
 
 6.5... C J. Stromquist, R 2,:a4 
 
 H. Helstrom, P 2,o]G 
 
 H.C. Zinc, D \)i 
 
 HARVEY. 
 
 06. . John E. Frazer, R 2,109 
 
 O. P. Anderson, P 1,673 
 
 A. B. Gilchrist, D 44 
 
 SEDGWICK. 
 
 67... A. J. Weaver, R 1,511 
 
 H. W. Ruble, P 1,735 
 
 S. Ed. Moore, D 38 
 
 68. . George H. Douglass, R. . . 1,750 
 
 R. T. Bean, P... 1,224 
 
 Dugal Mccormick, D 34 
 
 69. . Howard Sowle, R 1,375 
 
 F. G. Rawson, P 2,186 
 
 .S. A. Bass, D 12 
 
 SUMNER. 
 
 70... William Hobson. R 1,907 
 
 G. E. Meeker, P 1,7', 1 
 
 Allen A. Chapman, D 39i) 
 
 Scattering 63 
 
 71. . .John H. Ewing, R 1,524 
 
 J. H. Doubleday, P 1,967 
 
 E. F. Neal, D. 38 
 
 HARPER. 
 
 72. ..R. P McCoUock, R.. 1,337 
 
 George H. Coulson, P 1,946 
 
 KINGMAN. 
 
 73. . .M. W. Weeks. R 1,260 
 
 T. S. Benefiel, sr., P 1,&47 
 
 Scattering 1 
 
 BARBER. 
 
 74. ..E. Sample, R 981 
 
 William Garrison, P 1,332 
 
 PRATT. 
 
 75 , .David W. Blaine, R 971 
 
 W. F. Brown, P 1,145 
 
 Scattering 1 
 
 RENO. 
 
 76. . .J. F. Greenlee, R 1,715 
 
 H. D. Freeman, P 1,391 
 
 77... J. W. Dix. R 1,535 
 
 W. C. Mitchell, P 1,511 
 
 STAFFORD. 
 
 78...D. C. Carnahan, R a57 
 
 Wm. M. Campbell, P 1,212 
 
 George Selfridge, D 54 
 
 BARTON. 
 
 79. . .W. W. Sowords, R 1,441 
 
 M. W. Cobun, P 1,715 
 
 RICE. 
 
 80.. B. D. Hammond, R 1,685" 
 
 W. M. Kenton. P ] ,8,S5 
 
 X. R. Weed, D.. Iii2 
 
 ELLSWORTH. 
 
 81.,.E. W. Wellinjiton, R 1.070 
 
 Joseph Sekavec, P 1 ,095 
 
 T.J. Laccy, D 23 
 
 D/s/. RUSSELL. I'n/es. 
 
 82... Otis L. Atherton, R 1,100 
 
 J.F.Hastings,!' 045 
 
 LINCOLN. 
 
 s;i...A. N, Whittington, P 1,284 
 
 Thomas Thompson, R 953 
 
 Ud. F. Baker, D 4 
 
 MITCHELL. 
 
 M...O. P. Tanquary, R 1,495 
 
 George H. McKinnie, 1' . 1,840 
 Scattering 1 
 
 OSBORNE. 
 
 S5... Poller W. Kenyon, R 1,147 
 
 S. W.Hill, P 1,401 
 
 JEWELL. 
 
 S6...J. E. Hawley, R 2,014 
 
 E. F. Barnett, P 2,205 
 
 SMITH. 
 
 87. . .Edwin E. Sessions, R 1,392 
 
 J. M. Helm, P 1.900 
 
 I. M. Allen, D 44 
 
 PHILLIPS. 
 
 ^'^... P. C. Wagoner, P. 1,241 
 
 Henry Ferrett, R 531 
 
 ROOKS. 
 
 .'<ii...Jas. S. Shaw, R 839 
 
 Reuben Rouse, P 814 
 
 B. Hill, D 29 
 
 ELLIS. 
 
 '.tO...B. F. Replogle, P 879 
 
 J.M.Yost, R 730 
 
 RUSH. 
 
 91. . .John Lovett, P 546 
 
 Samuel 1. Hale, R 638 
 
 PAWNEE. 
 
 92. . .J. W. Rush, R 591 
 
 A. H. Lupfer, P 770 
 
 Thomas Mansfield 1 
 
 EDWARDS. 
 
 93. ..J M. Crarablet, k .•>7 
 
 J.J. Wright, P. 424 
 
 Dr. P. A. Pearson, D 58 
 
 Scattering 2 
 
 KIOWA. 
 
 94... John W. Davis, R 401 
 
 J. W. Hair, P 369 
 
 COMANCHE. 
 
 95... T. G. Chambers, D .",47 
 
 Geo. W. HoUenback, P.. . . i;i7 
 
 CLARK. 
 
 90. ..Harry J. Bone, R 255 
 
 B. F.Morris, P 272 
 
 FORD. 
 
 07...:\r. W. Sutton, R C.-.5 
 
 B. F. Milton, P fvl9 
 
 HODGEMAN. 
 
 OS. . . T. C. Bowie, R 365 
 
 James E- Henderson, P. . . 225 
 
 NESS. 
 
 99... R. O. Elting, R 5-17 
 
 l.N. Goodvin, P 542 
 
 TREGO. 
 
 100... A. H. Blair, R 31:'. 
 
 S. T. H. Beard, P 287 
 
 Scattering 10 
 
172 
 
 LETTERS TO COVF.RXOR LEWELLTSG. 
 
 Dist. GRAHAM. I'l'/tS. 
 
 ]()]... U. ]'. Williamson. R -W 
 
 Levi rritchard, P M") 
 
 NORTON 
 
 102. . .Samuel J. Vance, R 1 ,(i-V> 
 
 W. L. Kerr, P..... I,ii81 
 
 Clarence Burnap, D '■'•2 
 
 DECATXTR. 
 
 lO;;. . James M. Crook, R lil') 
 
 Dan Caster, P ni;,s 
 
 SHERIDAN. 
 
 101. . .J. W. Warner, R :',-l2 
 
 W.J. Barnes, P 128 
 
 D. A. Freeman, D 1 
 
 GOVE. 
 
 105... R. D. Anderson, R 31'.' 
 
 W.J.Evans, P 2;() 
 
 THOMAS. 
 
 106... Joseph A. Gill, R 5li; 
 
 J. A. Bucklin, P G,')i5 
 
 RAWLINS. 
 
 107 ... Samuel Wav, R .527 
 
 R. S. Hendricks, D o'l'.' 
 
 H. P. Wlusman, P 4.s.s 
 
 CHEYENNE. 
 
 108. . .L. J. Willits, R .V!'.' 
 
 Ceo. M. Lambert, P : -15:i 
 
 SHERMAN. 
 
 109. . .Fred. A. Albee, R <",4I 
 
 Fred. F. Yearick, P (J'.U 
 
 LOGAN. 
 
 110... John F. Coulter, R 117 
 
 F. A. Mellen, P 3U\ 
 
 WALLACE. 
 
 111...W. D. Harris, R o7'. 
 
 John K. Laycock, P 2'X' 
 
 GREELEY. 
 
 112... Wm. 'SI. Gleen, R 1 1.'> 
 
 C. G. Wilson, R 1:12 
 
 Henry Weaver, P .^u 
 
 V'i/. WICHITA. I'o/fS. 
 
 n:!...W. J. Chubbuck, R 262 
 
 L.J. Davidson, P 200 
 
 SCOTT. 
 
 1U...L. S. Bover, R .. 152 
 
 J. F. Pancake, P 160 
 
 LANE. 
 
 11.1...C. E. Lobdell, R . olo 
 
 M. M. Bush, P ISS 
 
 FINNEY. 
 
 lir,.. W. R. Hopkins, R 4.58 
 
 \V R. Berry, P 365 
 
 KEARNY. 
 
 117 .F. M Kelley, R 22^ 
 
 Mansfield Young. P l^o 
 
 HAMILTON. 
 
 ns... Alfred Pratt, R 256 
 
 John Howe, P 178 
 
 Scattering 2 
 
 STANTON. 
 
 119... S. C. Garner, R 1.^3 
 
 T. M. Grissom, P 142 
 
 GRANT. 
 
 120... Peter Bowers, R 101 
 
 F B. Brown, P 119 
 
 HASKELL. 
 
 121. . .J Rosenthal, D 156 
 
 A. \V. Stubbs, R 12:j 
 
 GRAY. 
 
 122.. Ora B Douglass. R 250 
 
 John Morrison, P 244 
 
 MEADE. 
 
 12:i... Robert M. Painter, R 233 
 
 James Wilson, I. -R 240 
 
 SEWARD. 
 
 124.. H. V. Nichols, R 164 
 
 L. Lemerts, P 114 
 
 STEVENS 
 
 125 . . . Charles Moore, R 101 
 
 A. H.Drew, P 164 
 
 Wm. O'Connor, D 1 
 
 Vote for Delegates i'kom counties not Districted. 
 
 GARFIELD. 
 
 .T. A. Milton 
 
 .W. T. Williams... 
 
 MORTON. 
 
 . Robt. A. King. .. 
 .A. A. Ridlon. .... 
 
 109 
 
 72 
 
LETTERS TO GOVERNOR LEWELLIXC. 173 
 
 THE CONGRESSIONAIv CONTEST OF 
 NOVEMBERS, 1892. 
 
 OFFICIAL, FIGURES OF THE STATE, BY DISTRICTS. 
 
 Congressman at Large : W. A. Harris, Fusion, total vote 
 163,634; Geo. T. Anthony, Republican, total vote 156,761; J. M. 
 Monroe, Prohibitionist, total vote 4,055; scattering, 107. 
 
 First Congressional District: Atchison, Brown, Doni- 
 phan, Jackson, Jefferson, Leavenworth, Nemaha, and Pottawatomie, 
 
 8 counties, gave Case Broderick, Republican, 19,401 ; Fred J. Close, 
 Fusion, 15,782; T.J.McCormick, Prohibitionist, 276; scattering, 161. 
 
 Se.CONd Congressional District: Allen, Anderson, Bour- 
 bon, Douglass, Franklin, Johnson, Linn, Miami, and Wj'andotte, 
 
 9 counties, gave Edward H. Funston, Republican, 22,900; H. L. 
 Moore, Fusion, 22,817; D. W. Huston, Prohibitionist, 656. 
 
 Third Congrhssionai, District: Chautauqua, Cherokee, 
 Cowley, Crawford, Elk, Labette, Montgomery, Neosho, and Wilson, 
 9 counties, gave T.J. Hudson, Fusion, 23,998; L. U. Humphrey, 
 Republican, 21,594; M. V. B. Bennett, Prohibitionist, 382. 
 
 Fourth Congression.\l District: Butler, Chase, Coffey, 
 Greenwood, Lyon, Marion, Morris, Osage, Shawnee, Wabaunsee, 
 and Woodson, 1 1 counties, gave Charles Curtis, Republican, 
 25,327; E. V. Wharton, Fusion, 22,603; J. R. Silver, Prohibition- 
 ist, 749. 
 
 Fifth Congressional District: Clay, Cloud, Geary, Dick- 
 inson, Marshall, Ottawa, Republic, Riley, Saline, and Washing- 
 ton, 10 counties, gave John Davis, Fusion, 20,162; J. R. Burton, 
 Republican, 18,842; Horace Hurley, Prohibitionist, 471; Sidney 
 G. Cook, Stalwart Democrat, 568. 
 
 Sixth Congressional District: Cheyenne, Decatur, ElHs, 
 Ellsworth, Gove, Graham, Jewell, Lincoln, Logan, Mitchell, Norton, 
 Osborne, Phillips, Rawlins, Rooks, Russell, Sheridan, Sherman, 
 Smith, Thomas, Trego, and Wallace, 22 counties, gave William 
 Baker, Fvision, 19,398; H. L. Pestana, Republican, 17,887; Duane 
 Freeman, Democrat, 1,301; Ben Brewer, Prohibitionist, 330. 
 
 Seventh Congressional District: Barber. Barton, Clark, 
 Comanche, Edwards, Finney, Ford, Grant, Gray, Garfield, Gree- 
 ley, Hamilton, Harper, Hawley, Hodgeman, Haskell, Kingman, 
 Kiowa, Kearny, Lane, McPherson, Meade, Morton, Ness, Paw- 
 nee, Pratt, Reno, Rice, Rush, Scott, Sedgwick, Seward, Stafford, 
 Stevens, Sumner, Stanton, and Wichita, 37 couniies, gave Jen*y 
 Simpson, Fusion, 33,822; Chester I. Long, Republican, 32,053; W, 
 E. Woodward, Prohibitionist, 583. 
 
174 LETTERS TO GOVERNOR LE WELLING. 
 
 JUDICIAL DISTRICTS. 
 
 First District, I,eavenworth, Jackson, and JefFersou Counties 
 Iv. A. Myers, Judge. 
 
 Second District, Atchison County, \V. D. Webb, Judge 
 
 Third District, Shawnee County, Z. T. Hazeu, Judge. 
 
 Fourth District, Douglas, Franklin, and Anderson Counties, 
 A. W. Benson, Judge. 
 
 Fifth District, Lyon County, William A. Randolph, Judge. 
 
 Sixth District, Bourbon County, J. S. West, Judge. 
 
 Seventh District, Woodson County, L. Stillwell, Judge. 
 
 Eighth District, Davis, Dickinson, and Morris Counties, Janie-^ 
 Plumphrey, Judge. 
 
 Ninth District, Reno and Harvey Counties. F. L. Martin Judge. 
 
 Tenth District, Johnson and Miami Counties, John T. Burris 
 Judge. 
 
 Eleventh District, Cherokee, l^abette, and ^lontgomery Conn 
 ties, J. D. McCue, Judge. 
 
 Twelfth District, Cloud, Republic, and Washington Counties, 
 F. W. Sturges, Judge. 
 
 Thirteenth District, Cowle}-, Elk, and Chautauqua Counties, 
 
 A. M.Jackson, Judge. 
 
 Fourteenth District, Lincoln, Ellsworth, and Russell Counties, 
 W. G, Eastland, Judge. 
 
 Fifteenth District, Mitchell, Osborne, Jewell, and Smith Coun- 
 ties, Cyrus Heren, Judge. 
 
 Sixteenth District, Pawnee, Edwards, Hodgeman, and Garfield 
 Counties, S. W. Vandivert, Judge. 
 
 Seventeenth District, Phillips, Norton, Decatiir, Rawlins, and 
 Cheyenne Counties, G. Webb Bertram, Judge. 
 
 Eighteenth District, Sedgwick County, C. Reed, Judge. 
 
 Nineteenth District, Sumner County, James A. Ray, Judge. 
 
 Twentieth District, Rice, Barton, and Stafford Counties, J. H. 
 Bailey, Judge. 
 
 Twenty-first District, Riley, Marshall, and Clay Counties, R. 
 
 B. Spilmau, Judge. 
 
 Twenty-second District, Doniphan, Brown, and Netnaha Conn 
 ties, J. F. Thompson, Judge. 
 
 Twenty-third District, Ellis, Trego, (Vovi-. I.')<^an, and Wallace 
 Counties, S. J. Osborn, Judge. 
 
LETTERS TO GOVERNOR LEWELIJXO. 175 
 
 Twent}'-fourlh District, Harper and Barber Counties, G, W. 
 McKay, Judge. 
 
 Twenty-fifth District, McPhersou, Marion, and Chase Coun- 
 ties, IvUcieu Earle, Judge. 
 
 Twenty-sixth District, Butler and Greenwood Counties, C. W. 
 Shinn, Judge. 
 
 Twenty-seventh District, Finney, Gray, Ford, Kearny, and 
 Hamilton Counties, A. J. Abbott, Judge. 
 
 Twenty-eighth District, Kingman, Pratt, and Kiowa Counties, 
 W, O. Bashore, Judge. 
 
 Twenty-ninth District, Wyandotte County, H. L. Alden, Judge. 
 
 Thirtieth District, Ottawa and Saline Counties, R. F. Thomp- 
 son, Judge. 
 
 Thirty-First District, Meade, Clark, and Comanche Counties, 
 Francis C. Price, Judge. 
 
 Thirty-second District, Seward, Stevens, Morton, Haskell, 
 Graut, and Stanton Counties, W. E. Hutchinson, Judge. 
 
 Thirty-third District, Rush, Ness, Lane, Scott, Wichita, and 
 Greeley Counlies, V. H. Grinstead, Judge. 
 
 Thirt3--fourth District, Rooks, Graham, Sheridan, Thomas, and 
 Sherman Counties, Charles W. Smith, Judge. 
 
 Thirty-fifth District, Pottawatomie, Wabaunsee, and Osage 
 Counties, William Thomson Judge. 
 
 Circuit Court of Shawnee County, J. B. Johnson, Judge. 
 
 Court of Common Pleas of Wyandotte County, Thomas P. 
 Anderson, Judge. 
 
176 LETTERS TO GOVERNOR LEWELLING. 
 
 TERRITORIAL GOVERNORS OF 
 KANSAS. 
 
 The following is a list of the Territorial Governors of Kansas 
 with the date and term of service of each : 
 
 Andrew H. Reeder, the first Governor of Kansas Territory, took 
 the oath of office July 7, 1854. His official service ceased August 16, 
 1855, having been removed from office by the President. 
 
 Daniel Woodsou, Secretary of the Territory, by virtue of 
 office, in the absence of Governor Reeder from the Territory, be- 
 came Acting Governor April 17, 1S55, and continued to act until 
 the Governor's return, June 23, 1855, and again acted as Gov- 
 ernor after Governor Reeder's removal from office, from August 
 16, 1855, till Governor Shannon entered upon his office^ Septem- 
 ber 7, 1855. 
 
 Wilson Shannon assumed the duties of the office of Governor 
 September 7, 1855, and continued in the office until August 18, 1856- 
 
 Daniel Woodson, Secretary, again acted as Governor from 
 June 24 to July 7, 1856, and then again from August iS, 1856, till 
 September 9, 1856. 
 
 John W. Geary became Governor September 9, 1S56, and 
 served till March 12, 1857. 
 
 Daniel Woodson, Secretary' of the Territory, then again acled 
 as Governor from March 12, 1857, till April 16, 1857. 
 
 Frederick P. Stanton, having been appointed Secretary of the 
 Territory, assumed office as Acting Governor April 16, 1857, and 
 continued in that capacity until May 27, 1857. 
 
 Robert J. AValker became Governor May 27th, and served till 
 November 16, 1857. 
 
 Frederick P. Stanton, Secretary, again acted as Governor 
 from November 16, 1857, to December 21, 1857. 
 
 James W. Denver, having been appointed Secretary of the 
 Territory, became Acting Governor December 21, 1857, and 
 served as such till May 12, 1858, when he received the appoint- 
 ment of Governor. He continued in office as Governor till Octo- 
 ber 10, 1858, when he resigned. 
 
LETTERS TO GOVERNOR LEWELLING. 177 
 
 Hugh S, Walsh, Secretary of the Territory, became Acting 
 Governor October lo, 1858, and serv^ed as such till December 20, 
 1858. 
 
 Samuel Medary became Governor, December 20, 1858, and 
 continued in office till December '.",, i860. 
 
 George M. Beebe, Secretary of the Territory, became Acting 
 Governor December 17, i860, and continued to act in that capacily 
 till February 9, 1861, at which time notice of the admission of 
 Kansas into the Union was received. 
 
 The first Territorial Legislature met at the town of Pawnee, 
 near Fort Riley, July 2, 1855. It adjourned from that place July 
 6lh, and met again at Shawnee Mission, near Westport, on the 
 i6th of July, where it held its session until the 30th of August. 
 
 The second session was begun at the city of Lecompton Janu- 
 ary 12, 1857, and adjourned February 20, 1S57. 
 
 The third session, was begun at Lecompton December 7, 
 1857, and was held till December 17, 1857, when it adjourned. 
 This was a special session. 
 
 The fourth session was begun at Lecompton January 4, 1858, 
 and on the 5th adjourned, and met at Lawrence January 8, 1858, 
 where the session was continued until the 12th of February. 
 
 The fifth session was begun at Lecompton January 3, 1859, 
 adjourned to Lawrence on the 4th, and met at Lawrence on the 
 7th, where the session was held until February 11, 1859. 
 
 The sixth session was begun at Lecompton January 2, i860, 
 and adjourned January 6th, and met at Lawrence January 7th, 
 where it held its session until January 18, 1S60 
 
 The seventh session — the Legislature again met in special 
 session at Lecompton January 19, i860, and adjourned on the 
 2otli, and met at Lawrence on the 21st, where it held its session 
 until February 27th. 
 
 The eighth session of the Legislature met at Lecompton Jan- 
 uary 7, 1861, and adjourned January 8th, and met at Lawrence 
 Januarj' 9th, where it held its session until Febiuary 2, 1861. 
 
 ~n~ 
 
1 78 LE TTERS TO COl 'ERNOR LE WELLING. 
 
 GOVERNORS OF KANSAS. 
 
 ]861 TO 1893. 
 
 Charles Robinson i86i to 1863 
 
 Thomas Carney, 1863 to 1S65 
 
 Samuel J. Crawford 1865 to 1869 
 
 N. Green (three months, to fill vacancy) 1869 
 
 James M. Harvey 1869 to 1873 
 
 Thomas A. Osboin 1873 to 1877 
 
 George T. Anthony 1877 to 1879 
 
 John P. St. John 1879 to 1883 
 
 George W. Glick 1883 to 1885 
 
 John A. Martin 1885 to 1889 
 
 Lymau U. Humphrey 1889 to 1893 
 
 KANSAS IN CONGRESS. 
 
 UNITED STATES SENATORS. 
 
 William A. Peffer, Pop 'I'opeka Term expires 1897 
 
 John Martin, I>ein.-Pop Topeka Term expires 1895 
 
 HOUSE OF REPRESENTATIVES. 
 
 W. A. Harris, Cong, at Large, Dem.-Pop. Leavenworth Term expires 1895 
 
 Case Broderick, ist Dist., Rep Ho. ton Term expires 1895 
 
 Edward H. Funston, 2d Dist., Rep loUi Term expires 1895 
 
 T. J. Hudson, 3d Dist., Dem.-Pop Fredonia Term expires 1S95 
 
 Chas. Curtis, 4th Dist., Rep Topeka Term expires 1895 
 
 John Davis, 5th Dist,, Pop Junction Cit}- Term expires 1895 
 
 William Baker, 6th Dist., Pop Lincoln Term expires 1805 
 
 Jerry Simpson, 7th DisL, Pop Medicine Lodge. .Term expires 1.S95 
 
LETTERS TO GOVER.\OR LE WELLING. 179 
 
 REGISTER OF STATE GOVERNMENT. 
 
 1893-94. 
 KXECUTIVE DEPARTMENT. 
 
 Elected. November 8, 1892; terms expire January, 1895. 
 
 Office. Xante. Residence. Politics. 
 
 Governor L,. D. Lewelliug Wichita Populist. 
 
 Lieutenant-Governor Percy Daniels Girard Populist. 
 
 Secretary of State R. S. Osborn Stockton Populist. 
 
 Auditor of State ^■an B. Prather Columbus Populist. 
 
 Treasurer of State W. H.Biddle Augusta Populist. 
 
 Supt. Public Instruction H. N. Gaines Salina Popnlist. 
 
 Attorney-General J. T. Little Ola the Populist. 
 
 SUPREME COURT. 
 
 Od'Ce. .\a/>if. Term of Office. Residence. Roli/tcs. 
 
 Chief Justice. ..Albert H. Hortou.Nov., 'OO.Jan., '97. Atchison Republican. 
 
 Assoc, justice. .W. A. Johnston. . .Nov., '88. Jan., '9.5. Minneapolis. Republican. 
 Assoc Justice. S. H. Allen Nov., ';i2. Jan., ".Mt.Pleasanton. ..Populist. 
 
 LIST OF SUBORDINATE OFFICERS x\ND 
 CLERKS OF DEPARTMENTS. 
 
 SUPREME COURT. 
 
 C. J. Brown, Clerk Topeka Republican. 
 
 E. D. Wright, Deputy Clerk Topeka Republican. 
 
 A. M. F. Randolph, Reporter Burlington Republican. 
 
 W. \. Binns, Copyist Topeka Republican. 
 
 Henry Wilton, Copyist Topeka Republican. 
 
 Miss Ella Spencer, Stenographer Topeka Republican. 
 
 Clifton B. Holbert, Stenographer to Chief Justice. Atchison Republican. 
 
 Wm. A. Smith, Stenog. to Assoc. Justice Johnston. Topeka Republican- 
 
 B. F. Martin, Stenog. to .\ssoc. Justice ,\llen Alma Democrat. 
 
 GOVERNOR'S OFFICE. 
 
 Fred J. Close, Private Secretary Troy Populist. 
 
 J. B. French, E.vecutive Clerk Topeka Populist. 
 
 Miss Jessie Lewelling, Stenographer Wichita. Populist. 
 
 .Miss Edith Coles. Clerk Topeka Populist. 
 
180 LETTERS TO GOVERNOR LE WELLING, 
 
 SECRETARY OF STATE'S OFFICE. 
 
 D. C. Zercher, Assistant Secretary Olathe Populist. 
 
 E. Scott Rice, Chief Clerk Smith Center.. .Populist. 
 
 J. W. Morphy, Recording Secretary Atwood Populist. 
 
 CarlOsborn, Charter Clerk Stockton Populist. 
 
 N. N. Neher, Commission Clerk Stockton. Populist. 
 
 ATTORNEY-GENERAL'S OFFICE. 
 
 Noah Allen, Assistant Attorney-General Wichita Populist. 
 
 Miss Minnie Hodges, Stenographer Olathe Populist. 
 
 AUDITOR'S OFFICE. 
 
 R. J. Mackey, Assistant Auditor Fredonia. Populist. 
 
 Mrs. Van B. Prather, Clerk Columbus Populist. 
 
 Maj. A. P. Shreve, Clerk Topeka Democrat. 
 
 W. G. Hubbard, Clerk Galena Populist. 
 
 W. E. Topping, Clerk Columbus Populist. 
 
 Bert Brewster, .Stenographer Burrton Populist. 
 
 TREASURER'S OFFICE. 
 
 George M. Seward, Assistant Treasurer Topeka.. Republican. 
 
 W. D. McKinstrey, Clerk Wellington Populist 
 
 H. T. Brown, Clerk .' Douglass Populist 
 
 J. M. Morgan, Clerk Chetopa Populist. 
 
 Miss Corda Brown, Stenographer. Topeka Populist. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION'S OFFICE. 
 
 W. D. .Struble, Assistant Salina Populist. 
 
 D. D. Hornaday, Bond Clerk Abilene Populist. 
 
 Miss M. X,. Achenbach, Stenographer Topeka Populist. 
 
 STATE LIBRARL\N. 
 
 H. J. Dennis, Librarian Topeka Republican. 
 
 Miss Alice Ordway „ Topeka Republican. 
 
 Jacob J. Falls, Clerk Topeka Republican. 
 
LETTERS TO (rOVERXOR LEU'ELLIXG 181 
 
 REGISTER OF THE LECxISLATURE. 
 
 1893-94. 
 
 MEMBERS OF THE SENATE. 
 
 Dist. Xante. Post-nfficr. County. Politics. 
 
 1 J. D. Williamson Troy Doniphan Republican. 
 
 2 John M. Price Atchison Atchison Republican. 
 
 3. ...L,ucien Baker Leavenworth Leavenworth.. Republican. 
 
 4 Edwin Taj-lor Edwardsville Wyandotte People's Party. 
 
 •"> Solon O. Thacher Lawrence Douglas Republican. 
 
 fi J. W. Parker Olathe Johnson Republican. 
 
 7 Dr. E. T. Metcalf. Colony Anderson Republican. 
 
 8 W. P. Dillard Fort Scott Bourbon P. P.-Dem. 
 
 9 H. M. Reid Fleming Crawford People's Party. 
 
 10.... M. A. Householder Columbus Cherokee People's Party. 
 
 11 J. H. Reilly Parsons Labette People's Party. 
 
 12 D. McTaggart Liberty Montgomery. .Republican. 
 
 13 John C. Carpenter Chanute Neosho Republican. 
 
 14 Chas. F. Scott. Tola •\llen Republican. 
 
 15 J. W. Leedy LeRoy Coffey People's Party. 
 
 16. ...H. G. Jumper Melvern Osage People's Party. 
 
 17. ...Wm. E. Sterne Topeka Shawnee Republican. 
 
 18. ...H. F. Robbins Wheaton Pottawatomie. Republican. 
 
 10. . . .James Shearer Frankfort Marshall People's Party. 
 
 I ). ...Wm. Rodgers Barnes Washington ..People's Party. 
 
 21. .. .A, E. True Vera Wabaunsee ...People's Party. 
 
 22. ...M. Senn Enterprise Dickinson People's Party. 
 
 2:1. ...Wm. A. ^lorgan Cottonwood Falls. Chase. Republican. 
 
 '24. ...Levi Dumbauld Hartford Lyon People's Party. 
 
 25. .. .A. W. Dennison El Dorado Butler People's Party. 
 
 2(i. ...Jason Helmick Cloverdale Chautauqua.. .People's Party. 
 
 27... .Louis P. King Tannehill Cowley People's Party, 
 
 28. . ..A. G. Forney .. ..Belle Plaine Sumner People's Party. 
 
 29 Ed. O'Bryan Wichita Sedgwick P. P.-Dem. 
 
 30. ...S. T. Danner Newton Harvey Republican. 
 
 31 R. E. Baldwin Ada Ottawa People's Party. 
 
 32 George D. Bowling.... Belleville.. Republic People's Party. 
 
 3:! Anson S. Cooke Beloit Mitchell People's Party. 
 
 3 1 W. B. Helm Ellsworth Ellsworth People's Party. 
 
 35.,.. John Armstrong Great Bend Barton People's Party. 
 
 36.... J. M. Leeds Turon Reno People's Party. 
 
 37. ...H F. Landis Medicine Lodge . .Barber People's Party. 
 
 3-(.... Milton Brown Garden City Finney Republican. 
 
 39 K. E. Willcockson Oakley Logan Republican. 
 
 40. ...Geo. 5. Smith Germantown Smith People' »• Party, 
 
1 S2 LETTF.RS TO (iO J 'E RXOR L F II 'EL L INC. 
 vSUBORDINATE OFFICERS OF THE vSENATE. 
 
 Office. Name. Post-office. Politia. 
 
 Secretary W. L. Brown Kingman Populist. 
 
 Assistant Secretary .S. L. Gilbert Wichita Democrat. 
 
 Sergeant-at-Arms David Slmll Leavenworth. .Populist. 
 
 Assistant Sergeant-at-Arnis..F. V. Close Abilene Populist. 
 
 Journal Clerk .\. D. Gilpin Lincoln Populist. 
 
 Assistant Journal Cterk L. A. McDonald Leavenworth. .Democrat 
 
 Docket Clerk A. B. Chaffee Emporia Populist. 
 
 Assistant Docket Clerk F. M. Eastwood . ...Girard Populist. 
 
 Postmistress Mrs. Sam Wood Topeka Populist. 
 
 Assistant Postmaster John Forbes Fort vScott Democrat. 
 
 Enrolling Clerk Miss Anna Cherry. .Parsons Populist. 
 
 Document Clerk R. Larimer Columbus Populist. 
 
 Assistant Document Clerk.. .J. P. Stevens Wellsville Populist. 
 
 LIST OF SENATE COMMITTEES. 
 Session of 1S93. 
 
 TUDICIARY. — Dennison, chairman ; Dillard, O'Bryau, Cook 
 Baldwin, Leeds, Carpenter, Brown, Thacher. 
 
 Ways and Means. — Rodgers, chairman ; Dumbauld, King, 
 Forney, Landis, Parker, Baker. 
 
 Elections. — Leedv, chainnan ; Bowling, Shearer, Smith, 
 Baker. 
 
 Feder.\l Relations. — Dillard, chairman ; Helmick, Reed, 
 Williamson, Metcalf. 
 
 R.\ilROADS. — Householder, chairman ; Senn, Reilly, Leedy, 
 Helm, Jumper, Sterne, Banner, Robbins. 
 
 Assessment and Taxation. — Senn, chairman; True, Arm- 
 .strong, Willcockson, Morgan. 
 
 Fees and S-\L.a.RIES. — Taylor, chairman ; Jumper, Laiulis, 
 Baker, Willcockson. 
 
 MUNiciP.\L Indebtedness.— O'Bryan, chairnu^n; Forney, 
 Leeds, Hotiseholder, Price, McTaggart, Carpenter. 
 
 Corporations. — Bowling, chairman ; King, True, Cook, 
 Parker. 
 
 St.\TE Affairs. — Helm, chairman; Taylor, Smith, William- 
 son, Thacher. 
 
 District Apportionment. — ^J tamper, chairman; Leeds, Denni- 
 son, Dillard, Reed, Rodgers, Carpenter, Brown, Williamson. 
 
 Engrossed Bills. — Fornev, chairman ; Cook, Helm, Banner, 
 O'Bryan. 
 
LE'lTERS TO GOVERNOR LEU'ELLIXG. 1S3 
 
 Enrolled Bills.— Leeds, chainnan; Smith, vSenii, Carpenter, 
 Scott. 
 
 Agriculture. — King, chairman ; Armstrong, Shearer, Rob- 
 bius, McTaggart. 
 
 Temperance. — Morgan, chairman ; Baldwin, Helmick, Taylor, 
 Williamson. 
 
 Penal and Charitable Institutions. — Armstrong, chair- 
 man ; Reed, Reilh', Metcalf, McTaggart. 
 
 Manufactures and Industrial Pursuits. — Reilly, chair- 
 man ; Bowling, Forney, McTaggart, Sterne. 
 
 Mines and Mining. — Reed, chairman; Jumper, Householder, 
 Baker, Morgan. 
 
 Banking and Insurance. — Baldwin, chairman ; Landis, 
 Leedy, Sterne, O'Bryan. 
 
 Printing. — Cook, chairman ; Landis, Householder, Scott, 
 Parker. 
 
 Education and Educational Institutions. — Landis, chair- 
 man; Dumbauld, Baldwin, King, Banner. 
 
 Public Buildings. — Dumbauld, chairman ; Helm, Leedy, 
 Senn, Rodgers. 
 
 Cities of First Class.— Thacher, chairman ; Dillard, Denni- 
 son, Price, Taylor, Forney, Smith. 
 
 Cities of Second and Third Class. — Shearer, chairman ; 
 Dillard, Scott, Price, Willcockson, Reilly, Baldwin. 
 
 Roads and Bridges. — Smith, chairman ; Taylor, Helmick, 
 Danuer, Scott. 
 
 County Se.a.ts and County Lines. — True, chairman ; Denni- 
 son. Jumper, Brown, Morgan. 
 
 Military Affairs and Claims. — Helmick, chairman ; Rodg- 
 ers, Bowling, Robbins, Metcalf. 
 
 Public Health and Immigr.\tion. — Metcalf, chairman; 
 Armstrong, True, Dumbauld, McTaggart. 
 
 MEMBERS OF HOUSE OF REPRESENTATIVES. 
 
 1893-1894. 
 
 DistJ Name. Post-office. County. Politics. 
 
 1. . .J. A. Campbell Severance Doniphan Republican. 
 
 2. . .John Seaton Atchison Atchison Republican. 
 
 3...C. A. Woodworth Muscotah Atchison People's Party. 
 
 4...C. H. Phinney McLouth Jefferson Republican. 
 
 5. ..Lewis H. Gest Valley Falls Jefferson People's Party- 
 
 6. . .Stephen Meagher Kaston Leaven worth.. Democrat. 
 
 7...H. C. F. Hackbusch... Leaven worth Leavenworth. .Republican. 
 
184 LETTERS TO GOVERNOR LEWELLTXG. 
 
 Disf. Nc.mr. Pos/-(>_fficr. County. Politics. 
 
 8. ..McCowii 11 II 11 1. . Leavenworth L,eaven\vorth.. Republican. 
 
 9. . J. J. McAleney Kansas Citj', Kas. Wyandotte. . . .People's Party. 
 
 10. . .J. K. Cubbison Kansas City, Kas. Wyandotte Republican. 
 
 11. . .A. A. Burgard Muncie Wyandotte People's Party. 
 
 12.. .N. Zimmerman. Olathe Johnson Republican. 
 
 13.. .Dr. C. N. Bishoff. Eudora Douglas Republican. 
 
 11. . .Dr. N. Simmons Lawrence Douglas Republican. 
 
 1.5 . . .Robt. H. Semple Ottawa Franklin People's Partj'. 
 
 16.. .J. B. Remington Osawatomie Miami Republican . 
 
 17. ..J. W. Tucker Pleasanton Linn People's Party. 
 
 18.. .John G. Johnson Garnett.... Anderson Republican. 
 
 19... L. B. Pearson Humboldt Allen Republican. 
 
 20.. .H. J. Butler Fort Scott Bourbon Republican. 
 
 21. . .J. A. Clark Barnesville Bourbon People's Party. 
 
 22. . .Hugh Bone Fleming Crawford People's Party. 
 
 ■23. . .W. H. Ryan Brazilton Crawford People's Party. 
 
 24. ..C. L. Walters Scatnmonville . . . .Cherokee People's Party. 
 
 25.. .Alex. Warner Baxter Springs Cherokee Republican. 
 
 26. . .J. L. Humphrey Mound Valley . .. .Labette People's Party. 
 
 27.. .P. A. Morrison Altamont Labette People's Party. 
 
 28. . .F. M. Benefiel Coffey ville Montgomery. .Republican. 
 
 29. . .J. M. Dunsmore Tha3'er Neosho Democrat. 
 
 30.. .Jacob Lamb Fredonia Wilson Republican. 
 
 31. ..J. H. Bayer Yates Center Woodson Republican. 
 
 32. . .T. C. Ballinger Burlington Coffey Republican. 
 
 .33... John Graham Peterton Osage People's Party. 
 
 34. . .Thomas Chappell Scran ton Osage People's Party. 
 
 3d. . .A. C. Sherman Rossville Shawnee Republican. 
 
 36...Wm. B. Swan Topeka Shawnee Republican. 
 
 37. . .James A. Troutnian. .Topeka Shawnte Republican. 
 
 38. . .Nicholas Kline Muscotah Jackson Republican. 
 
 39.. .J. F. Pomeroy Hoi ton Jackson Republican. 
 
 40. . .W. W. Price F;verest Brown Republican. 
 
 41.. .R. D. McCliman Capioma Nemaha People's Party. 
 
 42. . .Wm. Raemer, Jr Herkimer Marshall Republican. 
 
 43.. .A. G. Axelton Randolph Pottawatomie. Republican. 
 
 44.. .Rev. Wm. Knipe Manhattan Riley Republican. 
 
 45. ..Dr. P. Daugherty Junction City Geary Peo. Par.-Dem. 
 
 46. . .Joseph Tren Halifax Wabaunsee People's Party. 
 
 47... D. W. Kastman Emporia Lyon Republican. 
 
 48.. .Charles Moss .\llen Lyon People's Party. 
 
 40. .E. W. Clayconib Eureka Greenwood Republican. 
 
 5U. . G. W. Crumley Grenola Elk People's Party. 
 
 51.. .M. B. Chrisman Wauneta Chautauqua . .Republican. 
 
 52. . .Ed. Green Arkansas City. . ..Cowley People's Parly. 
 
 53. . .F. G. Bowers Win field Cowley Republican. 
 
 54. . .C. M. Noble Freedom Butler People's Party. 
 
 55.. .R. H. Chandler Bazaar Chase Republican. 
 
 56.. .E. W. Hoch Marion Marion Republican. 
 
 57. . .H. E. Richter Council Grove Morris Republican. 
 
LETTERS TO GOl'ERXOR LEW'ELLING. ISS 
 
 Dist. Name. Post-nfjirr. Coitiily. Politics. 
 
 58. . .M. P Kelley Chapman Dickinson People's Party. 
 
 59. . .A. A. Newman Cla}- Center Ciay People'.s Partj-. 
 
 (■0 ..D. M. Watson Knosdale Washington . .People's Party. 
 
 CI.. J. M. Foster White Rock Republic Republican. 
 
 62... S. O. Everly Graves Cloud People's Party. 
 
 63. ..Geo. McConkej' Minneapolis Ottawa People's Party. 
 
 64... P. H. Dolan Salina Saline People's Party. 
 
 65...Chas. T. Stromquist. .Smoky Hill MqPherson Republican. 
 
 66. . .John E. Frazier Halstead Harvey Republican. 
 
 67... H. W. Ruble Greenwich >Sedgwick People's Party. 
 
 68 . . . Geo. L,. Douglass Wichita .Sedgwick Republican. 
 
 69... F. G Rawson..." Mount Hope Sedgwick People's Party. 
 
 70. . .Dr. Wm. Hobson Conway Springs. .Sumner Republican. 
 
 71. ..J. M. Doubleday Caldwell Sumner People's Party. 
 
 72. . .Geo. H. Coulson Anthony Harper People's Party. 
 
 73... T. S. Benefiel,Sr Nashville Kingman People's Party. 
 
 74. . .Wm. Garrison Medicine Lodge . .Barber .People's Party. 
 
 75... W. F. Brown Caven Pratt People's Party. 
 
 76. . .J. F. Greenlee Hutchinson Reno Republican. 
 
 77, . .J. W. Dix Lerado Reno Republican, 
 
 78. . . Wm. Campbell Antrim Stafford People's Party. 
 
 79... M. W. Cobun Great Bend Barton People's Party. 
 
 80. . .Wm. M. Kenton Raymond Rice People's Party. 
 
 81... Joseph Sekavec Alliance Ellsworth People's Party. 
 
 82. ..Otis L. Atherton Russell ..Russell Republican. 
 
 8 ;.. .A. N. \\'hittington Lincoln Lincoln People's Party. 
 
 84. ..Geo. H. McKinnie Beloit Mitchell People's Part\ . 
 
 85... S. W. Hill Alton Osborne People's Party. 
 
 86. ..E. F. Barnett Esbon Jewell People's Party. 
 
 87 ..J. M. Helm • Lebanon Smith People's Party. 
 
 88. . .P. C. Wagoner Logan Phillips People's Party. 
 
 89... James vS. Shaw Plainville Rooks Republican. 
 
 90.. .B. F. Replogle Hays City Ellis Peoples Party. 
 
 91. ..Samuel I. Hale LaCrosse Rush Republican. 
 
 92. ..A. H Lupfer Larned ., Pawnee People's Party. 
 
 93... J. J. Wright. Kinsley Edwards People's Party. 
 
 94. ..J. W. Davis Greensbiirg Kiowa Republican. 
 
 95. ..T. G. Chambers Coldwater Comanche Democrat. 
 
 96... B. V. Morris Lexington ..Clark People's Party. 
 
 97... M. W. Sutton Dodge City Ford Republican. 
 
 98. . .Dr. T. C. Bowie Hodgeman Hodgeman.... Republican. 
 
 99. . .Richard O. lilting Kansada Ness Republican. 
 
 100. ..A. H. Blair Wa Keeney. Trego Republican. 
 
 101... Levi Pritchard Hill City Graham People's Party. 
 
 102... W. L Kerr Norton Norton People's Party. 
 
 103. . .Dan Caster Oberlin Decatur People's Party. 
 
 104... W. J. Barnes Hoxie Sheridan People's Party. 
 
 105. . .R. D. Anderson Grinnell Gove Republican. 
 
 106... J. A. Bucklin Oakley Thomas People's Party. 
 
 107. . .Samuel Way Mirage Rawlins Republican. 
 
184 LETTERS TO GOVERNOR LEWELLTXG, 
 
 Disf. Ncmr. Poit-ojficr. County. Politics. 
 
 8...McCowii Hiinl. . r^caveu worth lycaven worth.. Republican. 
 
 9. ..J. J.McAlciiey Kansas Citj-, Kas. Wyandotte. .. .People's Parly. 
 
 10. . .J. K. Cubbisou Kansas City, Kas. Wyandotte Republican. 
 
 11. ..A. A. Burgard Muncie Wyandotte People's Party. 
 
 12.. .N. Zimmerman. Ola the Johnson Republican. 
 
 13.. .Dr. C. N. Bishoff. Eudora Douglas Republican. 
 
 14. . .Dr. N. Simmons Lawrence Douglas Republican. 
 
 1.5. . .Robt. H. Semple Ottawa Franklin People's Party. 
 
 36.. .J. B. Remington Osawatom.ie Miami Republican . 
 
 17... J. W. Tucker Pleasanton Linn People's Party. 
 
 18.. .John G. Johnson Gainett Anderson Republican. 
 
 19... ly. B. Pearson Humboldt Allen Republican. 
 
 20... H. J. Butler Fort Scott Bourbon Republican. 
 
 21. . .J. A. Clark Barnes ville Bourbon People's Party. 
 
 '22. . .Hugh Bone Fleming Crawford People's Party. 
 
 23. ..W. H. Ryan Brazil ton Crawford People's Party. 
 
 '24. ..C. L. Walters Scammouville Cherokee People's Party. 
 
 25 . . . Alex. Warner Baxter Springs Cherokee Republican. 
 
 26... J. I,. Humphrey Mound Valley . . . .Labette People's Party. 
 
 27.. .P. A. Morrison Altamont Labette People's Party. 
 
 '28. . .F. M. Bencfiel Coffey ville Montgomery. .Republican. 
 
 29.. .J. M. Dunsmore Thayer Neosho Democrat. 
 
 30.. .Jacob Lamb Fredonia Wilson Republican. 
 
 31. . .J. H. Bayer Yates Center Woodson Republican. 
 
 32. ..T. C. Ballinger Burlington Coffey Republican. 
 
 33 . . .John Graham Peterton Osage People's Party. 
 
 34. ..Thomas Chappell Scranton Osage People's Party. 
 
 3d.. .A. C. Sherman Rossville Shawnee Repiiblican. 
 
 36... Wm. B. Swan Topeka Shawnee Republican. 
 
 37.. .James A. Troutman. .Topeka Shawnee Republican. 
 
 38. . .Nicholas Kline Muscotah Jackson Repiiblican. 
 
 39.. .J. F. Poraeroy Hoi ton Jackson Republican. 
 
 40.. .W. W. Price Everest Brown Republican. 
 
 41.. .R. D. McCliman Capioma Nemaha People's Party. 
 
 42. . .Wm. Raemer, Jr Herkimer Marshall Republican. 
 
 43.. .A. G. Axel ton Randolph Pottawatomie. Republican. 
 
 44.. .Rev. Wm. Knipe Jlanhattan Rilej- Republican. 
 
 4j. . .Dr. P. Daugherty Junction City Geary Peo. Par.-Dem. 
 
 46. . .Joseph Tren Halifax Wabaunsee People's Party. 
 
 47.. .D. W. Eastman Emporia Lyon Republican. 
 
 48.. .Charles Moss Allen Lyon People's Party. 
 
 49. .E. W. Claycomb Eureka Greenwood Republican. 
 
 50.. G. W. Crumley Grenola Elk People's Party. 
 
 51.. .M. B. Chrisman Wauneta Chautauqua . .Republican. 
 
 52.. .Ed. Green Arkansas City Cowley People's Party. 
 
 53. . .F. G. Bowers Win field Cowley Republican. 
 
 54. . .C. M. Noble Freedom Butler People's Party. 
 
 55... R. H. Chandler Bazaar Chase Republican. 
 
 56... E. W. Hoch Marion Marion Republican. 
 
 57... H. E. Richter Council Grove Morris Republican. 
 
LETTERS TO GOJ'ERXOR LEWELLING. ISS 
 
 Disl. Name. Post-nffirr . Couiily. PolHics. 
 
 58... M. r Kellej- Chapman Dickinson Peoples Party. 
 
 59. ..A. A. Newman Clay Center Ciay Peoples Party. 
 
 60 ..D. M. Watson Knosdale Wa.shington ..People's Party. 
 
 CI.. .J. M. Foster White Rock Republic Republican. 
 
 62... S. O. Everly Graves Cloud People's Party. 
 
 63... Geo. McConkey Minneapolis Ottawa People's Party. 
 
 64... P. H. Dolan vSalina Saline People's Party. 
 
 65 . . .Chas , T . Stromquist . . . Smoky Hill Mc^Pherson Republican. 
 
 66. ..John E. Frazier Halstead Harvey Republican. 
 
 67... H. W. Ruble Greenwich pedgwick People's Party. 
 
 68 . . . Geo. L. Douglass Wichita Sedgwick Republican. 
 
 69...F. G Rawson..." Mount Hope Sedgwick People's Party. 
 
 70. ..Dr. Wm. Hobson Conway Springs. .Sumner Republican. 
 
 71... J. M. Doubleday Caldwell Sumner People's Party. 
 
 72. . .Geo. H. Coulson Anthony Harper People's Party. 
 
 73... T. S. Bencfiel, Sr Nashville . Kingman People's Party. 
 
 74... Wm. Garrison Medicine Lodge ..Barber People's Party. 
 
 75... W. F. Brown Caven Pratt People's Party. 
 
 76... J. F. Greenlee Hutchinson. Reno Republican. 
 
 77, ..J. W. Dix Lerado Reno Republican, 
 
 78... Wm. Campbell Antrim Stafford People's Party. 
 
 79... M. W. Cobun Great Bend Barton People's Party. 
 
 80. ..Wm. M. Kenton Raymond Rice People's Party. 
 
 81... Joseph Sekavec Alliance Ellsworth People's Party. 
 
 82... Otis L. Atherton Russell ..Russell Republican. 
 
 81...A. N. Whittington Lincoln Lincoln People's Party. 
 
 84... Geo. H. McKinnie Beloit Mitchell People's Party. 
 
 85. ..S. W. Hill Alton Osborne People's Party. 
 
 86. , .E. F. Harnett Esbon Jewell People's Party. 
 
 87 . . J . M. Helm Lebanon Smith People's Party. 
 
 88... P. C. Wagoner Logan Phillips People's Party. 
 
 89... James S. Shaw Plainville Rooks Republican. 
 
 90. . .B. F . Replogle Hays City Ellis People s Party. 
 
 91. . .Samuel I. Hale LaCrosse Rush Republican. 
 
 92... A. H Lupfer Larned., Pawnee People's Party. 
 
 93... J. J. Wright. Rinsley Edwards People's Party. 
 
 94... J. W. Davis Greensbprg Kiowa Republican. 
 
 95. . .T. G. Chambers Coldwater Comanche Democrat. 
 
 96... B. F. Morris Lexington ..Clark People's Party. 
 
 97 ... M. W. Sutton Dodge City Ford Republican. 
 
 98. ..Dr. T. C. Bowie Hodgeman Hodgeman. ...Republican. 
 
 99... Richard O. Elting Kansada Ness... Republican. 
 
 100... A. H. Blair Wa Keeuej'.. Trego Republican. 
 
 101 .. . Levi Pritchard Hill City Graham People's Party. 
 
 102... W. L Kerr Norton Norton People's Party. 
 
 103. ..Dan Caster Oberlin Decatur People's Party. 
 
 104... W.J. Barnes Hoxie Sheridan People's Party. 
 
 105... R. D. Anderson Grinnell Gove Republican. 
 
 106. . .J. A. Bucklin Oakley Thomas People's Parly. 
 
 107... Samuel Way Mirage Rawlins Republican. 
 
186 LETTERS TO GOVERNOR LEUELLING. 
 
 Dist. Na»n\ I'ost-ojficc. Coini/y. I'olilics. 
 
 lO.S. . . L. J. Willits St. Francis Cheyenne Republican. 
 
 109. . .Fred. E. Vearick La Blanche Sherman People's Party. 
 
 110... J. F. Coulter Russell .Springs.. .Logan Republican. 
 
 111. . .W. D. Harris Sharon Springs. . .Wallace Republican. 
 
 112... W. M. Glenn Tribune Greeley Republican. 
 
 113... M'. J. Chubbuck Leoti Wichita Republican. 
 
 114. . .J. F. Pancake Scott City Scott People's Party. 
 
 115... C. E. I,obdell Dighton Lane Republican. 
 
 116... W. R. Hopkins Garden City Finney Republican. 
 
 117 ..F. M. Kelley Kendall Kearny Republican. 
 
 118. . .Alfred Pratt Sj'racuse Hamilton Republican. 
 
 119... T. M. Grissom Johnson City Stanton People's Party. 
 
 120... Peter Bovvers Ulysses Grant Republican. 
 
 r21. . Joseph Rosenthal Santa Fe Haskell Republican. 
 
 1'22. . .O. B. Douglass Ingalls Gray Republican. 
 
 123. . .James Wilson Meade Meade Independ. Rep. 
 
 124 . . .Dr. H. V. Nichols Liberal Seward Republican. 
 
 125... A. H. Drc'v Hiigoton Stevens .People's Party. 
 
 DELEGATES FROM COUNTIES ISTOT DISTRICTED. 
 
 T. A. Milton Ravanna Garfield Democrat. 
 
 Richard A. King Richfield Morton Republican , 
 
 OFFICERS OF THE HOUSE. 
 
 Office. Name. Residence. Politici. 
 
 Speaker George L. Douglass Wichita Republican. 
 
 Speaker //-o tem E. W. Hoch Marion Republican, 
 
 Chief Clerk Frank L. Brown Garnett Republican 
 
 Asst. Chief Clerk John Q. Royce Smith Center Republican. 
 
 Reading Clerk L. S. Sears Topeka Republican. 
 
 Journal Clerk T. A. Filson Atchison Republican. 
 
 Asst. Journal Clerk... J. A. Buckles Ulysses Republican. 
 
 Docket Clerk R. M. Fulton Winchester Republican. 
 
 Asst. Docket Clerk MissB. HoUingshead.. Garnett Republican. 
 
 Document Clerk W. G. Patten Cottonwood Falls . . Republican. 
 
 Sergeant-at-Arms C. C. Clevenger Yates Center Republican. 
 
 Asst. Serg't-at-Arms..W. H. Young Kansas City Republican. 
 
 Asst. Serg't-at-Arms. .C. N. Points Havensville Republican. 
 
 Asst. Serg't-at-Arms. .A. C. Jordan Lyons Republican. 
 
 Asst. Serg't-at-Arms. .C. P. Kern Coldwater Republican. 
 
 Asst. Serg't-at-Arms.. W. P. Wilcox Emporia ..Republican. 
 
 Asst. Serg't-at-Arms. .George Higgins Topeka Republican. 
 
 Asst. Serg't-at-Arms.. L. E. Clogston Eureka ...» Republican. 
 
 Chief Doorkeeper J. R. Miller., Topeka Republican. 
 
 Doorkeeper Geo. W. Dusenbery. . ..Mullinville Republican. 
 
 Doorkeeper ..A. Barton Topeka Republican. 
 
LETTERS TO GOVERNOR LEWELLING. 187 
 
 Office. Xante. Residence. Politics. 
 
 Doorkeeper M. Benjamin Kansas City Republican. 
 
 Doorkeeper F. M. Higgason Belleville Republ ica n- 
 
 Doorkeeper Albert Marter Topeka Republican. 
 
 Chief Enrolling Clerk. Mrs. L. C. Hughes Kansas City Republican. 
 
 LIST OF HOUSE COMMITTEES. 
 
 Session of 189^. 
 
 Judiciary. — Lobdell, chairman ; Chambers, Sutton, Cubbison, 
 Rosenthal, Hopkins, Glenn, Troutnian, Davis, Hale, Johnson, 
 Eutler, Dunsmore, Doubleday, McKinnie, Daugherty, Everly, 
 Green, Ryan, Semple. 
 
 Ways and Means. — Remington, chairman; Phinne}-, Wilson, 
 Bishoff, Eastman, Hopkins, Hunt, Blair, Greenlee, Knipe, Pratt, 
 Warner, Hoch, Troutman, Chambers, Cobun, Newman, Garrison, 
 Whittington, Caster, Daugherty, Pancake. 
 
 Railroads. — Greenlee, chairman; Seaton, Atherton, Cham- 
 bers, Eastman, Price, Hackbusch, Pearson, Sherman, Kelley of 
 •Kearny, Powers, Hoch, Stromquist, Coulter, Cubbison, Nichols 
 of Seward, Campbell of Doniphan, Campbell of Stafford, Whit- 
 tington, Ruble, McConkey, McKinnie, Benefiel of Kingman, Ryan, 
 Kenton. 
 
 Agriculture. — Zimmerman, chairman; Chrisman, Foster, 
 Pomeroy, Axelton, Bayer, Chandler, Dolan, Yearick, Crumley. 
 
 St.\TE Affairs. — Atherton, chairman; Wilson, Way, Sutton, 
 Clark of Linn, Swan, Bowers, Dunsmore, Barnett, Ruble. 
 
 Elections. — Chambers, chairman; Troutman, Hoch, Rem- 
 ington, Hunt, Johnson, Greenlee, Lupfer, McCliman, Doubleday. 
 
 IvEGiSLATivE and Congressional Apportionment. — Cub- 
 bison, chairman; Meagher, Powers, Kelley of Kearny, Chubbuck, 
 Atherton, Raemer, Price, Ballinger, Ryan, Semple, Whittington, 
 Crumle}'. 
 
 Assessment and Taxation.— Price, jhairman ; Warner, Bal- 
 linger, Seaton, Swan, Frazier, Shaw, Watson, Morris, Dunsmore. 
 
 Banks and Banking. — Rosenthal, chairman ; Warner, Harris, 
 Richter, Shaw, Powers, Johnson, Drew, Dunsmore. 
 
 Fees and Salaries. — Pearson, chairman ; Hunt, Ballinger, 
 Bishoff, Bayer, Clark of Linn, Gest, Ruble, McKinnie. 
 
 Insurance. — Richter, chairman ; Hale, Frazier, Seaton, Pow- 
 ers, Warner, Kline, Newman, Sekavec, Ryan. 
 
18S LETTERS TO GOl'ERNOR J.EWELLING. 
 
 Judiciary L,ocai,. — Glenn, chairman ; Blair, Butler, Johnson, 
 Raeiner, Kline, Dix, Dunsmore, Lupfer, Garrison, Paacake. 
 
 Rules. — Seatou, chairman; Hoch, Warner, Richter, Rosen- 
 thal, Dunsmore, Semple. 
 
 Education. — Benefiel of Montgomery, chairman ; Eastman, 
 Stromquist, Price, Frazier, Bowie, Ballinger, Coulson, Chappell, 
 Foster. 
 
 Cities of First Class. — Butler, chairman ; Hackbusch, S-wan, 
 Cubbison, Seaton, Hale, Sutton, Burgard, Rawson, Clark, 
 
 Federal Relations. — Wilson, chairman ; Seaton, Sherman, 
 Richter, Warner, Pearson, Raemer, Ruble, McConkey, Pritchard. 
 
 Roads and Highways. — Phinney, chairman ; Raemer, Price 
 Simmons, Lamb, Bayer, Clavcomb, Pancake, Gest, Rawson, Chap- 
 pell. 
 
 Militia. — Bowers, chairman ; Warner, Seaton, Sherman, Elt- 
 ing, Bowie, Pritchard, McConkey, Benefiel of Kingman. 
 
 Educational Institutions. — Hale, chairman; Frazier, Hoch, 
 Pomeroy, Way, Benefiel of Montgomery, Eastman, Barnes, Dolan, 
 Moss. 
 
 Public Buildings and Grounds. — Sherman, chairman; Sea- 
 ton, Hunt, Greenlee, Bayer, Zimmerman, Pomeroy, Wagoner, 
 Morris, Crumle}^ 
 
 Public Lands. — Anderson, chairman ; Chubbuck, Nichols of 
 Seward, Bowers, Rosenthal, Coulter, Way, Yearick, Campbell of 
 Stafford, Cobun. 
 
 Manufactories. — Hunt, chairman; Swan, Seaton, Greenlee, 
 Butler, Warner, Atherton, Everly, Bucklin, Kelley of Dickinson, 
 
 Horticulture and Forestry. — Kline, chairman, Cbrisman. 
 Powers, P'oster, Way, Bowers, Douglass of Gray, Benefiel of 
 Kingman, McKinnie', Whittington. 
 
 Municipal Incorporations. — Blair, chairman ; Seaton, John- 
 son, Sutton, Hopkins, Frazier, Harris, Caster, Newman, Dou 
 bleday. 
 
 Hygiene and Public Health.— Bishoff, chairman ; Hobson. 
 Nichols of Seward, Simmons, Sutton, Swan, Campbell of Doni- 
 phan, Daugherty, Burgard, Green. 
 
 County-Seats and County Lines.— Chubbuck, chairman; 
 Nichols of Seward, Bowers. Harris, Shaw, Bowie, Kelley of Kear- 
 ny, McConkey, Morrison of Labette, Benefiel of Kingman. 
 
 Telegraphs and Telephones. — Dix, chairman; Raemer, 
 Claycomb, Butler, Campbell of Doniphan, Shaw, Way, Bone, Kerr, 
 
 Sekavec. 
 
LETTERS TO GOVERNOR L/: WELLING. 189 
 
 Emigration. — Nichols -of Seward, charirman ; Blair. Way, 
 Bowers, Dix, Bayer, Lamb, Chappell, McAleney, Kelley of Dick- 
 inson. 
 
 Private Corporations. — Sutton, chairman ; Cubbison, Lob- 
 dell, Warner, Way, Atherton, Price, McCliman, Bucklin, Morris. 
 
 Live Stock. Powers, chairman; Way, Pomeroy, Wilson, 
 Crumley, McConkey, Dolan. 
 
 Cities of Second Ci^ass. — Hopkins, chairman; Hoch, Sut- 
 ton, Warner, Greenlee, Powers, Frazier, Semple, Coulson, Hill. 
 
 Cities of Third Class. — Harris chairman; Wilson, Doug- 
 lass of Gray, Pratt, Bishoff, Anderson, Chambers, Garrison, 
 Humphrey, Kelley of Dickinson. 
 
 Claims and Accounts. — Hobson, chairman ; Bowers, Chub- 
 buck,. Shaw, Chrisman, Claycomb, Powers Coulson, Moss. 
 
 Municipal Indebtedness. — Warner, chairman; Sutton Sea- 
 ton, Powers, Rosenthal, Dix, Shaw Kenton, Bone, Clark. 
 
 State Library. — Eastman, chairman ; Hoch, Blair, Warner, 
 Seaton, Clark of Linn, Powers Clark of Bourbon, Daugherty, 
 Gest. 
 
 Irrigation. — Pratt, chairman; Willits, Hopkins, Harris, 
 Sutton, Chubbuck, Kelley of Kearny, Helm, Sekavec, True, 
 Humphrey. 
 
 IJrinTING. — Frazier, chairman ; Hunt, Hoch, Coulter, Bal- 
 linger, Bayer, Nichols of Atchison, Morris, Barnett, Campbell of 
 Stafford, McCliman, Garrison. 
 
 Mines and INIining. — Hackbusch, chairman ; Warner, Chris- 
 man, Claycomb, Butler, Lamb, Meagher, Walters, Chappell, Bone, 
 Ryan, Clark of Bourbon, Bishoff. 
 
 Penal Institutions. — Kelley of Kearny, chairman ; Hunt, 
 Dix, Seaton, Kline, Raemer, Lamb, Way, Morrison of Labette, 
 Everly, Green, Price, Watson. 
 
 Charitable Institutions. — Simmons, chairman ; Dix, Hob- 
 son, Pomeroy, Nichols of Seward, Knipe, Meagher, Everly, 
 Yearick, McConkey. 
 
 Labor. — Meagher, chairman; Claycomb, Pearson, Foster, 
 Bayer, Coulter, Willits, McAleney, Chappell, Green, Bone. 
 
 Enrolled Bills — Coulter, chairman; Douglass of Gray, 
 Elting, Willits, Bowers, Knipe, Hale, McKinnie, Yearick, Grissom. 
 
 Engrossed Bills. — Campbell of Doniphan, chairman ; Swan, 
 Meagher, Way, Ballinger, Kline, Raemer, Graham, Humphrey, 
 Kerr. 
 
 Mileage. — Chandler, chairman; Willits, " Douglass of Gray, 
 Dix, Elting, Knipe, Lamb, Grissom, Chappell, Bone, 
 
190 LETTERS TO GO]'ERNOR LE WE LUNG. 
 
 Temperance. — Elting, chairman; Anderson, Knipe, Clark, 
 Axeltou, Frazier, Rosenthal, Drew, Hill, Whittington, Helm. 
 
 Supervision of the Journal. — ^Johnson, chairman ; Davis, 
 Chubbuck, Semple, Ryan. 
 
 Employees. — Hoch, chairman; Way, Chrismau, IVIcKinnic, 
 Crumley. 
 
 Judicial Apportionment. — Davis, chairman ; Hunt, Seaton, 
 
 ton. 
 Hop- 
 
 r*. 1 iAi3) >_ »-4 •-/ ','i.o\^ 11 J v-ii CI 1X1 Ud r>. J.''il^X-lwir» \j\. v_»v^wcii\.i, vj av. laii, v-'ncxv^^, -r\.X~ 
 
 elton, Dunsmore, Butler, Kelley of Dickinson, Humphrey, Seka- 
 vec, Barnett, Ruble, Cobun, Newman, McCliman, Coulsou, Clay- 
 comb, Dolan. 
 
 Political Rights ok Women. — Knipe, chairman ; Hoch 
 Nichols of Atchison, Willits, Pearson, Drew, Moss, Barnett. 
 
LL TTERS TO GO I 'ER.\ OR LE WELLEXG. 19 1 
 
 A LIST OF APPOINTMENTS BY THE 
 GOVERNOR. 
 
 LIVE STOCK vSANITARY COMMISSION. 
 
 f E. Hull Eureka Populist. 
 
 Ed. M Turner Marysville Populist. 
 
 lohu 1. Brown Minneapolis Populist. 
 
 STATE BOARD OF CHARITIES. 
 
 M. A. Householder Columbus Populist. 
 
 Mrs. Mary E. Lease Wichita Populist. 
 
 W S. Waite Lincoln Populist. 
 
 VV. T. Yoe Independence Republican. 
 
 H. B. Kelly McPherson Republican. 
 
 REGENTS OF THE STATE UNIVERSITY. 
 
 Charles Robinson Lawrence Populist. 
 
 William Rodgers Barnes . ..Populist. 
 
 I P. Sams. Seneca Populist. 
 
 C R. Mitchell Geuda Springs Republican. 
 
 Charles F. Scott lola Republican. 
 
 D. A. Valentine. Clay Center Republican. 
 
 REGENTS STATE AGRICULTURAL COLLEGE. 
 
 Ed. Secrest Randolph Populist. 
 
 E. D. Stratford V\ Dorado Populist. 
 
 \V, D. Street Oberlin Populist. 
 
 Harrison Kelley. Burlington Populist. 
 
 loshua Wheeler . Nortonville Republican. 
 
 A. P. Forsythe Liberty Republican. 
 
 REGENTS STATE NORMAL SCHOOL. 
 
 John Madden Cottonwood Falls Populist. 
 
 J. S. McGrath Beloit Populist. 
 
 V. K. Stanley. ... Wichita Populist. 
 
 H. D. Dickson Emporia Republican. 
 
 Nelson Case Oswego Republican . 
 
 S. H. Dodge Beloit Republican. 
 
 FORESTRY COMMISSIONER. 
 E. D. Wheeler Wa Keene\- Populist, 
 
192 LETTERS TO GOVERNOR LE WE /LING. 
 
 INSPECTOR OF GRAIN. 
 Samuel P. Jones Anthonj- Populist. 
 
 ADJUTANT-GENERAL. 
 
 H. H. Artz Garden City Populist. 
 
 A. J. Davis, Assistant Stockton Populist. 
 
 BOARD OF RAILROAD COMMISSIONERS. 
 
 John Hall Erie Democrat. 
 
 W. D. Vincent Clay Center Populist. 
 
 P. B. Maxson Emporia Populist. 
 
 BOARD OF PUBLIC WORKS. 
 
 S. M. Scott 'McPherson Populist. 
 
 William Wykes Wellington Populist. 
 
 R. B. Kepley Topeka Democrat. 
 
 BOARD OF PARDONS. 
 
 John F. Willits McLouth Populist. 
 
 S. A. Willoughby Hutchinson Populist. 
 
 J. F. McDonald Parsons Populist. 
 
 BANK COMMISSIONER. 
 
 John W. Breidenthal Enterprise Populist. 
 
 Frank Osborn, Assistant. . . . Howard Populist. 
 
 COMMISSIONER OF LABOR STATISTICS. 
 
 J. F. Todd El Dorado Populist. 
 
 A. C. Baker, Assistant Junctiou City Populist. 
 
 WARDEN OF PENITENTIARY. 
 
 S. W. Chase Winfield Populi.st. 
 
 DIRECTORS OF THE PENITENTIARY. 
 
 George Hollenhack Coldwater Populist. 
 
 W. J. Hurd Holton Populist. 
 
 T. H. Butler Great Bend Populist. 
 
 STATE MINE INSPECTOR. 
 
 Amhony C. Gallagher Chicopec Populist. 
 
LETTERS TO GOl'ERXOR LE HELLING. 193 
 
 MANAGERS OF DODGE CITY SOLDIERS' HOME. 
 
 L. Van Vorhis Lawrence Populist. 
 
 Dr. G. Bohrer Chase .' Populist. 
 
 Julius H. Stewart Goodland Populist. 
 
 STATE VETERINARY SURGEON. 
 
 G. C. Pritcliard Topeka Republican, 
 
 POLICE COMMISSIONERS OF KANSAS CITIES. 
 
 LEAVENWORTH. 
 
 Frank O'Douell, President Democrit. 
 
 Robert Leslie, Secretary Populist. 
 
 J. J. Edic ' Populist. 
 
 TOPEKA. 
 
 Allen Sells, President Populist. 
 
 L T. Yount, Secretary- Populist. 
 
 Oscar Krauss Democrat. 
 
 FORT SCOTT. 
 
 T. Cochran, President Populist. 
 
 J. Bamberger, Secretary Democrat. 
 
 J. Bryant Populist, 
 
 WICHITA. 
 
 George M. Dickson, President Democrat. 
 
 J. G. Brown, Secretary Popiilist 
 
 F". A. Davis Democrat. 
 
 ATCHISON. 
 
 \V. W. Cochran, President Democrat. 
 
 J. G. Thayer, Secretary Populist. 
 
 Patrick Langan Populist, 
 
 KANSAS CITY. 
 
 A, W. Cunningham, President Populist. 
 
 William Pray, Secretary Republican. 
 
 George W. Mitchell Democrat. 
 
 COMMISSIONERS OF ELECTIONS. 
 
 For Topeka Frank Herald Populist. 
 
 For Kansas City R. C. Foster Populist. 
 
194 LETTERS TO GOVERNOR LEWELLING. 
 
 DEPARTMENT OF INSURANCE. 
 
 Wm.H.McBride, Superintendent. .Osborne Republican. 
 
 Harry S. Leonard, Assistant Independence . . , .Republican. 
 
 Miss Minnie McBride, Clerk. ... .Osborne Republican. 
 
 OIL INSPECTOR. 
 
 H L. Taylor Wichita Populist. 
 
 FISH COMMISSIONER. 
 
 J. B.Mason .Eureka Republican. 
 
 THE STATE BOARD OF HEALTH. 
 
 G. H. T.Johnson, M.D., President. Atchison 
 
 M. O'Brien, M.D., Secretary Topeka 
 
 D. C. Jones, M.D ' Topeka 
 
 J. Milton Welch, M.D Wichita 
 
 H. D. Hill, M.D Augusta 
 
 iM-ank Swallow, ]\I.D Valley Falls 
 
 J. W.Jennev, M.D Salina 
 
 R. C Musgrave, M.D Grenola 
 
 Andrew vSabine, INI.D Garden Citv 
 
 R. A. Williams, M.D Olathe 
 
LETTERS rO GOVERNOR LEWELLING. 195 
 
 kansAvS exhibit 
 WORLD'S COLUMBIAN EXPOSITION, 
 
 Opens May 1, 1,S98. 
 OLD BOARD OF MANAGERS. 
 
 A. W. Smith Presideut 
 
 A. S. Johnson Vice-President 
 
 Samuel T. Howe Treasurer 
 
 W. H. Smith Secretary 
 
 A. W. Smith At Large 
 
 Fred Wellhouse At Large 
 
 W. A. Harris First District 
 
 R. W. Sparr Second District 
 
 E. H. Brown Third District 
 
 A. S. Johnson Fourth District 
 
 W. H. Smith Fifth District 
 
 Wm. Simpson Sixth District 
 
 O. B. Hildreth Seventh District 
 
 Mrs. Lewis Hanback 
 
 Mrs. R. B. Mitchell 
 
 WORLD'S FAIR COMMISSIONERS. 
 
 New appointments by Gov. Lewelliug to supersede the old Board. 
 
 1st District. . .George \V. Glick. . .Atchison Democrat. 
 
 2d District. . .H. H. Kern Bonner Springs. .Democrat. 
 
 3d District. . .L. P. King Winfield , Populist. 
 
 4th District.. .T. J. Anderson Topeka Repulilican. 
 
 5th District. . . A. P. Collins Salina Prohibition, 
 
 6th District. .Mrs. A. M. Clark. . .Jewell Populist. 
 
 7th District... M. W. Cobun Great Bend Populist. 
 
196 
 
 LETTERS TO GOVERNOR LE WE LUNG. 
 
 STATE HISTORICAL SOCIETY. 
 
 OFFICERS FOR J 898. 
 
 P. G. Lowe, Iveavenworth Presideii*^ 
 
 Levi Dunibauld, Lyon County Vice-President 
 
 V. J. Lane, Wyandotte Vice-President 
 
 T. D. Thacher, Topeka Treasurer 
 
 F. G. Adams, Topeka Secretary 
 
 DIRECTORS. 
 
 Members of the Board of Directors for the year ending Jan- 
 uary 16, 1894 : 
 
 McBride, \Vm. H Osborne 
 
 Mclntire, T Arkansas City 
 
 Osborn, Thos. A Topeka 
 
 Phillips, \Vm. A Saliua 
 
 Riddle, A. P Minneapolis 
 
 Robinson, Chas Lawrence 
 
 Russell, Edward Lawrence 
 
 Speer, John Sherlock 
 
 Stewart, Samuel J . . . Humboldt 
 
 Ware, E. F Fort Scott 
 
 Collins, J. S Topeka 
 
 Weightman, M Topeka 
 
 Wheeler, S. C Concordia 
 
 Whittington, A. N Lincoln 
 
 Wilder, D. W Hiawatha 
 
 Wood, Mrs. M. L Woodsdale 
 
 Anthony, D. R. . . .Leavenworth 
 
 Eckert, J". W Arkansas City 
 
 Baker. F. P Topeka 
 
 Berry, Ed. A Waterville 
 
 Brown, A. Z Guilford 
 
 Cobun, M. W Hoisington 
 
 Dotv, W Oketo 
 
 Elder, P. P Ottawa 
 
 Eskridge, C. V Emporia 
 
 Glick, Geo. W Atchison 
 
 Goodnow, I. T Manhattan 
 
 Greene, A. R Lecompton 
 
 Humphrey, L. U.. Independence 
 
 Ives, J. N Sterling 
 
 Kingman, S. A Topeka 
 
 Legate, Jas. F . . . . Leavenworth 
 
 Woodworth, C. A. . . .Muscotah 
 Members of the Board of Directors for the year ending Jan- 
 
 uary lo, 189r) : 
 
 Adams, F. G Topeka 
 
 Caldwell, Alex,. . .Leavenworth 
 
 Carroll, Ed Leavenworth 
 
 Dallas, E. J Topeka 
 
 Elliott, L. R Manhattan 
 
 Emerv, J. S Lawrence 
 
 Gleed", Chas. S Topeka 
 
 Guthrie, John Topeka 
 
 Hays, R. R Osborne 
 
 Hoiliday, C. K Topeka 
 
 Hopkins, Scott Horton 
 
 Maloy, John. . . . Council Grove 
 Martin, Geo. W. . . .Kansas City 
 
 Martin, John Topeka 
 
 Mead, J. R Wichita 
 
 Moody, Joel Mound City 
 
 Morrill, E. N Hiawatha 
 
 Peck, Geo. R Topeka 
 
 Price, John M Atchison 
 
 Reynolds, Adrian Sedan 
 
 Simpson, B. I'" Topeka 
 
 Sims, William Topeka 
 
LETTERS TO GOVERNOR LEWELLIXG. 
 
 197 
 
 Horton, Albert H Topeka 
 
 Humphrey, J Junction City 
 
 Johnson, J. B Topeka 
 
 Lane, V. J Wyandotte 
 
 Lowe, P. G Leavenworth 
 
 Smith, W. H Marysvilie 
 
 Stotler, Jacob Wellington 
 
 Swensson, C. A. . . .McPherson 
 
 Thacher , T. D Topeka 
 
 Wellhouse, Fred.. Leavenworth 
 
 Wright, J. K Junction City 
 
 For the term of three j-ears ending January 21, 1896 : 
 
 Abbott, James B De Soto 
 
 Baker, Lucien. . . .Leavenworth 
 
 Brown, W. L Kingman 
 
 Chapman, J. B Topeka 
 
 Cowgill, E. B Topeka 
 
 Davis, C. S-. .Junction City 
 
 Diggs, Mrs. A. L Lawrence 
 
 Dumbauld, Levi Hartford 
 
 Forney, A. G Belle Plaine 
 
 Foster, Warren . . . .Hutchinson 
 
 Gaines, H.N Salina 
 
 Hagaman, J. M Concordia 
 
 Hebbard, J. C Topeka 
 
 Hoch, E. W Marion 
 
 Hudson, J. K Topeka 
 
 Hunt, McCown. . .Leavenworth 
 
 Johns, Mrs. Laura M . . . .Salina 
 
 Lewelling, L. D Wichita 
 
 Little, J. T Olathe 
 
 McLallin, Dr. S Topeka 
 
 McVicar, Peter Topeka 
 
 Maxson, P. B Emporia 
 
 Miller, Sol Troy 
 
 Murdock, M. M Wichita 
 
 Prentis, N. L Kansas City 
 
 Remington, J. B. . .Osawatomie 
 
 Rogers, William Barnes 
 
 Scott, Charles F Tola 
 
 Semple, Robert H Ottawa 
 
 Stewart, A. A Manhattan 
 
 Thacher, S. O Lawrence 
 
 Wakefield, W. H. T. . .Lawrence 
 
 Whiting, A. B Topeka 
 
 The State Historical Society was organized December 17, 1876. 
 
198 LETTERS TO GOVERNOR LEWELLING. 
 
 STATE BOARD OF AGRICULTURE, 
 
 OFFICERS. 
 
 President A. W. Smith McPher&on 
 
 Vice-President E. Harrington Baker 
 
 Secretary M. Mohler Topeka 
 
 Treasurer Samuel T. Howe Topeka 
 
 MEMBERS. 
 
 L. D. Lewelling, Governor, ") p-^ „a:^;^ t^^^i 
 
 R. S. Osborn, Secretary of State, J ^"^ ^-^"^ ^^P^^* 
 
 Joshua Wheeler Nortonville 
 
 T. M. Potter Peabodv 
 
 J. L. Finley Dodge City 
 
 I. L, Diesem Garden City 
 
 A. C. Shinn Ottawa 
 
 Geo. W. Glick Atchison 
 
 R. T. Stokes Garnett 
 
 Thomas A. Hubbard Wellington 
 
 B. F. Campbell Saint Francis 
 
 W, B. Sutton Russell 
 
 OFFICERS BY APPOINTMENT. 
 
 ^ , . r Prof. Chas. S. Prosser Topeka 
 
 ideologists I Pj.^^ Robert Hay Junction City 
 
 T^ , 1 ., f Prof. F. H. Snow Lawrence 
 
 Entomologists | p^^^ ^ ^ Popenoe Manhattan 
 
 Meteorologist Prof. J. T. Lovewell Topeka 
 
 Assist. Meteorologist.. Sergt. T. B. Jennings Topeka 
 
 (Prof J. H. Carruth Lawreflce 
 Prof. L. E. Sayre Lawrence 
 Prof A. S. Hitchcock Manhattan 
 
 pv,„,„; . ( Prof G. H, Failver Manhattan 
 
 ^" I Prof. E. H. S. Bailey Lawrence 
 
LETTERS TO GOVERNOR LE WELLING. 
 
 199 
 
 STATE HORTICULTURAL SOCIETY. 
 
 OFFICERS AND DIRECTORS FOR 189;:i. 
 
 Office. Nam,. Post-office. 
 
 President L. Houk Hutchinson 
 
 Vice-President Martin Allen Hays City 
 
 Secretary G. C. Brackett Lawrence 
 
 Treasurer Frank Holsinger Rosedale 
 
 Director L. Houk Hutchinson 
 
 Director Martin Allen Hays City 
 
 Director G. C. Brackett Lawrence 
 
 Director Frank Holsinger Rosedale 
 
 Director E. J. Holnian, Northern Dist. .Leavenworth 
 
 Director Samuel Reynolds, Middle Dist. .Lawrence 
 
 Director Geo. W. Bailey, Southern Dist . , Welliugtou 
 
200 LETTERS TO GOl'ERNOR LEWELLING. 
 
 THE KANSAS REPUBLICAN LEAGUE. 
 
 General J. S. Clarkson is president of the National Repub- 
 lican League, and A. B. Humphrey is the secretary, and has his 
 office at 202 Fifth Avenue, New York City. This organization 
 has established State Republican Leagues in nearly every State 
 in the Union. 
 
 The Kansas Republican League was organized at Topeka in 
 March, 1888, by a convention composed of 800 delegates. One of 
 its fundamental principles is that it shall take no part in nom- 
 inating or recommending any person for office. 
 
 The first officers were J. G. Slonecker, president ; S. M. Lan- 
 ham, secretary; and R. M. Crane, treasurer. They were all 
 re-elected for a second term. 
 
 During the third year, J. INL Miller was president, Arthur 
 Capper secretary, and J. G. Slonecker treasurer. The fourth year 
 W. J. Bailey was president, J. Ware Butterfield secretary, and J. L. 
 Bristow treasurer; the fifth year Ed. C. Little was elected presi- 
 dent, and Mr. Butterfield and Mr. Bristow were re-elected. 
 
 The sixth annual convention of the League was held in 
 Topeka March 10, 1893, and the following officers were unan- 
 imously elected: Hon. E. W. Hoch, of Marion, president; Chas. 
 M. Sheldon, of Burlingame, secretary. 
 
 The Kansas State League is represented in the National 
 League by a vice-president and a member of the National Com- 
 mittee. The State League has an Executive Committee of two 
 ir embers from each congressional district. Each Republican 
 Club is entitled to be represented in its State conventions by its 
 president and four delegates. 
 
LETTERS TO GOVERNOR LEWELLING. 201 
 
 KANSAS AND HER RESOURCES. 
 
 Kansas is 400 miles long, east and west, and 200 miles wid«, 
 north and soiith ; containing 80,000 square miles. 
 
 CHURCHES. 
 
 i860. 1890. 
 
 Number of buildings 97 3,000 
 
 Value of buildings S;50,000 |e,600,000 
 
 SCHOOL-HOUSES. 
 
 i860. 1890. 
 
 Number 154 ^ 9,000 
 
 Teachers, number of 189 12,500 
 
 Pupils, number of 5,915 400,000 
 
 Value of school property 550,000 $10,250,000 
 
 Teachers' wages, amount of 17,000 3,000,000 
 
 Annual expenseof maintaining schools, #5,000,000. Increa eiu 
 
 school enrollment, 68 per cent. Amount spent for school pur- 
 poses in thirty years, $40,000,000. 
 
 NEWSPAPERS. 
 
 i860. 1S90. 
 
 Number of weeklies 27 850 
 
 Number of dailies 3 25 
 
 Circulation (1 newspaper to every 2 
 
 inhabitants) 21,000 700,000 
 
 Capital invested $3,000,000 
 
 Number of employees 2,000 
 
 FARMS AND PRODUCTS. 
 
 i860. 1890. 
 
 Value of farms $12,258,239 $600,000,000 
 
 Value of farm crops 1 ,545,900 40,000,000 
 
 Value of horses, mules, cattle, and other 
 
 livestock 3,332,450 113,533,000 
 
 Number of acres under cultivation . . . 405,468 17,000,000 
 
 MANUFACTURING. 
 
 i860. 1890. 
 
 Number of establishments 344 1,450 
 
 Capital invested $1,048,935 $39,265,416 
 
 Value of product 4,357,408 78,123,882 
 
 Amount paid in wages 880,346 9,274,134 
 
 Number of employees 1,735 12,062 
 
202 LETTERS TO CO]'ER\'OR LE WELLING. 
 
 RAILROACS. 
 
 1875. 1890. 
 
 Mileage (1870) 1,501 8,218 
 
 Value of property $1,277,931 150,865,825 
 
 Amount of taxes paid 1,739,352 
 
 Number of employees 25,000 
 
 There are 106 counties in the State — 100 having railroad. 
 
 COAL. 
 
 i860. 1891. 
 
 Number of mines None. 3,000 
 
 Value of output None. $3,500,000 
 
 Number of employees ' None. 5,000 
 
 Amount paid in wages None. $2,250,000 
 
 LEAD AND ZINC. 
 
 i860. 1891. 
 
 Value of output None. $1,000,000 
 
 Number of employees None. 1,000 
 
 Smelters, number of None. 18 
 
 Value of product (Argentine not in- 
 cluded) ' None. $2,000,000 
 
 Number of employees None. 1,000 
 
 Kansas produced one-fourth of all the zinc output of the 
 United States. 
 
 PROPERTV. 
 
 1880. 1890. 
 
 Assessed value $100,891 ,689 $ 348,459,944 
 
 Real value (Census Bulletin No. 14) . . . 760,000,000 1,646,000,000 
 
 Per cent of increase of assessed value in ten years: 
 
 Kansas 116 
 
 New Hampshire 58 
 
 Vermont 97 
 
 Massachusetts 35 
 
 Maine 31 
 
 Rhode Island 27 
 
 Connecticut 9 
 
 State Debt per capita, 18S0, $1.02; 1890, 0.78; Missouri, 1890, 
 $4.39; North Carolina, $4.76; Virginia, $18.76. 
 
 Paupers in United States, 1,166 to the million inhabitants; 
 in Kansas, 416 to the million. 
 
 Convicts I" Penitentiary in United States, 722 to the 
 million population; in Kansas (1890), 643. In Kansas (1880), 690; 
 relative decrease in ten years in Kansas of 47 to the million. 
 
LETTERS TO GOVERISOR LEWELLING. 203 
 
 FROM THE REPORT OF THE SECRETARY OF 
 
 THE STATE BOARD OF AGRICULTURE. 
 
 The following iuformation is from the forthcoming biennial 
 report of the Secretary of the State Board of Agriculture for the 
 two years 1891 and 1S92: 
 
 The population of Kansas for 1890, as published in the sev- 
 enth biennial report, is that furnished by the Government Census 
 Department, and by it is placed at 1,423,485. This represents 
 the population for our State June i, 1890. The population, as 
 shown by assessors' returns for 1891, is 1,338,811, a loss as 
 reported of 84,674, or nearly 6 per cent. This loss is easily 
 accounted for. The year 1890 was a most disastrous crop year, 
 and, commencing with 1887, it was the last of a series of bad crop 
 years, the parallel of which has not been known in Kansas. 
 Coming as it did immediately^ after the "boom" collapsed, when 
 farmers were already overburdened by financial obligations 
 assumed during the "boom " period, a crisis followed, and the 
 result was an exodus of a considerable portion of the farm as 
 well as the city population. The reactionary movement, however, 
 which set in after the ' boom " collapsed, and the crop failures 
 following, reached its lowest point in the spring of 1891. 
 
 The population, as shown by assessors' returns March i, 1892, 
 is 1,347,42s, an increase — small, to be sure, but an increase— over 
 that of the preceding year of 8,617, showing that our people are 
 returning or others are taking their places. 
 
 The growth of the State, however, in the expansion of her 
 cultivated area and in the aggregate amount and value of her 
 farm products, notwithstanding the loss in population, has been 
 steadily moving forward. 
 
 In 1SS8, when the population of the State was the highest in 
 her history, the area under cultivation as returned by assessors 
 was 15.577,088 acres. This area was also higher than any previ- 
 ously reported by over 1,000,000 acres. 
 
 In 1890 the area as returned devoted to field crops was 15,929,- 
 654 acres. In 1891 this area grew to 17,518,090 acres, and in 1892 
 
204 LETTERS TO GOVERNOR LEW EI. LING. 
 
 by assessors' returns it is shown to be 1.8,360,240 acres, anincrease 
 in two 3'ears of 2,430,586, or over 15 per cent, the largest increase 
 in cultivated acres ever made in the State in the same length of 
 time. This largely increased area under cultivation is chiefly 
 due to the rapid expansion of the wheat area of the State. 
 
 In 18S8 the wheat area (winter and spring) was 1,120,119 acres "> 
 in 1S89 it was 1,594,285 acres; in 1890, 2,321,113 acres; in 1891, 
 3,733,gio acres; and in 1892 it was increased, as shown by assess- 
 ors' returns, to 4,129,829 acres, showing an increase in wheat area 
 alone in four years of 3,000,710 acres. 
 
 This increase has been made chiefly in the central and west- 
 ern belts of the State. In like manner there has been a steady 
 and corresponding increase in the aggregate value of farm prod- 
 ucts in the State. 
 
 For the biennial period of 1885 and 1886 this value was 
 $268,276,569; for 1887 and 1888, $275,241,264; for 1889 and 1890,- 
 $283,738,870; and for 1891 and 1892, $334,460,327, 
 
LETTERS TO GOVERNOR LEWELLING, 205 
 
 NATIONAL REPUBLICAN COMMITTEE. 
 
 Mkmber for Kansas. 
 Cyrus Leland Troy, i:)oniphan County 
 
 THE REPUBLICAN STATE CENTRAL 
 COMMITTEE. 
 
 A List of the Members and a Sketch of the Work 
 Done by the Committee. 
 
 The Republican State Central Committee elected at the Re- 
 publican State Convention held at Topeka in June 1892, consists 
 of one member from each judicial district, as follows: 
 Dist. Name. Address. 
 
 1st H. C. F. Hackbusch Leavenworth 
 
 2d Frank G. Crowell Atchison 
 
 3d E. B. Whaley Topeka 
 
 4th Frank L. Brown Garnett 
 
 5th T. C. Biddle Emporia 
 
 6th John H. Madden Mound City 
 
 7th I. N. Hollaway Yates Center 
 
 8th J. 3M. Miller Council Grove 
 
 9th J. I). Vincent Hutchinson 
 
 loth DaAdd Hubbard Olathe 
 
 nth Charles Yoe Independence 
 
 12th D. M. Stackhouse Concordia 
 
 13th F. G. Powers New Salem 
 
 14th C. B. Daughters Lincoln 
 
 r.sth S. H. Dodge Beloit 
 
 1 6th F. W. Edmunds Kinsley 
 
 1 7th C. E. Chandler Oberlin 
 
 1 8th M. W. Lew Wichita 
 
 19th O. O, Morse Wellington 
 
 20th J. W. I<ane Little River 
 
 2 1 st F. B. Dawes Clay Center 
 
 22d Phil. Kellev While Cloud 
 
 23d C. W. Bickie Russell Springs 
 
 24th Geo. W. Finch Harper 
 
206 LETTERS TO GOVERNOR LEWELLING. 
 
 Dint. Name. Address. 
 
 25th J. M. Simpson McPherson 
 
 26th Daniel Boj'den El Dorado 
 
 27th J. Q. Slioup Cimarron 
 
 2Sth Morton Albaugh Kingman 
 
 29th G. L. Coates Kansas City 
 
 30th T. L. Bond Salina 
 
 3Tst C. B. Kern Coldwater 
 
 32d Henry Henson Johnson City 
 
 33d L,. M.'Riley Tribune 
 
 34th R. F. Burke Plainville 
 
 35tli L. E. Finch Burlingame 
 
 July 14, 1892, a meeting of the committee was held at the 
 Copeland Hotel in Topeka, all of the candidates ou the State 
 ticket being present, J. M. Simpson, of McPherson, was elected 
 chairman of the committee; Frank L. Brown, of Garnett, secretary; 
 L. S. Sears, of Topeka, assistant secretary ; John R. Mulvane, of 
 Topeka, treasurer. 
 
 An Executive Committee, consisting of thirteen members of 
 the State Committee, was also elected, of which committee J. M. 
 Simpson was made chairman and Frank. L. Brown secretary. 
 The members of the Executive Committee were J. M. Simpson, 
 Frank L. Brown, Frank G. Crowell, E. B. Whaley, T. C. Biddle, 
 John H. Madden, J. M. Miller, Charles Yoe, C. B. Daughters, M. 
 W. Levy, G. L. Coates, F. W. Edmonds, and T. L. Bond. 
 
 The committee discussed the political situation, and it was the 
 unanimous opinion that if a close fusion coiild be made between 
 the People's party and the Democratic party, it would require a 
 great effort on the part of the Republicans throughout the State, 
 and especially by this committee, to elect any part of the Repub- 
 lican ticket. The chairman of the committee was thoroughly 
 convinced that the hardest political battle ever fought in Kansas 
 was upon us, and himself, the secretary, and assistant secretarv 
 on the 15th day of July began the preparatory work of the 
 campaign. It was apparent that a closer organization and more 
 systematic effort would be necessary on the part of the Republi- 
 cans in this campaign than heretofore. Accordingly a plan was 
 adopted, which briefly is as follows : Each member of the State 
 Committee was the organizer of his judicial district. It was his 
 duty to visit each county in his district, get the leading Republi- 
 cans together, select a county organizer, and report his name 
 and address immediately' to the secretary of the State Com- 
 mittee. It was the duty of the county organizer to visit each 
 voting precinct in his county after consulting with the leading 
 
LETTERS TO GOVERNOR LEWELLTNC. 207 
 
 Republicans, select a precinct organizer, and forward his name 
 and address to the State Committee. The precinct organizer was 
 instructed to subdivide his precinct into geographical siibdivis- 
 ions containing not more than twenty voters, appoint for each 
 subdivision a subprecinct organizer, and report his name and 
 address to the State Committee. 
 
 On the 2oth day of July headquarters were opened at 905 
 Kansas Avenue, and have been kept constantly open from that 
 date until the present time, the chairman and secretar}- of the 
 committee having remained in Topeka and at the headquarters 
 constantlj'. 
 
 Suitable blanks and letters of instruction were prepared and 
 sent out to the district organizers, and the organization began at 
 once. No record of the voting precincts of the State were to be 
 found with any of the State officers, and this could only be 
 obtained from the county-seats in each county, which required a 
 good deal of correspondence and delay. When the names of all 
 the voting precincts were received, it was learned that there were 
 2,099 ill the State. This was done in order that when the 
 county organizer reported the names of his precinct organizers, 
 the State Committee would be advised whether or not every pre- 
 cinct in his count}- had an organizer by checking the names sent 
 in by him with the lists of precincts. As soon as the name of 
 each organizer was received, he was written a personal letter by 
 the committee, with full instructions; so also was each pre- 
 cinct organizer and subprecinct organizer. There were 35 dis- 
 trict organizers, 106 county organizers, 2,099 precinct organizers, 
 and over 16,000 subprecinct organizers. The writing and sign- 
 ing of a personal letter to each one of these was of itself a heavy 
 task. It may be stated here that no circular letters were sent out 
 by the Repiiblican State Committee during the campaign; all tke 
 letters were typewritten and signed. 
 
 As soon as the name of a precmct organizer was received, 
 blanks were sent, with full instructions for the polling of his 
 precinct. Three copies of the poll w-ere made; one sent to the 
 county organizer, one retained by the precinct organizer, and the 
 other sent direct to the secretary of the State Committee. Dur- 
 ing the whole campaign the State Committee was in constant 
 communication with at least one person in every voting precinct, 
 and in a great many instances with a number of the subprecinct 
 organizers in a precinct. The poll sheets gave the name and 
 
208 LETTERS TO GOVERNOR LE WE LUNG. 
 
 address of each voter, his present jjolitical preference ; aud if he 
 intended voting the Populist ticket, what party he had previousl)' 
 belonged to, his color, nationality, and whether or not he was an 
 old soldier. The first poll of the State was completed about 
 September 20th, and showed some 295,000 voters. This poll, 
 giving the opposition all the doubtful, gave the Republicans 
 1,008 majorit}' ; but the poll was conceded to be short some 30,000 
 votes. The second poll was completed October 20th, and showed 
 the following footing: 
 
 Candidates. Votes. 
 
 Smith for Governor 159,525 
 
 Levelling for Governor 141,290 
 
 Pickering for Governor 5,260 
 
 Total 306,075 
 
 This left a Republican plurality of 18,235 votes. It was be- 
 lieved by the committee that the poll still was short from 15,000 
 to 20,000 votes, but it was also the belief that every vote in the 
 State could not and would not be polled. 
 
 From a thorough analysis of the election returns, the discrep- 
 ancy between the returns and the poll is largely in the stronger 
 Populist counties, where the election machinery was entirely 
 under the control of the Populist party. Some three weeks prior 
 to the election certain communications from Populists fell into 
 the hands of this committee, indicating an organized effort to run 
 voters from the Indian Territory into the border counties of this 
 State for the purpose of voting the People's party ticket. This 
 committee used every effort to thwart this scheme, but, as the 
 election machinery in many of the precincts of those counties 
 was entirely in the hands of the opposition, the committee wag 
 not successful in accomplishing this purpose. 
 
 The campaign was formally opened on the 21st day of Sep- 
 tember, by holding a large rally, addressed by prominent speak- 
 ers, in each congressional district. From that date until Novem- 
 ber 8th over 1,200 speeches were made by speakers under the 
 direction of this committee. The routing of these speakers and 
 placing them where it was thought they would do the most good 
 was a heavy task. 
 
 Every possible effort was made to secure Major McKinley ajul 
 other speakers of national reputation who were under the control 
 of the National Committee. Very few of these speakers were 
 obtained, ami the numhcr did not include Major IMcKinley. 
 
LETTERS TO GOl'ERNOR I. EWE LUNG. 209 
 
 Appeals of every kind and desci"iption, and e\try po.ssil)le in- 
 fluence known to the committee, were brought to bear on t4ie 
 National Committee for financial aid and for literature. AVe suc- 
 ceeded in obtaining tons of literature late in the campaign. The 
 committee secured the organization of the Republican news- 
 papers of the State, through which organization the concerns 
 that prepared the ready-print for country newspapers were in- 
 duced to insert each week several columns of political matter 
 bearing upon the campaign in Kansas. Nearly 250,000 packages 
 of literature in German, Swedish, Italian, French, and Englis-h, 
 besides a great many newspapers, were prepared and mailed by 
 the committee, and nearly 1,000 express packages were also sent 
 out. The committee wrote and mailed nearly 50,000 letters dur- 
 ing the campaign; not circulars, but personal typewritten letters. 
 Seven stenographers were employed all the time, and others 
 when needed, and about twenty clerks. The funds of the cam- 
 paign were obtained entirely from contribiitions of Republicans 
 in this and other States, and from no other source, all rumors to, 
 the contrary notwithstanding. Chairman Simpson had general 
 supervision and direction of the campaign, and gave such atten- 
 tion as was possible to every branch of the committee's work- 
 Secretary Brown had immediate charge of the organization of the 
 State, distribution of the literature, and of the finances of the 
 cojumittee. Assistant Secretary Sears assisted th.e chairman 
 with, the general correspondence and Speakers' Bureau. 
 
 As soon as the election returns were in, the opposition began 
 to claim that they would organize the lower branch of the Legis- 
 lature, and upon their schemes to accomplish this design, al- 
 though knowing they had elected but 58 members of the 125, 
 might be written a large volume. Although without funds and 
 several hundred dollars in debt, the banner of the Republican 
 State Central Committee still stands where it did during the 
 campaign, the headquarters have been constantly open, the efforts 
 of the opposition to thwart the will of the people have been 
 watched, and, as far as possible, check-mated. The Republican 
 State Central Committee is the only committee in the State 
 which has retained headquarters since election day. The chair- 
 man and secretary have been constantly on the ground, and will 
 remain there so long as evil-designing persons shall attempt to 
 accomplish by revolution what they failed to accomplish at the 
 
 ballot-box. 
 
 -14— 
 
210 LETTERS TO GOVERNOR LE WELLING. 
 
 In this couuectiuu it is appropriate to say that the thauks of 
 the Republicans of Kansas are due to the chairman of this com- 
 mittee, Hon. J. M. Simpson, for his long and arduous labors to 
 secure Republican success. He has given most unselfishly his 
 entire time, energy, and ability. To his sleepless vigilance in the 
 discharge of his duties is largely due the great gain the party 
 made in 1892 in the face of fusion. 
 
 THE HASKELL COUNTY CASE. 
 
 vSTUBBS ]'S. ROSENTHAL. 
 
 Tli£ Supreme Court decided the Haskell County case of Stubbs 
 vs. Rosenthal on the face of the returns as certified to by the 
 county clerk to the State board of canvassers. The case was 
 decided against Mr. Rosenthal upon technical legal grounds. 
 The common understanding of the court, as well as of all well- 
 informed persons, was that Mr. Stubbs wovild not take the seat 
 thus given him under the ruling of the Court. While Mr- 
 Stubbs was present at the opening of the se'^sion, he took no 
 part in the caucuses, refused to be sworn in as a member, and in 
 no way made a claim to membership. The first motion enter- 
 tained by Speaker Douglass was made by Mr. Cubbison, of 
 Wyandotte County, .as follows : 
 
 Whereas. A. W. Stubbs refuses to accept the seat in this House under 
 liis c rtificate of election, I move j-ou that Mr. Rosenthal be declared entitled 
 to a seat in this body. 
 
 This was carried, and Mr. Rosenthal took his seat. At no 
 time was there any attempt on the part of Mr. Stubbs, or any 
 other Republican, to deprive ]\Ir Rosenthal of his seat. The 
 conduct of Mr. Stubbs in the matter was beyond criticism. 
 
LETTERS TO GOVERNOR LE WELLING. 211 
 
 SENTIMENT OF THE PRESS OUTSIDE 
 OF KANSAS. 
 
 TOPEKA'S HUMILIATION. 
 From the Chicago i\e;i.'s- Record Independent). 
 
 If the Topeka Solons have now heard all that has been said 
 about them in the rest of the world, they may retire and find 
 secluded nooks in which to blush. 
 
 WHAT VIRTUES HAS HE, ANYHOW? 
 
 From the Chicago Tribune (Republican). 
 
 Gov. Lewelling of Kansas may have some abilitj' in certain 
 directions, but he is not a man of clear head, sound judgment, or 
 quick perception. He would never make a good base-ball 
 umpire. 
 
 r BETTER LATE THAN NEVER. 
 
 From the New York Mail and Express Republican'. 
 
 The Kansas Republicans had the right of the fight, and have 
 won. If they had been more aggressive at the opening, perhaps 
 Martin would not now be in Washington claiming a seat as 
 senator, 
 
 A DISGRACE TO KANSAS. 
 
 From the Pr vidence (R. I.) BuUtltn. 
 
 The legislative row at Topeka is a disgrace to the State .pi 
 Kansas and to the country at large. Setting aside the equities 
 of the case, the riotous proceedings this week have been wholly 
 uncalled for and will have only a bad influence abroad in dis- 
 countenancing republican institutions and the ability of the 
 American people to govern themselves decently and in order. 
 
 THE "POPS" EXPOSE THEIR CHARACTER. 
 
 From the lirooklyu Standard- Union (Republican). 
 
 While the courts are considering the case which is to be 
 brought before them, the people of Kansas will have time to re- 
 flect upon the wisdom of sending law-breakers to Topeka and ex- 
 pecting them to enact just laws for the government of the people. 
 The events at the State-House during the last few days will not 
 increase State pride among patriotic Kansans, but they will have 
 served a good purpose if thereby the eyes of the people are 
 opened to the true character of the revolutionary Populists, 
 
212 LETTERS TO GOVERNOR LE WELLING. 
 
 A SOVEREIGN RULER. 
 From the New York Advertiser (Republican] . 
 
 The Populist Governor of Kansas seeins to be a man of large 
 functions. He has uuderLakeu, it appears, to decide who are the 
 properly qualified members of the Legislature in his State, and 
 is ready, as the sovereign ruler of a sovereign State, to enforce 
 his decision by the use of the State militia. There are a great 
 many quite valuable and iiseftil things to know which Governor 
 Lewelling seems to be in a fair way to learn at an early day. 
 
 IT IS NOT THE AMERICAN WAY. 
 Iroin the New York World. 
 
 In view of these facts, it is not likely that the Populist Senate 
 will be able to precipitate any war in Kansas, except a war of 
 words. Meantime sensible men throughout the country regard 
 the whole performance with profound disgust. This Populist 
 House has never even pretended that it was composed of a major- 
 ity of the men elected. A minority simply seized the hall, seated 
 nearly a dozen oi;tsiders who had no kind of credentials, and 
 proceeded to organize and legislate. That may be the Kansas 
 way, but it is not the American way of making laws, and public 
 opinion will not tolerate it. 
 
 WHERE THE BLAME RESTS. 
 
 From the New York Post 
 
 The blame for the scandal belongs to the Populists, who 
 have for weeks been trying to usurp power which did not 
 belong to them, and who have refused all appeals of the Republi- 
 cans to submit the controversy to the courts. The only hope for 
 the State is that the people will make their disgust so manifest 
 that the anarchists — for that is what the Populists have become — 
 will be frightened into a back-down. 
 
 YES, EVEN KANSAS WILL COME TO HER SENSES. 
 
 From the Des Moiues Register. 
 
 But even Kansas will come to her senses \>y and by, and whec 
 her people are once more sober, what disaster. State-wide disas- 
 ter, they will behold ! Now they are drunk with political schemes 
 and social dreams ; when they are sober they will be like the man 
 who came home drunk in the night, smashed up all the furniture, 
 and in the morning found himself among the wrecks of what the 
 day before was a home. 
 
 CARRIED MATTERS WITH A HIGH HAND. 
 
 From the SpriugSeld (Mass.) Republican . 
 
 They have carried matters with a high hand and have resisted 
 every attempt to have the merits of the controversy passed upon 
 by established tribunals, and their discomfiture is deserved. But 
 
LETTERS TO COJERKOR LF]VELLTXG. 213 
 
 it does uot leave the situation any clearer. As matters stand, the 
 militia are in rebellion against tlieir lawful commander, the com- 
 mander himself and his allies are in revolt against law and order, 
 and the Legislatvire is still divided into two hostile and inde- 
 pendent bodies. The whole business is a disgrace, not only to 
 Kansas, but to the nation. 
 
 YES, THKY WILL BE OBLIGED TO DO SO. 
 
 From the Rochester (N. Y.) Post-Express. 
 
 The difficulty originated in the refusal of the Populists of 
 Kansas to respect the decisions of the courts. They will be 
 obliged now to do so, for the danger of an armed conflict has 
 passed away. 
 
 Of course, they claim that the courts are partisan and cannot 
 be trusted. But this plea is not a good one in this country. If 
 the decision of the courts is not to be accepted peaceably, all the 
 safeguards of society disappear. Politicians who are l)eaten in 
 the courts may appeal to public opinion, but they must let mus- 
 kets and shot-guns and cannon severely alone. 
 
 WILL BE THE TERROR OF THE VENAL VAMPIRES. 
 
 From the Nebraska State Journal. 
 
 The Governor of Kansas is developing quite ambitious mili- 
 tary plans for the subjugation of that warlike State. He is 
 going to purge the " melish" of all Republicans and enlarge it to 
 a host of 30,000 "Pops" who can be relied on to tight till the last 
 armed foe expires, and give a better account of themselves than 
 they did during the late unpleasantness in Topeka. 
 
 The Journal wishes the Governor success in his militant 
 undertaking. Kansas needs a standing army sufficient to over- 
 awe the w-orld, and when 30,000 "Pops" getinto line, the fierce and 
 bold aspect of the "Sunflower State" will be the terror of the venal 
 vampires of the universe. 
 
 THE KANSAS ANARCHISTS. 
 From the Brooklyn Daily Times . 
 
 The latest dispatches from Kansas do not seem to encourage 
 the belief that all the trouble arising out of the recent election 
 is over. The courts have decided that the Republcan House of 
 Representatives is the only legal House, but it is said that the 
 Governor and his Populist advisers propose to defy the mandate 
 of the courts and to continue to ignore the existence of the 
 so-called Douglass House. As the matter stands, under the 
 decision of the courts, all the laws that have been passed and all 
 the appropriations that have have been made are illegal, and to 
 give them standing and validity it would be necessary to begin 
 at the beginning again and submit all the legislation that has 
 already received the Governor's .sanction to the scrutiny of the 
 legal House. There seems little prospect of such a result, and 
 
214 LETTERS TO GOVERXOR LEWELLTNG. 
 
 in cousequeuce a flood of legal coniplicatious threatens the 
 unfortunate State to puni<h it lor its folly in giving the control 
 of the government into the hands of rampant anarchists. 
 
 THE SITUATION IN KANSAS. 
 From the New York Herald. 
 
 Now that the Supreme Court of Kansas has declared that the 
 Republican House at Topeka is a constitutional and the Populist 
 an unconstitutional body, the Populists, if they respect law and 
 order, have nothing to do but to bow to the decision. 
 
 As the interpreter of the Constitution, it was not onlj^ the 
 right but the duty of the court, when called upon, to determine 
 which of the two bodies claiming to be the House had been 
 organized in accordance with the laws and the Constitution. P'rom 
 its decision now rendered there is na appeal, except to the people 
 at the next election. To defy or disregard the judgment, as 
 some of the fiery Populists recklessly proposed, would be simply 
 revolutionary. 
 
 PEACE IN KANSAS. 
 From the Chicago News-Recoi d. 
 
 There is peace once more in Kansas. The Populists have 
 decided to give up the attempt to form a House by themselves, and 
 will accept a minority representation in the House dominated by 
 the Republicans. 
 
 And so the long, lunchless, bedless vigils in the Capitol build- 
 ing have come to a close. The siege is raised. No member need 
 hesitate to leave his seat at night ior fear that it will not be there 
 next morning or that he will find some hated foeman intrenched 
 therein. 
 
 Thus peace spreads her pinions over the closing scene in 
 about as miserable a farce-comedy as has ever been performed in 
 American politics. The Kansas legislators should now make a 
 gallant effort to assume the virtue of dignity. 
 
 THE KANbAS POPULISTS BEATEN. 
 From the Boston Herald. 
 
 The Populist House in Kansas seems to be done for. The 
 decision of the Supreme Court in the Gunn case settles that 
 question. A witness named Gunn, having been summoned to 
 appear before a committee of the Republican House, refused to 
 appear. He was accordingly arrested for contempt by tin- 
 authority of the Republican Speaker, and held in confinement at 
 Topeka. An application for a writ of habeas corpus was made to 
 the Supreme Court in his behalf, and the court's denial of th s 
 application is equivalent to a judgment tint the Republican 
 House is the lawful body. There is still some doubt as to whether 
 
LETTERS TO COJ'ERAOR LEWELLIXG. 21a 
 
 the Populists will accept this decision as fiual; but the sooner 
 they do so, the sooner they will cease making a spectacle of 
 themselves. They should disperse forthwith. 
 
 THE KANSAS DI-XTSION. 
 From the New York IVorld. 
 
 The judgment of the Supreme Court of Kansas should be 
 accepted by all as conclusive of the disgraceful legislative contro- 
 versy there. The Populists may not relish it, but they must sub- 
 mit or become public enemies. 
 
 The American people believe in law and in abiding by the 
 decisions of courts. Somebody is disappointed in the result 
 of every legal controversy, but under our system the decisions of 
 the highest courts must be held to be binding, and be absolutely 
 obeyed, or anarchy will follow. 
 
 The Kansas Populists have been as defiant of law and of order 
 as if there were no such things. Having got it into their heads 
 that they ought to rule, they have undertaken to do so in spite 
 of the fact that they were defeated in the election. That way 
 anarchy and ruin lie. 
 
 Courts are established to prevent reliance iipon force in any 
 but its legitimate methods of expression. Not only Republican 
 government, but civilization itself, is based upon submission to 
 law as it is declared by the courts. 
 
 An unfortunate result of an election contest may be rectified 
 at the next election, if the defeated party is deserving and patient. 
 The error of insurrection against the fundamental conditions of 
 social order cannot be excused or forgiven. It is a kind of lunacy 
 which forbids future confidence. 
 
 THINKS THERE SHOULD HAVE BEEN BLOODSHED. 
 
 From the Providence (R. I.) Bulletin (Mugwump . 
 
 Of what use is our national guard to be, if as occurred in 
 Kansas, the troops take sides and refuse to obe}' the orders of 
 their commander-in-chief? Such an example of disloyalty as 
 this is fairly cotnparable with that which developed dixring the 
 Pittsburgh railroad riot. It was said at that time, however, that 
 the militia who gave Up to the strikers were disloyal because 
 they were foreigners. Now we have a case of the same sort in a 
 State whose population of several millions includes but few 
 score thousand foreigners. It may be that Gov. Lewelling 
 should first have called on the sheriff of the county to preserve 
 the peace, but it is to the shame of the Kansas troops that when 
 they were ordered to act by their State commander, they forgot 
 their duty as sokliers and became politicians. 
 
216 LETTERS TO GOVERNOR LEWEI LING. 
 
 IN DEFIANCE OF CONSTITUTION AND STATUTE. 
 From the New York Press. 
 
 The Populists disputed several seats at tlie opening of the ses- 
 eion. Instead of contesting the matter in the way provided by 
 law, however, they refused to permit the coutestees to take part 
 in organization and legislation pending settlement of the diffi- 
 culty, and thus forced a division of the House. They were insti- 
 gated to this revolutionary course by the knowledge that the 
 Governor and Senate were politically in sympathy with them. 
 Every step which the Populist House has since taken has been 
 in defiance of Constitution and statute. 
 
 The surrender of the Populists is attended by an order of 
 Governor Lewelling dispersing the militia which had been sum- 
 moned to Topeka. No credit should be given to that magistrate 
 for this act. He was constrained to it by multiplying proof that 
 in the event of a clash of arms the militia could not be depended 
 upon to support him in his course. The Republican House is to 
 be cordially commended for its stubborn resistance to lawless 
 usurpation. 
 
 LEWELLING'S FIRST SENSIBLE ACT. 
 From the Philadelphia Bulletin (Republican. 
 
 Governor Lewel ing's back-down and agreement to give the 
 Republicans undisputed possession of the legislative buildings, 
 and to abide finally by the restxlt of the Supreme Court's ruling 
 as to the legality of one or the other of the rival Legislatures, 
 is the first really sensible action that official has taken in the 
 present trouble. His uncompromisingly hostile attitude toward 
 the Republicans up to this time demonstrated that he was actuated 
 more by partisanship than by a determination to stand by what 
 was right and to en.orce law and justice, since he showed him- 
 self unwilling, until very recently, even to listen to Republican 
 .allegations. It seems that it was on 'y the overwhelming supe- 
 riority in numbers of those supporting the Republican cause 
 which brought him around at last; and not much credit can be 
 given him, therefore, lor his willingness to see fair play. What- 
 ever the rights of the case, the attitude of the Kansas Governor 
 toward the disputants was never calculated to bring about a set- 
 tlement of any kind. It rather strained the relations exi.sting 
 between the claimants, and that bloodshed did not result was not 
 the fault of his at least viufortuuate course of action. 
 
 A DEMOCRATIC VIEW. 
 From the Chicago Times (Democratic). 
 
 He was inaugurated, and is now the chief magistrate of Kan- 
 sas. Under the Constitution of that State, as of all others in the 
 Union, the Govertior is coiumander-in-chief of the militia forces. 
 He calls out this militia in the hope of maintaining order dis- 
 turbed by Republican politicians in a manner which casts pro- 
 
LETTERS TO GOl'ERXOR LE WELLING. 217 
 
 found discredit upon the State and may result iu widespread dis- 
 aster. The chief ofiicer of the militia refuses to obey him, aud 
 takes credit for his insubordination before a congregation of 
 Republicans intrenching themselves iu the Hall of Representa- 
 tives, into Avliich the}' had broken with force and arms. Only 
 last summer a private of a Pennsy^ania regiment, who had made 
 a thoughtless remark represented to be subversive of military 
 discipline, was hung up by the thumbs. If the idea were car- 
 ried out, and the degree of insubordination shown in the case 
 of the commander under the Governor of the Kansas militia 
 were considered, summary shooting of the officer would not be 
 out of place. 
 
 FEW " POPS " AT THE NEXT ELECTION. 
 
 From the Chicago Tribune (Republican!. 
 
 If the Populists, who have been in the wrong pretty steadily 
 from the outset, had allowed a case to be made up for the court, 
 tlie dispute would have ended some time ago. They preferred 
 to adopt a policy of violence and force, and their Governor has 
 behaved as badly as any one of them. His last performance was 
 inexcusable. It is probable that but for the firm resistance of the 
 sheriff and the colonel of the militia regiment he would have 
 tried to expel with force of arms from the State Capitol lawfully 
 elected members of the Legislatuie, the right of nine-tenths of_ 
 whom to seats is not questioned even by the Populists. The 
 Republicans are gaining strength every hour, aiad the Populists 
 are losing it. The only effect, then, of these uuhappj' occurrences 
 will be to break up more rapidly the party of lawlessness and 
 violence. The next election will show few I'opulists in Kansas. 
 
 INCALCULABLE DAMAGE TO THE STATE. 
 I'rom the Philadelphia Press ^Republican). 
 
 The result of the Farmers' Alliance movement is to place 
 Kansas in a most unfavorable attitude before the country. The 
 State has already received incalculable damage, from which it 
 will need years to recover. Propert}- has decreased in value, in- 
 vestments ceased, and a sen?e of insecurit}- prevails in all classes 
 of business. The State would probabl)' have been saved the dis- 
 grace of this winter if the Democrats had not encouraged the 
 lawless agrarian spirit bj^ allying themselves with it in order to 
 gain the Presidency. To the encouragement they gave it then is 
 due the greater violence and recklessness witnessed this year ; 
 and if bloodshed results, the Democrats must be held largely 
 responsible. For resisting this agrarian spirit, and for main- 
 taining their rights even at the expense of force, the Republicans 
 deserve the thanks aud support of all law-abiding people in the 
 country. 
 
218 LFTTF.RS TO COVER NOR LFAVELLING. 
 
 BRAZKN POPULIST PRl'.TRXTS. 
 From the New York Herald (Democratic . 
 
 The tmseemly squabble for the possession of the House has 
 been going on since the meeting of the Legislature early in Jan- 
 uary. P.y the returns of the State board of canvassers, the 
 Republicans had a clear majority of the House, and accordingly 
 a prima facie right to organize that body, which they very natur- 
 a ly did. Though in the minority, the Populists proceeded to 
 seat a number of members on the most brazen pretexts, and then 
 organized a rival House, which, with the Repiiblican body, ha^ 
 occupied the assembly rooms of the Capitol. 
 
 This proceeding on the part of the Populist party was simply 
 revolutionary. If it had any claim to the organization and con- 
 trol of the lower branch of the Legislature, the only lawful way 
 to assert it was by orderly procedure in the House or the courts. 
 Resort to force was simply lawlessness. 
 
 To this kiwlessness the Populist Governor has made himself 
 a party by aiding and abetting the revolutionists, even to the 
 extent of calling out the State militia to support them. 
 
 PLAYING WITH FIRE IN KANSAS. 
 From the Irish World. 
 
 A disastrous and blood}- civil war has been averted in the State 
 of Kansas by so narrow a chance that the whole countr}' gives a 
 sigh of relief at the announcement. Because the control of the 
 State Legislature depended on disputed questions of law and fact 
 at issue between two political parties, excited men, who preferred 
 possession of the spoils of office to the public peace, refused to 
 permit the questions in dispute to be determined by the peaceful 
 tribunals established by the Constitution for that purpose, and 
 chose instead the methods of Alaric and Attila. It was only 
 when the State Capitol was converted into a besieged fortress, 
 fdled with armed and wrangling mobs and surrounded by rapidly 
 increasing thousands of military, waiting for the word from 
 enraged rival authorities to hurl themselves against each other 
 in senseless fratricidal war, that the voice of prudence and patri- 
 otism was heard in the clamor of angry passions, and those who 
 had provoked the conflict began to realize the appalling depth and 
 danger of the abyss into which they were recklessly leading the 
 peoj^le. Now that a halt has been called and the courts invoked 
 to render a verdict vipon the questions in dispute, it is to be hoped, 
 forthe sake of the good name (ftlie Stateand nation, that the coun- 
 sels of violence will be repudiated, and that there will be instead 
 a cheerful acquiescence and the adjustment reached by peaceful 
 and constitutional methods. F'or the honor of American insti- 
 tutions, let it not be said that the verdict of the ballot-box should 
 ever again be imperilled b}^ armed violence, or that the military 
 should ever be invoked to enforce its verdict or pass judgment 
 upon its interpretation. Such methods are contrary to the genius 
 
LETTERS TO GOVERNOR LEWELLIXC. il]9 
 
 of American institutions, and should Ue avoided and condeniued 
 by all patriotic citizens. 
 
 A POLITICAL MILITIA. 
 
 From the Kansas City Star Independent-Democratic), 
 
 Among the man}'- new and brilliant ideas evolved in Kansas 
 of late is that of a political militia and partisan arm}-, a force that 
 can ahvaj-s be relied upon to " vote as they shoot,"' and under 
 the same direction. 
 
 This suggestion comes, of cotirse, from the Populist side, the 
 side that just now is furnishing Kansas with all the new and 
 original, plain and fancy, notions about the government of the 
 State. The idea, in brief, is the organization of a militia force 
 in the State, every officer and man of which shall belong to one 
 and the same political organization to the exclusion of all mem- 
 bers of other partits, and each member, in addition to the com- 
 mon military oath, is to be bound by a civil and political oath to 
 ^vote as he is directed and to shoot as he is ordered. 
 
 A force like this will be a novelty in a free country in time of 
 peace. It will be a new thing in the way of " reform." It will 
 illustrate the beauties of partisanship in a new direction. It will 
 enable the tacticians to furnish us something fresh in the way 
 of text-books, combining the manual of the voter in connection 
 with the manual of arms and the school of the company and the 
 battalion. It will be perfectly practicable to " organize victory " 
 at the polls as well as in the "imminent and deadly breach." 
 The soldier can be instructed to stand with the fore finger of his 
 left hand on the seam of his pants and to receive with his right 
 hand irora his captain or other commissioned officer the ballot 
 with which he will proced to the polls, and which he will there 
 deposit in accordance with the directions laid down in the regu- 
 lations for the government of the militia of the State of Kansas. 
 The value of a force carefully instructed in the '"school of the 
 caucus " as well as the bayonet exercise cannot be overestimated. 
 
 The only defect in the system is its liability to change, and, 
 for that matter, change is written on all created things, and must 
 be expected and submitted to. In the event that a State election 
 in Kansas should '' go the other wa}-," it would be necessary to 
 disband the Populist army and substitute therefor a sufficient 
 force of infantry, cavalry, and artillery composed of Reptiblicans 
 or stalwart and unterrified Democrats. The collection and 
 transfer of the arms and munitions of war, the camp-kettles and 
 dog tents, would be a tedious and expensive operation and 
 burdensome to the tax-payers. 
 
 FIFTY DAYS' RUN OF THE QUEER CUTTER. 
 From the Kansas dWy Journal. 
 
 The invention of a supreme court, or a courc of last resort, 
 whose decisions are conclusive on legal questions, is the most 
 salutary provision in popular government and the one ultimate 
 
220 LETTERS TO GOVERNOR LE WELLING. 
 
 guarantee of peace. It removes all yielding of one party to a 
 controversy to another, and is a universal acquiescence in the 
 arbitramentof reason and facts. The Populists of Kansas can 
 yield to the decision of the court without any humiliation what- 
 ever — simply because it is the final duty of freemen so to do. It 
 is the law of heredity in America. 
 
 A little prairie air and attention to spring plowing, corn-plant- 
 ing and sheep-shearing will allow a chance to cool off and com- 
 pare the peaceful conditions that obtain from a court decis-ion 
 to what would be under a military order countersigned by so 
 puissant a warrior as Artz. There will be no danger after a 
 conference of this sort with nature — on a Kansas prairie. 
 
 But seriously, the situation has been most happily solved, and 
 the Governor, the Senate, the "short" House, and the conspira- 
 tors outside are all relieved of a most embarrassing complication. 
 As long as men played for a technical advantRge under either the 
 Constitution or statutory law or parliamentary usage, the people 
 who make laws and bread both could afford to look on and wait. 
 But when bad bh^od, violent counsel, and military power were 
 invoked, then the matter arose above party contest and became a 
 question of public safety. 
 
 As Republicans, we are gratified beyond measure that the 
 legal House did not go beyond parliamentary usage, and that the 
 peace was preserved by the civil authority. The one act of the 
 Governor in calling out the military is the dark stain on this 
 whole proceeding. It discloses the fact that bloodshed and civil 
 strife were not obstacles to a purpose that at the best was not 
 without dispute. It showed a willingness to commit the greatest 
 crime under popular government— to invoke revolution by the 
 sword, by civil war. 
 
 The sheriff of Shawnee County, by a wise, timely, and most 
 courageous act, saved the State from a crime that would have 
 stained her history for all time, and the people can now take the 
 opportunity offered to look over the whole case and see how infi- 
 nitely better it is to follow the law than to invoke anarchy— for 
 what? To put some men in office over others. This notice of 
 the sheriff to the Governor that he as well as any other citizen 
 must keep the peace, is one of the most noted examples of the 
 nature of free government in all our history. But it was both 
 sound in principle and judicious in action, if it was siii generis 
 in practice. And it will be available still, should anyone disre- 
 gard this decision of the Supreme Court. It is now in order to 
 cool off, and, as Lieutenant-Governor Daniels says, appeal to the 
 people two years hence. And the people of Kansas will act. 
 
 THC GOVERNOR OF KANSAS. 
 From the St. Joseph Herald. 
 
 The Governor of Kansas finds himself in a most unenviable 
 position. He has been making a fool of himself ever since his 
 inauguration, and now stands disgraced before the whole country. 
 
LETTERS TO GOVFRXOR LF.WELLTNG. 221 
 
 He has showu himself not only a fanatic, but the worst kind of a 
 demagogue. 
 
 Every cue of impartial judgment, whether Democrat or Re- 
 publican, who had followed and made himself familiar with the 
 facts in the Kansas controversy, knew that the Republican 
 organization of the House of Representatives was the legal one, 
 and knew that if the case could be brought before a judicial tri- 
 bunal, an}' honest court must so decide. 
 
 Not a single assertion made by the Populists in the contro- 
 versy was true, and they did not even attempt to substantiate 
 them before the court. It was a matter of plain record Hiat a 
 majority of the members holding certificates participated in the 
 Republican organization. This fact alone was sufficient to show 
 which side was technically right, and justifies the decision. In 
 regard to the equity of the case, it appears that the sum total of 
 the votes cast for Republican members of the Legislature ex- 
 ceeded by over 5,000 those cast for the Populists. In addition, 
 on the Republican side must be reckoned some 1,500 majorities 
 cast for three Democratic members who throughout acted with 
 the Republican House. The only serioiis difficulty which has 
 been in the way was whether the court had jurisdiction. The 
 court, however, decided that while it could not inquire into the 
 qualifications of individual members, it could inquire into the 
 legality of the election certificates and the legality of the House 
 considered as a whole. This point being decided, the decision 
 which has been reached necessarily grew out of the facts in the 
 case. There is only one thing left for the Populists, and that is to 
 yield to the decision of the court. They had no ground to stand 
 on before the arbitrary and violent measures which they took, 
 and the case against them will be worse now if they have tlie 
 temerity and the folly to defy the courts. They are absolutely 
 without jight and without color of right. For them now to 
 insist upon the position which they have taken would be anarchy 
 as well as revolution. 
 
 A POLITICAL OBJECT LESSON. 
 
 From the St. Louis Globe-Democrat. 
 
 The collapse of the Populist attempt to secuie control of the 
 Kansas Jvegislature by revolutionary means may be said to furn- 
 ish a striking and profitable illustration of the fact that no polit- 
 ical party can prosper in this country by antagonizing the laws 
 that are made for the safety and advantage of all classes. No 
 experiment of that kind has ever j'ct succeeded. It is possible, 
 of course, for such a movement to gain considerable headway, 
 and to produce more or less disturbance in affairs of government, 
 but it is certain to be defeated in the end. As a rule, in fact, it 
 usualh' defeats itself. It is illogical, and when it comes in con- 
 tact with logical forces and appliances, its strength dwindles and 
 it can go no further. The Kansas Populists were in the wrong 
 to begin with, and there was no succeeding chance for them to 
 
222 LETTERS TO GOVERNOR LE WELLING. 
 
 ?ut themselves in the right, except by the process of surrender, 
 heir triumph would have been a victor}-- over the established 
 S3'stem of societ}-. They assumed the authority to upset funda- 
 mental conditions for the purpose of accomplishing a superficial 
 object, and they failed because the undertaking could not be 
 defended upon any ground of legality or propriety. The vital 
 question in the case was ignored by them until their folly reached 
 its climax, and then there was nothing left for them but humili- 
 ating submission to the laws. 
 
 It is to be hoped that this experience will have the good effect 
 of convincing the Populists, not only in Kansas, but throughout 
 the whole country', that their party can not afford to repudiate 
 the highest obligations of citizenship in its efforts to gain polit- 
 ical advantage. If it is to endure and to grow, it must conform 
 to the methods of other parties, and regulate its operations in 
 such a way as not to menace public order and safety. The law- 
 abiding sentiment is the predominant one in the United States, 
 and anything that looks like anarchy is sure to encounter fatal 
 opposition. Men have the right to believe what they please, but 
 they have no righttoenforce their belief by intimidation and vio- 
 lence. They must confine themselves to peace and legal expedi- 
 ents in their plans of conquest. It will not do for them to 
 organize a strike in politics, and snap their fingers at the law and 
 the courts. If their doctrines are sound and wholesome, they 
 should be Mailing to rely upon the ordinary instrumentalities for 
 making converts to a cause and bringing about its success. The}' 
 cannot expect to gain sj-mpathy and assistance by resorting to 
 arbitrary measures. It is permissible for them to change the 
 laws if they can properlj-^ get the power to do so, but they must 
 not become law-breakers. Under no circumstances can they be 
 allowed to substitute their private opinions and preferences for 
 existing legal provisions and requirements, and the sooner they 
 accept this fact, and make it a part of their political philosophy, 
 the better it will be for them in every respect. 
 
 WEAK AND WRONG. 
 ■Prom tlie Kansas City Times (Democratic). 
 
 Governor Lewelling, of Kansas, declined to state what his 
 course would be under the Supreme Court rviling until he had 
 consulted the Populist party leaders. He wished, he said, to fol- 
 low their advice. 
 
 He has already followed their advice too far. The Governor 
 of a State has at call the advice of constitutional ofl&cers who are 
 paid by the people. He is unfit for his office if he is guided l)y 
 a cabal of politicians who are under no bond, restrained by no 
 ■oath, in danger of no piinislnnent for violating the laws. 
 
 In the short time since the People's party e^tarted in to reform 
 the country, more damage has been done to the good customs of 
 the communities in which the parties reached strength enoiigh 
 to alfect government than it could reform in twentv vears if it 
 
LETTERS TO COJ'ERA'OR LE WELLING. :28 
 
 were to become coustructive at once iustcad of destructive. It 
 has apparently been trying to substitute poverty for comfort, force 
 for law, and falsehood for truth. The system it has practiced 
 would remove all safeguards from the weak and leave the strong 
 to the unlimited and arbitrary use of every engine of government. 
 
 What has a chief executive to do with party leaders? He is 
 supposed to be looking after the welfare of tlie people and to be 
 intent upon executing the laws as they are enacted by the legis- 
 lative branch and interpreted by the judiciary'. Butthis Governor 
 looks to a knot of socialist agitators Jor advice, and has no opin- 
 ion as to whether he will obey the law or not until they have 
 given him orders. Lewelling is not quite such a w^eak and 
 foolish person as he has appeared during the past two months. 
 He has been laboring under excitement, and, hi.s new job being 
 a little larger than his size, he has not done himself justice. _ 
 
 Instead of consulting Dostcr and the other " leaders," the 
 Governor should stop the silly business of trying to set Populist 
 success above decency and law. 
 
 It is not difficult to be a good Governor. Lewelling's trouble 
 has been that he was advised to pull the schemes of the Populists 
 into all his executive acts. 
 
 The law affecting the organization of the House of Represent- 
 atives has been declared. The Governor can get peace of mind 
 by obeying it implicitlv. He has done more now for the Popu- 
 list leaders than they would have asked if they had been prudent. 
 
 Kansas can recover quickly from two months of government 
 according to anarchistic advice, tempered somewhat by the law.s 
 of the State. It might recover from two years of Lewelling's 
 advisers if the militia still retained its healthy American good 
 sense and the courts stuck to the Constitution. But what's th'j 
 use of anymore? Governor Lewelling is man enough to send 
 awav the Populist leaders and to follow the precedents of sound 
 administration. He became popular in December through his 
 conservative utter inces. He cau regain that popularity by 
 redeeming his promise. 
 
TABLE OF CONTENTS. 
 
 .jeiics i)f t'ourteeu Letters to Governor l,e welling ■">-72 
 
 A Brief Ch'-onolog^ical History of the Session, giving Da3' and Date of 
 Everjf Important Event in the Senate and House from January 9th 
 to Close of Session, including Letter of Mr. Dunsmore to Speaker 
 Douglass, His Reply, and Important Resolutions and Protests.. . . 7;i-!i5 
 
 The Decision of the Supreme Court in the Gunn Case, in full, re- 
 vised and corrected by Chief J ustice Hor ton IKl-UG 
 
 The Di.ssenting Opinion, in full, in the same Case, by Associate 
 Justice Allen, revised by Himself ; also Reply by the F'ifteeu Re- 
 publican Senators to Certain Statements of Associate Justice 
 Allen 117-126 
 
 The Decisions of the Supreme Court, in full, in the Coffey, Jackson, Re- 
 public, and Haskell County Contest Cases, rendered before the 
 Legislature met 127-115 
 
 The Decision of Judge Hazen of the District Court of Shawnee County 
 in the Injunctioti Case against Auditor of State Prather and State 
 Treasurer Biddle, which involved the validity of the Dunsmore 
 House 1 Ki-ldO 
 
 The Evidence of Hon. A. H. Lupfer, on cross-examination, in the 
 Gunn Case. Mr. Lupferwas Temporary Clerk of the Dunsmore 
 House, '"his evidence is furnished by the Official Court Reporter 
 of the .Supreme Court lol-lol 
 
 The Evidence of Ben C. Rich, on cross-examination, in the Gunn 
 Case. Mr. Rich was elected Chief Clerk of the Dunsmore House. 
 This evidence is furnished by the Official Court Reporter of the 
 vSupreme Court Ifw-KiO 
 
 Vote on President by Counties for 1888 and 1S02 compared; Vote for 
 C indidates for Governor in 1802, and for Candidates for the Senate 
 and House, and Politics of Each, for Election of 1892 Hi] -172 
 
 Official Vote by Districts for Congressional Candidates and Connties 
 
 Composing the Districts ; also Same for Cougressuiau at Large.. . 173 
 
 The Judicial Districts of the State by Counties, and Names of Judges 
 
 I'residing ." 171-17.5 
 
 Governors of Kansas, Territorial and State, up to 1803; When and 
 Where the Eight Sessions of Territorial Legislature Met ; also the 
 Names of the Present Congressmen from Kansas 17(1-178 
 
 .\. Register of the Executive and Judiciary Departments of the Slate 
 
 Government, 179-1 SO 
 
 ■V Complete Register of the Present Members of the Legislature, 
 Senate and House, Their Districts, Postoffice Addresses, and Poli- 
 tics; also the Names of Subordinate Officers of Both Houses and 
 the Standing Committees of Both Houses 181-190 
 
 Nrimes nrul Postoffice Addresses and Politics of Members of State 
 Hoards, I)ireetoi s and Regents of State Institutions, and Special 
 Officers Appointed by the Governor 191-194 
 
 officers and Directors, and Postoffice Addresses, of the State Histor- 
 ical Society, the Stale Board of Agriculture, the State Horticultural 
 Society, and World's Eair Managers; also Brief History of the 
 Kansas Republican League 195-200 
 
 The Wealth and Resources of Kansas 201-204 
 
 officers and Members of the Republican State Central Committee, 
 and a Sketch of the Work Done by the Committee Since it was 
 Elected 20.V210 
 
 Sentiment of the Press Outside of Kansas.. 211-22:! 
 
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