xrg-Free® Type I ^. A HISTO1..JAI REYIEW OF TaEj CAUSES AND ISSUES ?HAT LED TO THE OVEETHEOW OE THE EEPUBLICAN PAETY IN KANSAS IN 1892. Inclxxding: a History'o.f the Exciting- Events of tlae Legisla- tive JEnHLtorog^lio and. its Final Settlement, in>srlxich. Blood- stied and Internecine ^STar ^vere Narro-osrly Skverted, BY W. H. KENT. PUBLISHED BY THE TOPEKA DAILY PRESS 1893. AUjRights Reserved by Publisher. .Zl ft-H^ TN BXrHANGT* A HI8T)uilICAL REVIEW OF THE CAUSES AND ISSUES THAT LED TO THE OVEETHEOW OF THE EEPUBLICAN PAETY IN KANSAS 1892,. THE UNHOLY ALLIANCE. THE COMMON INTERESTS OF THE OOEPOKA- TIONS OFFIOIALLT ESPOUSED BY THE BEPTJB- LIOAN PAKTY. — "•THE BAILEOAD QUESTION IN AMEKIOA IS LIKE THE lEISH LAND QUES- TION." The history of Kansas, from the pen of a second Macauley, who may, perhaps, be born in the Twentieth Century, will be among the classics of the future. It will no longer be necessary to return to the days of Cassar, of Cataline, or of Han- nibal the Suffete, to find examples of un- dled ambition, of grinding oppression tyranny, of the arrogance of a plutoo- and the use of mercenaries to enslave <3ople, of conspiracy and its final over- will be in the volume thus written by the impartial Historian no chapter more thrilling, nor one read with greater interest, wonder and curiosity, than that which sha faithfully portray the events which have oc- curred during the past decade, and more es- pecially the last year. These led up to the final overthrow of the Republican party, af- ter an almost uninterrupted and absolute domination that was marked by the perpe- tration of every crime in the political calen- dar, in the name of Republicanism; whose motto, literally construed, has been: "Lib- erty means License." The once proud Republican party is no longer the Republican party save in name but has discarded the principles of Lincoln and other great founders and leaders in the cause of freedom and equal rights, to bei^d the knee to the corporations, and lend will- ing obedience to the edicts of the money 4 THE UNP' [ kings issued from their palaces on Wall s treet, a section of New York that is smaller t han any little German principality or duke- dom, yet which has been, for a quarter of a century, by the grace of the Republican party, the financial center of the Republic, and its money princes the absolute masters of the banking system of the whole country and of the Nation's credit. At the seventeenth convention of the American Bankers' Association, held at New Orleans November Hand 12, 1891, the pres- ident, introducing Prof. Arthur T. Hadley, of Yale college, who had been invited to prepare a paper to be read before the con- vention on the subject: "Recent Railroad Legislation and Its Effect Upon the Finances of the United States," said: ~ Gentlemen — We are all so largely inter- ested in railroads and railroad securities that I take great pleasure in introducing to you Prof. Arthur T. Hadley, of Yale col- lege, who has made this the subject of pro- found study. Of the remarkable statements made by Prof. Hadley, the Bankers' Magazice and Statistical Journal of December, 1891,quotes ; the following: Whatever causes shrinkage in railroad values is of importance to a body of finan- ; ciers, because railroad securities are more ' important than any other line of investments and properties, more than all others put to- gether. A loss of 1 per cent, in interest on railroad securities would mean a fall in cap- ital valuation greater than the whole wheat and cotton crop of the country put together. If we look at the systems immediately west of Chicago, we find that sinse the pas- sage of the interstate commerce law, they have shrunk in value $60,000,000, or more than 25 per cent, of the par value of their Y stocks. ,v>^ Such a fall can only have beengdue to leg- islative action. The interstate commerce I aw, which had been supposed to be the end of a struggle for railroad control, was only the beginning. The individual states went further and did a great many things with far less wisdom than the interstate commerce commission. Finally the prohibition of pools prevented the railroads from taking measures in self defense. The railroad question in America is like the Irish land question. Railroads are owned in the east and operated in the west, j ust as the Irish land is owned in England, and there is an effort on the part of the peo- ple who use the property to fix the rates, in- stead of letting it be done by the people who own it. It is not likely that this effort will succeed. NCE A o. ition of hostilities will result in the disao.xous experiment of taking the con- trol of railroads from invested capital. Here, then, is the admission of the union and close relationship of the banks and the railroads; of the fact that a struggle has begun for the regulation of railroad rates, which has as yet only reached the incipient stage that pools are indispensable to the maintainance of extortionate rates; that the continuation of restrictive legislation will result in government control, and finally that the railroad question in America is like the Irish land question. So many wholesome truths from so high an authority on the subject, the opposition could scarcely have dared to expect. The views of Prof. Hadley as endorsed by the Bankers' Association were those already adopted by the Republican party, and now freshly enunciated, and henceforth the twin corporations bocame more than ever the objects of tenderest solicitude. THE PARTY OF JUD\S. THE EEPUBLIGANS BETKAY THE PEOPLE AND ESPOUSE THE CAUSE OF THE OOEPOEATIONS. — THE OKUOIAL TEST. — THE ONLY ALTEBNA- TIVE. In this crisis there was no alternative but for the people to organize and equip them- selves for a struggle but just commenced, and aptly compared to that between the English lords and their Irish tenantry. The Republican party had always been peculiarly zealous in providing for the sys- tem of railroads west of the Missouri river, and known as the Pacific railroads. The National congress, then Republican, had en- riched the corporations by enormous grants of land from the public domain, while State and Territorial Legislatures vied with each other in enlarging corporate privileges, ani? adding to their franchises. / t' In Kansas, Nebraska, Wyoming and C rado the railway managers became crats, and were permitted to dictate THE PARTY OF JUDAS. own terms. They named United States Sen- ators, Governors, Legislators, Mayors and Conncilmen. State constitutions, Legisla- tive enactments and City ordinances were drafted at the general offices, approved by the Directory, and immediately passed by the subservient tools the Republicans elect- ed. The vast territory that was quickly spanned by the new lines was peopled with a rapidity that has had no equal since man- kind was introduced into the Garden of Eden, and the home seekers and settlers who caine West to enjoy greater liberty and wider privileges, found themselves reduced to the level of peons, paying tribute to their masters in the shape of annual install- ments on their lands, for which the railroad companies paid nothing, and which the set- tlers purchased at almost equal prices pre- vailing in older states. The hardship of these brave settlers, the deprivation and destitution which they so patiently bore, their struggles with the ele- ments, with drougnt and the devastation of grasshoppers, are all matters of history with which every intelligent man, woman and child west of the Missouri river has been familiarizea by bitter experience. And in no section of the Trans- Missouri empire has the experience been more bitter than in our grand commonwealth. The necessities of the case resulting from . the untoward circumstances incident to the settlement of a new country forced the peo- ple to seek tissistance not only for immedi- ate support but for the further development of their new homes. Financial aid was forthcoming, prompted by the unexampled liberality of the national and state governments to the railroad cor- porations. The money lenders of the con- gested New England States saw in the rapid development and settlement of the New West an opportunity to offer the financial aid the settlers sought and demand for their money exacting and usurious interest. The result was the establishment of the loan agent in nearly every village and hamlet in the great West Under the alluring influ- ence of the new life that appeared to spring up on the prairies and with the mirage of vast rural possessions before their con- #ant gaze the settlers availed themselves of the easy opportunities to obtain ready money by mortgaging their farms on long time though fabulous rates of interest were de- manded for "the accommodation." There- suit was that mortgages were "plastered" on a large "percentage of the tillable aores of the Western States, and particularly of Kansas. This was the crucial time and test of gov- ernment — the time when it was easy to dis- cern whether the political party then domi- nant in the state and country succumbed to the influence of the great corporations anc the ;money power, both of which, octopu like, were'f astening their grasp upon the peo- ple, or whether the government, through thr party, would rise supreme in its majesty an extend its guarding hand over the gret. army of its subjects toiling to make tht desert blossom and rear on the central plain of our grand federation of states a monu mentgto the greatness and benignity of ou cherished institution of self-government. The Republican party had been in power since the great civil war, in which it achieved its renown, and upon which it based its claim to the generous endorsement of the nation. Blinded by the halo of its glory the people trusted and obeyed its mandates, ob- livious of^the insiduous and subtle influence that was ^fast? gaining control of the ma- chinery of the organization, and which in- tended, and finally accomplished, the er slavement of the too confiding masses. It was at this crisis that the Republicar party, as a political organization fouu'^ '•■ upon the principles of its early leao ceased to exist except in npnre only, anc" came the party of corir crate greed anu power. Its long contintf nee in power em- boldened its leaders to believe that they had a life tenure of oflice, and every year in- creased their arrogance and the burdens inflicted upon the people. They had become pliant tools of corporations, and as this effaced the last lingering trace of honor and conscience, they sank deeper and deeper into the mire of corruption and degradatior So long as they could satisfy the demands c*- corporation managers, to whom they owt**^ their continuation in power, they forgot th» needs of the struggling masses and allow, nothing to stand in the way of their sel aggrandizement. They were blind to t Nemesis that wag fagt-«^extaking them, an THE CAMPAIGN AND THE CONTEST. in their desire to perpetuate their power at asFwere garity~of outrages which brought swift retribution and destroyed Republican supremacy root and branch. THE CAMPAIGN AND THE C0NTE8T. "CAEETING THE WAE INTO APEIOA." — TIIK WICHITA TICKET NOMINATED. — THE FOUB STATE CONVENTIONS — YIOTOEI FOE IHE PEOPLE. As the Republican party, gradually at first but finally swiftfully and shamelessly, ar- rayed itself as the champion of the money kings, the people entrenched themselves more firmly for the struggle that was inevi- table. When the campaign of 1892 opened t found the opposition to corporation ty- r anny splendidly organized. It was like the o d story of the field planted with dragODns' t eth, from each of which there sprang forth a knight,full panoplied andre&dy for battle. Of course the republican papers were keeping up a continual fire on their oppo- nents all along the line, but this time it had not the effect even of causing dismay, much ' ess destruction in the ranks of the reform j-orces. Nor was the unexpected strength of he people developed in merely a single state, but like wildfire, it spread across the dries and the mountains, and found no onsiderable foothold on eastern and jo-ithern soil. The leaders laid their plans well, and in the contest that followed did not stand on the defensive but carried the war into Africa with a vengeance. When the Wichita con- vention paet on June 15, it was with a well- defined and single purpose. The Republican press in treating of the matter at the end of the first day's session contained such head- ines as these: "Fusion" — "The People's Party State Convention Thoroughly Under Control of the Fixers" — "Pandemonium Rivalled." — "The Convention a Howling 'lob, Be>ond Oontrol of Any Re vsoning Power," eto., etc. To show how clearly they reckoned without their host, the same paper, on the morning following, displayed among its headlines these: "Downed" — "The Fusionists Relegat- ed to Back Seats in the People's Party Con- vention"— "An Ex-Confederate Nominated and the- Bloody Chasm Bridged by Patriot- ism"— "An Old Soldier gets Second Place on the Ticket as a Bid for Veterans." As a matter of fact, and of history, the Wichita convention, which remained in ses- sion two days, and which placed in nomina- tion a straight People's party ticket, was one of the most harmonious ever assembled in the state. The platform was so broad, so comprehensive and so just to all classes that the Republican convention a little later, with a flourish of virtue and fairness, practically endorsed it by adopting almost every plank, with a very weak attempt to conceal the theft. When Col. W, A. Harris was placed in nomination for Congressman at- Large, his nomination was seconded by 274 ex-union soldiers, a majority of the convention, and that body, having completed its work, ad- journed amid the wildest enthusiasm and in- spired with an abiding faith that a great victory would be won in the Ides of Novem- ber. The following was the ticket nominated at Wichita by the People's party on June 15, 1892: For Governor— Hon L. D. Le welling, of Sedgwick county. For Lieutenant Governor — Col. -'ercy Daniels, of Crawford county. For Secretary of State — Capt. R. S. Os- born, of Rooks county. For Attorney General — Judge John T. Lit- tle, of Johnson county. For Auditor of State— Mr. Van B. Prather, of Cherokee county. For State Treasurer— Mr. W. H. Biddle, of Butler county. For Superintendent of Public Instruction — Prof. H. N. Gaines, of Saline county. For Congressman- at- Large — Col. W. A. Harris, of Leavenwcrth county. How different was the gathering of Re- publicans in Representative hall, at Topeka, on .June 30! Flushed by an almost unbroken series of victories extending back for a quar- ter of a century and confident that, backed THE CAMPAIGN AND THE CONTEST. by the railroads and the other corporations of the state, the nominees of the convention would be elected with little or no trouble, there was a bitter struggle for place, and enmities were engendered on every side. The state house ring, which never failed to play into the hands of the railroads, and with the whole machinery of state at their command, made a hard fight, but an "up hill one" this time. The more conservative element of the party had really begun to ap- preciate the strength of the cry that was going up from all over the state against the tyranny and iniquity of "the gang," and a desperate attempt was made to tone things down to respectability. This element was successful only to the extent of compelling an unwilling endorse- ment of many of the principles enunciated by the Wichita convention, which was ac- complished after a stubborn and protracted fight. In the make-up of the ticket the conven- tion could not so easily be controlled, and still under the impression that a nomination here was equivalent to election, rival candi- dates fought and scrambled and hooted or cheered, as the spirit moved them, until this convention, which Eepublioan newspapers characterized as "one of the best natured political gatherings ever witnessed in the state," actually did degenerate into "a howling mob" and "outrivalled Pandemo- sessment of -.railroad property in the state thereby saving to the corporations proba- bly $100,000 in taxes. WhileSJthis act was part of the reward the railroad corporations of the state were to receive for their politi- cal services to the republican party, the re- sponsibility fell upon the individual mem- bers of the board of railway assessors, and the two members of that board seeking re- nominalion were ruthlessly sacrificed— not because the leaders of the republican party did not approve of their action, but because they hoped by this sacrifice to appease the wrath of an outraged people, and by a pre- tended virtue to deceive the discontented masses into once more voting the Republi- can ticket. On -July 6, the Democratic State Conven- tion was held m the same hall and its con- duct and action were in marked! contrast with those of its immediate predecessor. It was a strictly representative gatheririg of the Kansas Democracy, and when ques- tions came up on which there was a dififer- ence of opinion they were debated with strength, eloquence and manliness by the The ticket was headed by one of the chief fuglemen of the Railroad party, and before it was completed the convention actually fought, raved and howled like maniacs over the nominations for attorney general and other ofl&ces which are supposed to carry dignity with them, but carried anything else in this instance. Among the things performed by this so- called "good natured Republican conven- tion" was the cold-blooded and ruthless sacrifice they made of two state officials who were before the convention seeking en- dorsement for their services to their party through a second nomination. Unfortu- nately for these two gentlemen they had served their party not wisely but too well. At the dication ofg the corporation mas- ters of their party they had performed an official act which materially reduced the as- It was held by a very large majority that the vital issue in the campaign was the over- throw of the corrupt and dominant Repub- lican party, and that the only means to this end was the solid union of the opposition forces. By a vote of 390 to 39 the electoral tick- et of the Wichita convention was indorsed, and after a protracted debate, the State ticket named by the People's party was likewise indorsed though by a less. ]aa jority, the vote standing 227 for ar/f (76 against a combination that would -' ..^re Republican defeat on November 8 and re- deem the State from the control of the mer- cenaries who represented Wall Street and the great railroad corporations. It was in this debate that Senator John Martin showed himself to be a very lion on the floor, and that he was still the intrepid leader of the Kansas Democracy, in which ,, for more than a score of years he had bee^i' Chairman of the State Central Coni- mittee at a time when that party was ■ so small that year after^year its annual conventions were held in his own law office in the Ci*^v of Topeka. The result of his gallant straggle on this 8 THE CAMPAIGN AND THE CONTEST. occasion was reeeivedjwith?thunders of ap- plause, though ajhandful of erstwhile Dem- ocratic wheel-horses left the hall to organize later the so-called Stalwart Democratic party, and, as assistant Republicans, exert every effort to retain the corporation party in power. Their pretended convention at the Grand Opera House in Topeka on October 7, was the last of a quartette of State political as- semblies that are destined to beconie mem- orable in the historyjgof Kansas. The troublous and stormy sea of politics in the Sunflower State never tossed up a stranger bit of wreck and drift than this same con- vention, made up of railroad attorneys and corporation hirelings who came to the capi- tal city on passes issued by the hundreds, to demonstrate the extent of their vassalage to the brass-colored monopolists. From the stage, former Democratic leaders whose principles had been lost sight of by long service in the pay of cor- porations, openly avowed their intention of voting the straight Republican ticket from top to bottom, and denounced in unmeas- ured terms the movement of the combined forces of the opposition to rid Kansas of a tyranny that had impoverished the state and the people, and reduced to serfdom that large class of the rural population whose toil ataid privations and dangers of every 'isscription had wrested the soil from sav- ^^-'6 tribes, made Kansas the foremost of the qd producing states in the Great Central j^,isin, and enriched the railroads and the money princes of the east to an extent un- heard of in all the history of the Western Continent. The issues were now made up, and the corporation party ,^, was squarely arrayed against the people. From early autumn to November 8 a vig- orous campaign was fought night and day by both political forces. It was a veritable war of the Titans, a struggle to the death by two powerful com- batants. It was a battle for liberty on the one side, and on the other for the perpetua- tion in power of men who had cast princi- ples to the wind, bartered for gold the glory of the party founded by Lincoln, and who would place on the wrists of the freemen of -•.V. ~ Great West the shackles struck from the black race in the South thirty years age. Well might the issue^be watched with anx- ietyjfrom every section of the land, and every toiler in the state enroll himself for the fray. Andjwell might the corporations unlock their treasure vaults and turn loose a flood of goldjto check the tide that was Betting in^with a force Tthat threatened to sweep theirjpaid agents forever from power in the councils of the state. As itjbecame more and more evident to the Republican party toward the close of the campaign that defeat was inevitable, the leaders;began devising iniquitous schemes for robbing the people of the fruits of vic- tory. Where fraud and bribery could not prevail at the polls, the matter would be set- tled to their liking, either before the State Board of Canvassers, where the whole elec- tion machinery was in the hands of as cor- rupt a gang of Republican partisans as ever existed, or, if that method failed, another — more remote, more dark, more revolutionary — would-be resorted to. The great day dawned at last, the battle waged furiously all along the line, and right triumphed. It was so unmistakably a complete and overwhelming victory for the people that no room was left for either party to doubt. The Republicans were dis- mayed as the returns began to come in. In fact they were panic stricken and required time to study over the situation. It was probably to accommodate them in this re- spect that the Kansas City Journal of No- vember 9 came out with something very like a stereotyped copy of the article it pub- lished on the morning after the election of 1890, claiming everything in sight for its party, and kept up these claims for the rest of the week. With singular unity of purpose the Tope- ka Capital of November 9 claimed the elec- tion of the Republican State ticket by "at least 12,000," and that "the electoral ticket will fall less than 3,000 behind." "Kansas Redeemed" was the truthful headline on''it8 telegraph page, but the redemption was not according to the Capital's standard and meaning. Editorially, the same paper, under the head of "Glorious for Kansas," said: In the Republican gloom that has struck the party nationally like a total eclipse, one grand redeeming light shines out from Kan- THE CAMPAIGN AND THE CONTEST. 9 sas. To paraphrase the lines of Words- worth, Kansas looms up omt of the darkness Fair as a star when only one Is shining in the sky. It is a great victory. * * * The victory means everything to Kansas. It means re- demotion and regeneration. It means no- tice to the people of the nation that intelli- gence and integrity rule again in the state. It means renewed immigration and influx of capital. It meaL.s that apologies for Kansas need no longer be demanded. It means that property is safe and that repn- pudiation is itself repudiated. * * * The indications point not only to the election of the state ticket and a good working majority in the state legislature/.but to the defeat of every Populist congressman. * * * Here again were wise words spoken, if not in jest, intended at least to deceive. Kansas did indeed skine forth as a bright, particular star, and the language of the Capital's edi- torial reads like a prophesy, or would if the word "Populist" was substituted for that of "Republican." It was "a victory that means everything to Kansas," redemption, regen- eration, and the rule of intelligence, renewed immigration and influx of capital. But, a day later, "a change came o'er the spirit of the Capital's dream," for even that redoubtable republican sheet admitted "Kansas in doubt," and reduced the repub- lican majority from 12,000 to 4,500, which, it said editorially, meant that — The democracy has enabled calamity to menace, if not actually to capture, the state. The republicans of Kansas were advised to begin the campaign of 1894 that very day, and subsequent events proved that the advice was acted upon. The political situa- tion then became "a blot on the record of the dem.ocracy that will never be effaced;" "a disgraceful liason with calamity," and all that sort of thing. It was Sunday morning before the Capi- tal began to explain "Why We Lost," and by some remarkable process of computing figures to show that while the railroad party was undoubtedly snowed under the returns showed a net gain of 60,000 in the strength of the republican vote of Kansas. Meantime the allied forces were rejoicing in the certainty of a grand victory. Blanks had been sent out to all sections to be filled with copies of the returns and forwarded promptly to headquarters. This request was very generally complied with, the re- "'^an pouring in immediately, and each gave fresh assurance of the utter rout of the common enemy and the vindication of the rights of the people. THE CONSPIBAOY. THE MASK BOLDLY THKOWN ASIDE BY THE BE- PTJBLIOANS. — INFAMIES PEEPETBATED BY THE STATE CANVASSING BOAED. — THE KOSENTHAL CASE. — THE OOFFEY COUNTY CASE. — AN OKLA- HOMA CITIZEN "OEETIPIOATED." Stirring as were the events of the summer and autumn preceding the overthrow of the Republican party, they were but the preface of one volume of Kansas history that will stand through all time pre-eminent in inter- est to the student of Kansas politics. In its defiance of the public will, its knowledge of the entire support of the railroads and other corporations in its fell designs, its supreme conceit and confidence that no combination of interests could depose it from power, the dominant party had to a degree concealed its desperate determination to win at all hazards and had thus far created anxiety, but not absol ate alarm. Now the mask was thrown aside and the suspicion that it would attempt to defeat the will of the people became a terrible and alarming certainty. There was soon no longer room to doubt that the corporation power'^ of the state were conspiring against the voters, and that, having lost control of the Executive depart- ment of the Government, they would reck- lessly and unblushingly make an attempt to hold the legislative branch by stealing the seats of the Populist Representatives- elect, so far as was necessary in order to secure the organization of the house, and the ultimate election of a United State Senator and a State Printer. Unparalleled frauds had been committed by unprincipled Republi- cans at the polls and on the county canvas- sing boards, but it was left for the State Canvassing Board to perpetrate the crown- ing infamy and reveal the atrocious scheme 10 THE CONSPIRACY. of this conspirators in all its hideous de- tails. The State Canvassing Board met in Tope- ka on November 28 All the members — Governor Huinphrey, Treasurer Stover, Auditor Hovey, secretary of State Higgins, State Superintendent Winans and Attorney General Ives — were present. There had al- ready been much "deplomacy" exercised in order to enable this board to carry out the will of its masters. The returns had been opened and examined. Where corrmpt county canvassing boards had not counted out populist representatives or overlooked clerical errors (?) that would elect Republi- can members, preparations had been made to complete the work in this board. Where irregularities occurred that would work in- juriously to the Populist cause, the re- turns were held back until too late for cor- recti>n, but where mistakes appeared that would be disastrous to Republican interests pains were taken to have them rectified without delay. The first interesting development before the State Board of Canvassers was the dis- coverj of an irregularity in the returns from Sedgwick and Wilson Counties on the People's party candidates for Presidential Electors. In the case of E. B. Cabbell, one of these Electoral candidates, the returns were made to read E. B, Campbell, instead of E. B. Cabbell. It was apparent that this was a clerical error but the vote was thrown out and the county clerks telegraphed to learn whether it was really a clerical error, or whether the ballot? were printed that way. As there were over 6,000 ballots of that sort it was enough to defeat Cabbell, which would give the Republicans one jut of ten of the Presidential Electors, and this would leave matters in shape to aid the national party to that extent in the Elec- toral College if the vote should be very close. On the following day the board held that the manifest error could not be corrected and o motion of Col. Bill Higgins resolved that it "had no legal authority to make any changes of the returns as certified by the various County Glerk?, nor has said board any authority to call for or demand any amendatory or supplementary returns." "This," remarked the Capital next morn- ing, "knocks out Mr. Cabbell (colored), one of the People's party presidential electors.*! But it did not, for the board, after an imi mense amount of trouble, was compell ed to reconvene, correct the error and declarejMrl Cabbell elected. I But with characteristic inconsistency, the) board refused to correct a somewhat similar ' error, but one not less apparent, in the Haskell county case. Here the county clerk made a transposition of the figures, and in- stead of giving Joe Rosenthal, straight democratic candidate for representative, 156 votes, and A. W. Stubbs, the Republican candidate, 123, reversed the figures. Stubbs was ae jessary to the Republicans |toJ make up their majority in the House, and on these returns, despite an absolute knowledge that they were wrong, the Board issued a certifi- tate to Mr. Stubbs. Yet high-handed and arbitrary as ware the proceedings of the Board in the latter case, they were exceeded in brazen eflfrontry by its action on the Coffey county case, where the returns, grossly irregular, showed on their face a tie between Rice, the Popu- list candidate, and Ballinger, his Republi- can opponent. The decision in this instance was postponed until the last da} 's session, when everything else had been completed. General Ives had objected to casting lots to determine who should be given the certifi- cate, as being unconstitutional, but he was overruled; In such cases, where the statute requires a casting of lots by the State can- vassers, it must be done in the presence of both the interested parties, but even that formality was dispensed with. Without no- tice to Ballinger, the Board went into secret session and remained with closed doors for an hour and a half During this tin. e the drawing is alleged to have taken place, the slips being drawn from a hat by Bill Hig- gins. The decisive slip was reached by him at the ninth drawing, and, it is unnecessary to add, it read "Republican." And the Re- publican candidate for Representative from Coffey county was declared elected. The members of the board then unlocked the door and came out with their overcoats on, announced in an off hand way that they had decided in favor of jB>illinger, and stated as they left '■he capital that the Board had adjourned sine die. By unseating Rosenthal and Rice, the Re- THE CONSPIRACY. 11 publicans had been secured a majority of two in the house and this fact, together with the Star Chamber method of settling the Coffey county tie, confirmed the suspicion that the conspiracy was dangerously deep, and the conspirators desperately determined to succeed in their nefarious plot to reverse the decision of the people at the polls. One of the most glaring frauds perpe- trated by the Republicans in their conspii^- acy to capture the legislature was in the election of M. B. Chrisman, a citizen of Oklahoma, as representative from Chautau- qua county. His opponent was A. M. Ross. Higgins "certificated" him, notwithstand- ing the I'acts coucerning his citizenship of an adjacent commonwealth were well known. M. B. Chrisman had, as early as April 9.'', 1892, declared under oath his good faith and intention to become a permanent resident and citizen of Oklahoma Territory, and to cultivate and personally occupy and make his home upon the land which he then laid claim to in that territory. Under the sworn declaration which he then made his actual settlement upon the land might be postponed until six months latHr: but on the 18th day of July , 1892, there being no prior adverse right.to the land, Chrisman, under oath, de- clared that such permanent residence and citizenship of Oklahoma, and such occupa- tion of said land should commence at that date. This was the condition at the time of the election, November 8, 1892, and there is a Hote indorsed on the back of his application indicating that he had obtained a leave of absence on the 2d day of November, 1892. But there is no uncertainty as to the condi- tions on December 10, 1892. On that day he was before an ofiicer of Kingfisher county, in the territory of Oklahoma, where he made an affidavit of facts, which were corrobora- ted by Isaac Chrisman and M. D, Chrisman, whose address was Dover, Kingfisher county, Oklahoma territory. In this afl&davit Chrisman swears that his present postofl&ce address will be Wauneta, Chautauqua county, Kansas; that he was the identical person who, on the 18th day of July, 1892, made the homestead entry on the land mentioned; that he had built on said land a one and one-half story frame dwel- ling house, had dug a well and broken out ten acres of the land; that his improvements thereon aggregated $200 in value; that he had established his personal residence on said land, and resided there continually since December 3, 1892; and he wanted leave of absence to gather his corn crops in the field, and to give his personal attention to other matters at his "old home in Kansas," desiring to return with his family and re- sume his residence on the land after his tem- porary absence. Section 4, Article 2, of the Constitution of Kansas, declares: "No person shall be a member of the Legislature who is not, at the time of his election, a qualified voter of and a resident in the county or district for which he is elected." In view of this pro- vision, there can be no doubt that it is the plain intendment of the Constitution that Senators and Representatives are chosen for the purpose of representing a particular dis- trict in which he resides, and for which he was chosen, and that whenever he removes from such Senatorial or Representative dis- trict he can no longer legally represent the people of such district. It necessarily follows that Mr. Chrisman, whether he was a legal resident of the Fifty- first Representative Di.-trict on the 8th of November, 1892, or not, had acquired a bona fide residence in the Territory of Oklahoma, according to his aifidavit, and that whatever right he had acquired, if any, under his supposed election on the 8th of November last, was lost to him, and that he could not legally hold a seat as a Representative in the Kansas House of Representatives. Yet in the face of these facts ilig^ins had the audacity, in order to carry out the orders of his masters, the corporation managers, to deliver to him his certificate of election, and it may be inferred that he would have done the same thing a dozen times over had the circumstances demanded it. 12 THE MANDAMUS CASES THE MANDAMUS CASES. WHAT QUESTIONS WEBE INVOLVED AND WHAT DECIDED — THE POSSIBLE FFFEOT OF THE DECISIONS UPON POLITICAL QUESTIONS THAT MAT ABISE HEBEAFTEE. The returning board was not, however, the only authoritative source to which the Re- publicans felt they might look for aid and oomfort in carrying out their conspiracy against the people of Kansas, The opposi- tion, on the other hand, did not anticipate a denial of justice at the hands of the high- est legal tribunal in the state. Much has beeu said about the mandamus cases in the Supreme Oourt before the Leg- islature convened. There were four such cases, and what questions were invoked and what questions were decided, are not clearly understood by the people; much less is it generally understood what effect the decisions made in those cases had upon the subsequent organization or political com- plexion of the Legislature, or may have upon questions which are likely to arise hereafter. Let us briefly state what these four cases were, and in the order in which they were commenced and decided in the Supreme court. In Haskell County Joseph Rosenthal re- ceived 156 votes, and A. W. Stubbs 123 votes for Representative. The county commis- sioners as a board of canvassers ascertained and declared that result, and declared that Joseph Rosenthal was elected. ' The county clerk, either through accident or design, transposed the figures, and certified to the Secretary of State that Rosenthal's vote was 123 and Stnbbs's vote 156. This mistake was undoubtedly known to everybody long before the canvass was made by the State Board of Canvassers, and there is much reason to believe "that the returns upon which the state canvass was based had been altered or substituted for the returns first made by the county clerk. Be that as it may, the public press of the state had continuously published the fact that Mr. Rosenthal had been elected Representative from Haskell County. When the official canvass was made and published, stating that Mr. Stubbs was elected, the whole state wa^ amazed. Rosenthal brought manda- mus in the Supreme Court to compel th© State Board of Canvassers to recanvass the vote, and to award the certificate of election to him. It was generally understood, not only among newspaper men, but among lawyers as well, that Rosenthal's case was so clear that the court would decide in his favor. It was admitted on^ all hands, and admitted as a fact atj the trial in the Supreme Court, and admit- ted by the J udges of the Court themselves, I that Rosenthal had been elected, and yet by reason of the state canvass the certificate of election had been awarded to Stubbs. The Court decided against Rosenthal. Not only this, but it decided against law, and against equity, and against justice. It based its de- cision upon the single point, that the State Board of Canvassers "had acted upon the question, and had adjourned without day" — that its functions had been fully perform- ed, and that as a body it was dead. Out- rageous as this decision was, the efiEect of it was, and will be, if adhered to, that when- ever the State Board of Canvassers or any other Board of Canvassers shall have acted upon any question properly before them, and shall have "adjourned without day." the action of such Board is final to that degree and extent that errors committed, either through ignorance, carelessness or villainy, cannot be corrected by the Courts. And that is all there was in the Rosenthal case. In Coffey County, 0. M. Rice and T. C. Ballinger were opposing candidates for member of the House of Representatives. The returns made to the County Clerk by the Judges of Election gave Ballinger 1,826 votes, and gave Rice 1,827 votes. Two of the County Commissioners, constituting a majority of the Board of Canvassers, and against the protest of the third member, when making the county canvass, deliber- ately altered the returns from Avon Town- ship, which had given and returned ninety- six votes for Rice, so as to make the returns read ninety-five votes for Rice, and then upon this forgery and fraud, with the re- THE MANDAMUS CASES. 13 tarns from the other precincts, the Cotinty Canvassers declared that Ballinger had re- ceived 1,826 votes, and that Rice had re- ceived 1,826 votes, making a tie between them. The County Clerk certified to the Secretary of State the vote as canvassed by the Commissioners of his County, and the State Board declared a tie to exist, and then proceeded "to cast lots," as they said, and of course Ballinger was suc- cessful, and received the certificate of election. It was a common remark at the time that the "casting of lots" was a mere farce. Mr. Higgins states in his official re- port that sixteen blank strips of paper, to- gether with two other strips (jn one of which was written "Populist" and the other "Re- publican," were put in the hat, and that the drawing took place from that hat until the slip with the word "Republican" upon it was drawn; and that meant the election of Ballinger. The people generally believed, and still believe, that of the eighteen slips that were put into the hat, eight or ten of them had "Republican" written upon them, and that all the others were blank, thus making Mr. Ballinger's election by the Hig- gins outfit certain. But when Mr. Rice dis- covered the fraud which had been committed by the commissioners of Coffey county, he comme-iced mandamus proceedings in the supreme court to compel the County Com- missioners as canvassers to meet and can- vass the votes for Representative as returned by the judges of election. Upon the hearing of this case the County Clerk and County Commissoners were required to attend and produce their records, and did so. The fraud and forgery respecting the vote of Avon township, as stated above, was then made apparent by the records themselves; but the supreme court denied the writ of mandamus, upon the theory, that a paper unknown to the law, called a tally-list, had been returned by the judges of election, which tally-list showed that Rice had re- ceived only 1,826 votes, and this decision was fortified by following the rule adopted in the Rosenthal case, namely, "the Board of Canvassers having adiourned without day," the Court was powerless to compel it to„reoonvene and correct the error, even if there was one And that is all there was of the Coffey county case. The decision of the Court upon both points was contrary to law, and was alike inequitable and unjust. The Jackson County case was this: The Legislature of 1891 assigned two Represen- tatives to Jackson County, but in making the apportionment the city of Holton was omitted from both districts. Under the law there was no more reason for believing that the city of Holton was in one district, than there was for believing that it was in the other district. In the Northern district Ed. Shellabarger and Nick Kline were opposing candidates for Representative. The election was duly held and returns were duly made to the County Clerk from every precinct in the district as the district had been defined by law, and such returns gave Shellabarger 629 votes, and Kline 554 votes. The return- ing officers for the city of Holton returned votes as having been cast in that city, some for Shellabarger, but a larger number for Kline, which votes, added to those cast in the district, gave a majority for Kline. The County Commissioners canvassed the whole vote, including that returned from the city of Holton, and the County Clerk, instead of certifying to the Secretary of State the vote as cast by Townships or Precincts, simply certified the total vote cast as ascertained and declared by the County Commissioners. Upon the returns so certified by the County Clerk the State board would, of course, issue the certifi- cate of election to Kline. Shellabarger, believing that it was the Legislature that created districts and made laws, and not boards of county commissioners or county canvassers, commenced mandamus proceed- ings in the Supreme Court to compel the Commissioners of Jackson County and the County Clerk to reoanvass the pote and to certify the facts as above stated. The Su- preme Court refused to ^''•ant the writ .of mandamus, holding, without any legal evi- dence to support the proposition, that the Legislature had intended to make Holton a part of the Northern district, and saying that the question as to whether Shellabarger or Kline should be admitted to a seat was one for the House of Representatives itself and not for the courts, concluded to exer- cise its "discretion," and refused the man- damus, which, of course, allowed the cer- tificate issued by the Higgins outfit to stand. This decision was wrong in this, that it is the duty of the County Canvassers to can- THE MAND. vass the vote from every precinct with- in the township, district or county cre- ated by law, for which township, district or county they constitute a Board of Canvass- ers. The County Canvassers have no more right to enlarge a Representative district than they have to enlarge their county and canvass votes outside their county. The decision of the Supreme Court was simply to let the outrage committed by the Com- missioners of Jackson county stHnd uncor- rected by judicial decision. And that is all there is of the Jackson County case. The Republic County case was this: The apportionment act of 1886 divided Republic county into two representative districts, numbering them respecti'^y- as districts seventy-three and seventy- four. The ap- portionment act of 1891 made Republic County a single district, and numbered it sixty-one. At the election of 1892 J. M. Foster and J. W. Wilds were opposing can- didates for Representative. In some of the township ■* votes were cast and returned for each candidate as having been cast in dis- trict numbered "73,"' and the county canvass so stated. The county clerk certified the canvass to the Secretary of State as made by the county board. The Higgins outfit added these together, and by so doing, gave the certificate of election to Foster, whereas, had they simply acted upon the vot s re- turned as having been cast in "district 61," Wilds would have been entitled to the certi- ficate. Wilds, not claiming that he had been elected by a majority of the votes cast in his county, nevertheless claimed that the error which was committed by placing the wrong district on the ballots was one which the State Board of Canvassers could not correct, but which the House of Repre- sentatives alone could determine; and so he commenced mandamus against the State Board of Canvassers to compel them to canvass the votes as returned to them by the County Clerk of Republic county, and award him the certificate of election. The Supreme Court held, and perhaps correctly in this case, that the designation of a district on a ballot was wholly unnecessary, and that the vote cast in the whole county should have been can- vassed as an entirety, and the result de- clared accordingly, and so refused the writ of mandamus asked for by Wilds. This case decided nothing except as already stated, that it is unnecessary to designate the dis- trict on the ticket or ballot These are the four cases which were de- cided it the Supreme Court before the Legis- lature met. They had not and could not have any effect whatever upon the organization of the House of Representatives, or upon determining the status of any member, or of any perty, except that in the Haskell and Coffey county cases, the court refiised to exercise the powers it possessed to correct a wrong which had been committed in the one case bj the County Clerk, and in the other by the County Commissioners. IN AUG OR iL DAY. A NOTABLE GATHEEING AT EEPEESENTATIVE HAIil. — THE END OF EEPUBLIGAN DOMINA- TION- "a Qi VEENMENT OF THE PEOPLE, BY THE PEOPLE AND FOE THE PEOPLE." — SEEDS OF DISOOED SOWN. On Monday, January 10, the entire ma- chinery of state wasr for the first time in the history of Kan^^as, surrendered by the Republican party, whose representatives in the various departments of the capitol build- ing reluctantly yielded the reins of govern- ment to the People's party. During the thirty years in which they had retained con- trol there was never such a monster demon- stration at the inauguration of a new Governor and a new administration as on this occasion, nor were the ceremonies ever before so imposing and significant. Chairman Breidenthal's invitation to the farmers to come to Topeka and see'the peo- ple's Governor inaugurated had been re- ceived with genuine approval, and was very generally accepted. Visitors from the agri- cultural districts of the Ptate, from the Blue to the Arkansas river valley, and from the Missouri to the foot-hills of the Rockies, came pouring in by hundreds and by thou- sands, filled with enthusiasm over their grand victory and anticipations of the glor- INAUGURAL DAY. 15 lous results to follow. There was probably never before suoh a gathering assembled in this commonwealth as that which at noon, on January 10, tilled Representative hall to watch the inauguration of Governor L. D. Lewelling. Each individual in the vast ohrong, whose sympathies were with the movement that had relegated Republican rule to the rear, felt, as one of the speakers expressed it, that the great common people were at last to see inaugurRted an adminis- ;ration of tlieirown, and that they would ive to see many a repetition of ;his scene in years to come. They :elt that it was "appropriate that in this rreat State of Kansas, where the first battle /as fought for the freedom of the black lave, the battle should be begun that is to ree the white slave." They who had en- lured oppression, persecution, and misrep- esentation, and who had borne the brunt of ihe battle, for once appeared as victors in a triumphed march whose glory was never squalled in the palmiest days of Rome. There were hundre<^sof Republicans pres- ent, too, and a vast number of ladies of every political party, while the entire roster if retiring state officials attended with the ibject of appearing to "take their medi- cine" serenely. Then there were the lead- ers of the now dominant party, whose ban- ners had led the Populist hosts to victory, and whose bosoms doubtless swellel with 'pride a ■ this magnificent ovation from their loyal and devoted followers. Among those who were the object of especial attention were John Willits, Judge Rightmire, Con- gressman Simpson, Levi Dumbauld, Dr. yicLallin, S. S. King, S M. Scott, Dick Dhase, S. H. Snider, J. R. Detwiler, Charles VEoody, Colonel F. J. Close, Messrs. House- tiolder and Yount, with a score of others equally celebrated for gallant work for the people's cause. Mrs. Mary E. Lease was the observed of all observers and there was also present a distinguished visitor in the person of Hon. A. J. Streeter, of Illinois, who in 1888 was the candidate of the Union Labor party for vice-presiri'^^t. Representative hall was superbly decor- ated and never looked so beautiful as on this occasion. The brightest evergreens en- circled with many a fold the electric lamps of the great chandelier suspended from the central ceiling, almost concealing that mag- nificent ornament from view. From this emerald mid-air bower — a miniature hang- ing garden of Babylon — cables of like ma- terial extended to the corners of the hall, the strands made firmer by knots of red rib- bon. More evergreens, fluttering flags and rich floral ornaments adorned the walls, while the speaker's stand was fairly buried beneath the lavish display of tropical plants and the whole was crowned by a great basket of choicest roses, resting on the desk of the presiding officer. Above the main entrance to the spacious room was the picture of John Brown, the hero of Osawatomie and of Harper's Ferry; on either side of the speaker's desk, the familiar likenesses of Washington and Lin- coln ; on the north and south walls, life size portraits of the ex-governors of Kansas, and, most conspicious of all, the state's great flag, its graceful folds lashed to the gallery pillars with wreaths of evergreen and roses. ' A. few moments befors 11 o'clock, the ladies of the Shawnee County Alliance ap- peared on the platform and unfolded to the view of the audience a gleaming banner of silk, trimmed with gold bullion and bear- ing, in letters of gold, the familiar motto of the Farmers' Alliance: A GOVERNMENT Of the People, By the People And For the People, Shall Not Perish. A. LINCOLN. At this sight a great shout went up, and the wave of enthusiasm rose still higher when there was displayed in the most prom- inent part of the hall, a life-size portrait of Governor Lewelling, done by a Topeka artist. Oh, it was a glorious day for those loval people who had stood up for Kansas in her hour of peril, and at a time when the ruling power had reduced them to the condition almost of serfs, while yet retaining as sov- ereign citizens of the Republic, a full knowl- edge of the grievous wrongs to which they had been subjected. INAUGURAL DAY. The hands of the big clock in Represent- ative Hall had barely met at the meridian hour, when Governor Lewelling, accompan- ied by Mrs. Lewelling, and their daughters, Jessie and Pauline, entered the room, closely followed by the new State ofl&cials, and these in turn by Governor Humphrey and the retiring ofl&oials of the outgoing administration. Hon. John W. Breidenthal, chairman of the People's,Party State Central Committee, called the assembly to order and said: Vve have assembled here to witness the inaujjural ceremonies of the first People's party administration on earth. That the new party will have the good will of the people of Kansas is made evident by the magnificent audience which greets us here to day. He then introduced the Rev. W. G. Todd, who in a brief prayer implored the Almighty that the men who had been given control of the affairs of state might prove to be men who could stand for the right and the truth, whatever temptations should confront them. Governor L. U. Humphrey was then in- troduced by Chairman Breidenthal, and, ac- companied by his successor, advanced to the platform amid the heartiest applause. His farewell address gracefully recognized the fitness of his ''worthy successor" to meet the high responsibilities of the ofl&ce, which he said he surrendered with pleasure and satisfaction. In conclusion, Governor Humphrey said: "I have now the pleasure and satisfaction of introducing to you my honored and worthy successor, Governor Lewelling." This was the signal for an outburst of applause that made the walls fairly tremble, and as Governor Lewelling advanced to the front of the platform the cheering assumed an increased vigor, while many of the more enthusiastic partisans present threw their hats in the air and in other ways evinced their feelings of joy. The Governor's inaugural address was delivered with an earnestness, ease, grace and eloquence that won the cordial approval of even his bitterest opponents, and at its conclusion his adherents felt that their standard bearer was in every way worthy of their trust and had vindicated the high cause for which they had striven so long^ so earnestly and so successfully. At the oonolnsion of his address the oath of office was administered to Governor Lewelling by Chief Justice Horton, and the formal announcement was made that he was now the chief executive of Kansas. , j The great seal of state was handed over to i Governor Lewelling by his predecessor, and the several officers of the new administra- tion were successively introduced by the retiring incumbents and took their official oaths, each placing his right hand upou the Bible, and afterwards imprinting a kiss upon the Book. The inaugural exercises occupied exactly an hour, within which brief time a change was made that is destined to work favorably, for all time to oome, to the welfare of the people of a commonwealth which in breadth of territory, natural resources and popula- tion surpasses the majority of the king- doms, principalities and grand duchies of the Old World, and which to-day is known by name more widely in foreign lands than even the Great Republic of which it is but one of the forty- four sovereign states. The details of this day's proceedings have been dwelt upon at this length because it is felt that never in the history of Kansas was there an occurrence of so much significance- to the people, not only of Kansas but of the whole American Union. It was the first signal triumph over plutocracy, the knell of , corporation rule, the ushering in of a new I era. Once more could it be truthfully said, " The Lord has turned again the captivity of Zion." Those who were present on this oc- casion will hand down to their children and their children's children, a legend that will be cherished as sacredly and redound as greatly to the credit of the chief actors in the bloodless revolution by which Kansas was redeemed, as fell to the lot of the de- scendants of the Pilgrim Fathers, the sign- ers of the Declaration of Independence, or the heroes of 1776, who freed this nation from foreign rule. On the evening of Inaugural Day there was another notable gathering at Repre- sentative hall, when the auditorium and galleries were packed with loyal adherents of the new dominant party and patriotic speeches were made by orators who had during the campaign made their influence felt throughout the State. Thus closed a day that will be memorable so long as THE OVERT ACT. history shall' chronicle events vitally affect- ing the welfare ot the people, and yet, while there was not a sin rjle incident sug- gesting aught bat peace aud good will throughout the entire programme, the organ of the corporations next morning announced "A Collision Likely," and^ sowed the seeds of discord whose rank growth during the ensuing week was destined to place Kansas before the world in the light of a com- munity in which anarchy reigned supreme and law was more lightly esteemed than the thistle down that floats hither and thither at the mercy of the soutn wind in the summer season. THE OVERT ACT. THE OBGANIZATION OF THE HOUSE OF BEPP.E- SENTATIVES — BEVOLUTIONAEY OONDTJCT OF THE i^EPUBLIOANS — LAW AND PEEOEDENT DEFIED — THE POSITION OF THE PEOPLE'S PAETY — BIBTH OF THE DUAL HOUSE. High noon of January 10 was the hour set for convening the Lower House of the Kan- sas Legislature, which, because of the re- markable condition of affairs already out- lined and of the determination of the Republican conspirators to capture the or- ganization, was destined to have the most turbulent career of any similar body ever assembled in the state. For weeks the agents of the corporation party had spread broadcast at home and heralded abroad through the medium of special correspondents, the report that seri- ous trouble, if not an actual collision be- tween armed factions, would attend the organization of the House of Representa- tives. Open threats were made and boast- ful and exaggerated claims indulged in, which had the effect of awakening unprece- dented interest in the preliminary proceed- ings. It was apparent that every means would be resorted to by the Republicans to secure control of this body and in order to cover their own insidious designs they gave it out that their opponentsjwere massing a; armed force at the capital to overawe tb authorities and seize by force of arms th( right and power»with^which they had bee entrusted by the vote of the people at tl November election. It had undoubtedly been agreed beforehand by the Republicans, that, if necessary, force should be resorted to and these rumors were designed to give a color of excuse for-strikingSanother blow at the liberty of the peoplejand inausurat- ing civil war in Kansas. The elaborate decorations of the hall which still remained as on Inauguration Day— the evergreens and the flowers, the flags and the banners, the?portrait? of Wash- ington, ot Lincoln, and of |" Osawatomie Brown," as well as the pioneer ^Governors of the Sunflower State — seemed a hollow mock- ery in view of the menacing aspect of the situation. The floor of the House^^jwas; reserved for the members andofficers,.while the ^galleries, open to the public, were filled to their ut- most capacity, and many^who'^ held tickets were unable to obtain admission jby reason of the dense throng, which jinciuded many ladies interested in the proceedings from one cause or another. Their presence and that of so large a number of^ distinguished Kansans, reminded one insensibly of the magnificent description givenllfby Macauley of the trial of Warren Hastings. For "the fair-haired daughters of the House of Bruns- wick" were substituted the no less fair daughters of the Sunflower State, while the judiciary and state- craft were equally well represented. Among the first to appear on the flooi were Messrs. Rosenthal and Stubbs, the former of whom was, especially, an object of attention to those interested in th e out- come. It was precisely 1:30 o'clock when Secre- tary of State Osborn appeared with the duly- certified roll of Representatives elect, as shown by the records in his office, and rapped the House to order. He explained that, in accordance with the precedents long ago established in Kansas and other com- monwealths of the Union, it was the unani- mous desire of the Representatives of the People's party that he should act as presid- ing officer, pendingjthe temporary organiza- 18 THE OVERT ACT. tion of the Kotise, and made, in substance, the following stateme Gentlemen of Kay:; law requires me to lay before the Senate and House of Representatives a list of its members as shown by the returns in my office. It has beea •"..i^tomary. as I understand, in the past, for :he =eoretary of stnteto act as presiding officer prior to effecting temporary organi- zation, but as I find no law conferring that atith'"-i+ '-nm. me, I do not care to usurp or a>sii , - by unanimous consent. Scy.i..,c:i^, '.x-:-x Secretary Osborn comple'^ed the statement of his position in the premi- ses, when George L. Douglass, of Wichita, the oa:;.7r.s nominee of the Republicans for Speaker, and in a measure regarded as the leader of that- faction ofr.tlie floor of the new House at that instant ushered into ex- istence, arose and, addressing the Secretary, plunged without delay into the vital ques- tions involved in the organization. He assumed boldly that it was not the preroga- tive of the Secretary of State to continue to act as presiding officer after having laid be- fore the House the roll of members as re- ported to his office, irnless called upon by a majority of the House to do so. Mr. J. M. Dunsmore, of Neosho, repre- senting the Populist side, secured recogni- tion and, addressing the Secretary of State, insisted that, in accordance with precedents long established, the Secretary should act as the Chairman, pending the temporary organization. He argued that the recogni- tion of Secretary Osborn by Mr. Douglass had already made him the de feieto Chair- man of the body, and took the ground that objections to certain names on the roll of members should be heard and passed upon before the roll was regularly submitted. Mr. Douglass, in reply, urged that there was no warrant or authority for the Secre- tary of State acting as temporary chairman of the body, and insisted upon his objections being held good, and that the Secretary lay the roll before the House before reading it. Mr. Dunsmore, in answer to this, said that, in accordance with recognized rules and precedents, the Populists believed it to be their right to challenge the name of any person appearing upon the roll whom they had reason to believe was either not duly elected to a seat in this House, or who for any reason was disqualified to occupy the same He further submitted the following'' proposition: .^ "We," meaning the Representatives of^ the People's party, "are willing that a tem- porary organization be effected by the votes of members elected whose seats are not dis- puted, or by the votes of all persons claim- ing seats in this body in good faith." This proposition wa§ rejected by Mr. Douglass, representing the Republicans, and thereupon the Secretary of State said: "I repeat again that the law requires me to lay before each house a list of its mem- bers. I have just performed this duty in the Senate, where I found a presiding officer to whom I delivered the list. Whenever this House has a presiding officer to whom I can deliver the list, and I am apprised of that fact I shall appear before you again, and de- liver the official list to such officer." Secretary Osborn thereupon retired from the hall and left the assembled claimants for seats in the House of Representatives without any person to whom they could ad- dress themselves for the purpose of making motions or otherwise providing for a tem- porary organization. It was at this juncture that Hon. R. H, Semple, of Franklin, one of the duly elected! and qualified Representatives, whose st^atV was not in dispute, appeared at the Speaker's desk and taking up the official gavel assumed the authority of calling the House to order. This, it is claimed, "he had a right to doj|fi upon that fundamental and universally! recognized rule of the common law that he| who is first in time is first in right, Mr. Sem pie's only object being to call the House t0| order and preside until a temporary Chair- man was elected. This eminently proper course was, how, ever, by no means in accord with the wishei of the Republican leaders nor conducive t the success of the conspiracy. As is no^ apparent, they had intended from the out set to subvert the will of the people of Kan sas, in obedience to the desire and dictatioi of their corporation masters, and the tim had arrived for the commission of the over act by the prevention of a fair aad impartia. investigation into the rights by which th* seats were claimed in this House. To thii end they had provided themselves with £ certified copy of the report of the retnrninfl THE OVERT ACT. ID board, which one of them had in his posses- sion in anticipation of that which next oc- curred and which they had previously planned. Immediately after the assumption by Mr. Semple of the position of temporary presid- ing officer, George L. Douglass sprang to his feet and nominated Mr. Cnbbison, of Kansas City, Kan,, for temporary chairman. The Republican representatives and Repub- lican claimants voted for Mr. Cubbison unanimously and that moment the dual House of Representatives was born, and the complications, perplexities, wrongs and in- justice that were to be heaped upon the op- position for weeks to come were inaugur- ated. Each of the presiding offica. s began rap- ping for order and in the twinkling of an eye the body was precipitated into a perfect bedlam of oonf usion. Each speaker shouted at the top of his voice in the vain effort to drown the voices of competing speakers and render their motions unintelligible. A ver- itable pandemonium ensued, in which every- body seemed to be talking without anybody being heard. There was immiaent danger of a resort to personal violence, which was averted only by the coolness and prudence of the Representatives of the People's party. In the midst of the confusion Mr. Cubbison entertained a motion from the Republican side of the House that a roll of members be read, and the duplicate list of the returning board was produced and its reading was proseeded with. Both sides of the House, in which a com- plete division had by this time taken place, now began the work of perfecting a per- manent organization. Chairman Semple was succeeded by Mr. Ryan, of Crawford, who had been chosen temporary Speaker, who, in turn, gave way to Mr. .J. M. Dunsmore, elected permanent Speaker of the House, Mr. Sample being elected Speaker pro tern, v George L. Douglass, the regular caucus nominee of the Republicans, was chosen permanent Speaker of the rival House. Each of the contending factions appointed a committee to wait upon the Governor and notify him that the House was duly or- ganized and ready for business, and pend- ing the recognition of the legal House by the executive, the members settled down for a struggle that was to be as protracted as it was unprecedented in the exciting events at- tending it. In arrogating to themselves the right to organize the House, and pretending so tc organize it by themselves, the Republicans were guilty of gross usurpation and of the violation of every law and precedent. They left to the Representatives of the People's party no alternative but to either unjustly surrender their rights, or t ) firmly assert by- legal and proper means that they had duly elected a majority of the members of this House, the undisputed evidence of which is to be found upon their journal. In an authorized statement of the pro- ceedings and rights claimed by the House of which -J, M, Dunsmore was Speaker, which statement was adopted in the form of a res- olution, and appears upon the House Jour- nal (pages 140 to 146) the following prece- dent is quoted: It must be remembered that this is not the first occasion that like conditions confronted a legislative body; we are, therefore, not without precedent in this case. . At the or- ganization of the twsnty-sixth congress, the seats of five members from New Jersey were contested; they held the certificates. The contestants claimed to have been elected. The clerk, having called the roll until the ntimes of these members ware reached, re- fused to proceed further until the House should instruct him which set of names should be called, as the New -Jersey delegation. If the certified members should be set side, the ad- ministration party would have a majority, and could organize the house; otherwise the opposition could elect the speaker. Motion after motion was made, but the clerk refused to put any motion, because he could not de- cide who werei members entitled to vote. There was a dead-look for several days, during which occured a memorable debate, participated in by some of the ablest men then known to the country. Finally the unorganized house, embracing both New Jersey delegations, organized as a meeting by choosing John Q. Adams as chairman ; b ut a motion having been made, and the chair having appointed tellers, one of them inquired which set of members from New Jersey he should count, and the chair having stated that the certificated naembers should be counted, the struggle began again, and an appeal from the the chair's ruling having been de- manded, the chair declined to entertain the appeal, inquiring in his turn who should vote on the appeal. At last it was decided by a majority of undisputed members that 20 RELATIVE STRENGTH OF PARTIES. neither set of members from New Jersey should be permitted to vote for the time be- ing. (See Eighth Congressional Globe.) It will be seen that the same identical proposition was submitted by Mr. Dunsmore for the People's party, and rejected by Mr. Douglass for the Bepublican party. The thorough investigation made after the organization of the House presided over by Mr. Dunsmore, and the appointment of the Committee on Elections, deanonstrated beyond question the fact that the People's party did elect the constitutional majority of the House of Representatives, the char- acter of the testimony in support of this as- sertion being shown by an examination of the journal records of the House. RELATIVE STRENGTH OF PARTIES. WHAT THE FACE OE THE BETUENS SHOWED — TWENTY-FIVE CONTESTS INSTITUTED — THE CLAIMS OF THE PEOPLE'S PAKTV GBEATLY OUTWEIGH THOSE OF THE COBPOEATION OONSPIBATOKS. While both Houses are "sleeping on their arms" at the close of the first day's riotous session, it may be well to glance briefly at the respective strength of the contending parties and some of the claims advanced by each. While the face of the returns showed the ©lection of sixty-five Republicans, fifry- €ight Populists and two Democrats, these figures do not denote the precise status of the rival Houses. The revolutionary body presided over by George L. Douglass consisted of sixty-three Republicans, with whom Wilson, of Meade, elected on an Independent ticket, acted, making a total of sixty-four certificated members. The legal House of Representatives, pre- sided over by J. M. Dunsmore, included fifty- eight certficated members. Notwithstanding the decision of the Su- preme Court, by which Mr. Rosenthal was deprived of his certificate, the announce- ment by his opponent, Mr. A. W. Stubbs, that he would refuse to attempt to take his seat under any circumstances, left Mr. Ros- enthal a clear field, and he, together with Messrs. Meagher and Chambers, the other two Democratic Representatives, decided to stay out of all caucuses and act with neither faction for the time being. On the part of the People's party eighteen contests had been instituted, and on the part of the Republicans seven, and the posi- tion of the former was that there were twenty-five members contesting seats whose names should not be called. The facts in four of the contests instituted by the Popu- lists have been outlined in the decisions of the Supreme Court to which they had been taken earlier, and that of a fifth in the case of the Republican resident of Oklahoma al- ready referred to in detail. Six claimants to seats in the House were, at the time of the election, holding positions as postmas- ters, of whom four were Republicans. As the constitution expressly declares that "No member of Congress or officer of the United States shall be eligible to a seat in the legis- lature," the Representatives of the People's party claimed that the candidates receiving the next highest number of votes were en- titled to the seats aspired to by the ineligible candidates; that due notice of their dis- qualification had been given their constitu- ents, so that the customary rule of no election in such cases did not apply, and on other equally strong grounds. As to the remaining contests, they were based upon the grounds of bribery, illegal voting and gross irregularities upon the part of the returning boards by whom the votes in the several districts were canvassed. On the whole it will be apparent even to the casual reader, who is unfamiliar with the infamous record of the Republicans of Kansas during the exciting events attending the election and the organization of the lower House, that the claims of the Peo- ple's party greatly outweighed those of the Republicans, and that had an investigation resulted in a favorable decision in a mi- nority of the cases cited the Populists would have had a fair working majority in the House. Because of the arrogant and unwarranted usurpation of power by the Republicans, ten of the Populist contestants, whose eleo- THE SENATE ORGANIZATION. 21 tion was established beyond the peradven- ture of a donbt, were granted like privileges on the floor of the House presided over by J. M, Dunsmore, to those accorded claim- ants whose seats were in dispute on the floor of the House of which George L. Douglass was Speaker, thus making a total of sixty- eight Populists answering to roll call on that side of the House on the second day of the legislative term. These ten mem- bers were: J. W. Howard, of Doniphan County, 0. M. Rice, of Coflfey County. D. M. Howard, of Shawnee County. Ed Shellabarger, of Jackson County. V. Gleason, of Greenwood County. W. H. White, of Morris County. H. Helstrom, of McPherson County. 1. N. Goodvin, of Ness County. F. B. Brown, of Grant County. John Morrison, of Gray County. Under the existing coo dition of affairs at the time of roll call in the rival Houses on Wednesday, January 11, their relative strength was: Populists, sixty-eight: Re- publicans, sixty-four, including Wilson, In- dependent; not participating, three, being Messrs. Meagher, Chambers and Rosenthal, Democrats. THE SENATE ORGANIZATION. NO SEBIOUS OOMPLIOATIONS AEISE IN THAT BODY —A GOOD WOBKING MA JOBITY I OE THE people's PABTY — FIVE BEPUBLIOAN SEATS CONTESTED. Here it becomes necessary to go back a little and merely allude, for the sake of the nninformed reader, who was not at the time following the course of events, to the fact that the organization of the Senate was effected without any complications of im- portance interrupting the proceedings or marring the dignity of that august body. At 12:10 p. m. on Tuesday, January 10, the Senate was called to order by Lieutenant Governor Percy L. Daniels, and the oath of office was administered to all the members except Senator Price, who was absent, by Associate Justice Allen, of the Supreme Court. Senator L. P. King was elected President pro tern., and the full roster of officers was chosen before adjournment. The personnel of the Senate was as fol- lows: People's party, 22; Republican, 15 Democrats, 3. Contests were instituted in the case of five Republican Senators, viz: Scott, of Allen Carpenter, of Neosho; Danner, of Harvey Thacher, of Douglas, and Metcalf, of An- derson, but with these our narrative has lit- tle or nothing to do, as the political com- plexion of the Senate remained unchanged throughout the session, and the field to which the great struggle was confined was limited to the House of Representatives. EXECUTIVE RECOGNITION. GOVEENOE LEWELLING COMMUNICATES WITH THE SPEAKEE OF THE POPULIST HOUSE — OUTSIDE INFLUENCE BEOUGHT TO BBAE TO WIDEN THE BEEAOH BETWEEN THE TWO HOUSES. During the night of January 10, the dual House having remained in continuous ses- sion, Messrs. Dunsmore and Douglass slept behind the Speaker's desk while the mem- bers maintained a constant vigilance to prevent either of the opposing factions se- curing any advantage over the other. At 10 a. m. on Wednesday, January 11, both Houses were called to order, an ad- journment was taken by each to complete the legislative day, and roll call immedi- ately opened the second regular day of the session. The only incident worthy of note was the adoption by the revolutionary Republican House of a concurrent resolution authoriz- ing a committee consisting of two members of the Senate and three members of the House to wait on the Governor and State officials and inform them that the House and Senate were duly organized and ready to proceed with business. This had been done on the preceding day by the Dunsmore house, and the matter of EXlJCUTIVE EECOaNITION. recognition oi one or the other branches of the dual House was taken under advise- ment by the Executive. By muttial consent there was a cessation of hostilities, the hope that a compromise satisfactory to all parties might be ar- rived at having sprung up. A com- mittee of fifteen, consisting of five representatives of each of the political par- ties, met in conference, and pending its re- port both Houses adjourned until 9 a. m. on Thursday. The Senate, meantime, had refrained from recognizing a messenger from either house. The tenacity with which the- conspirators adhered to their plan of precipitating vio- lence was shown by their organ, which, on the morning of this day, declared it to be the plan of the People's party to obtain re- cognition by the Governor and the Senate and then throw out the Republicans by force. If proceedings are commenced in the Supreme Court, added the Capital, they will impeach one of the Judges and run things to suit themselves. The following paragraph, calculated to widen the breach between the two houses and prevent an amicable settlement of the difficulty, appeared in the same paper: Jerry Simpson said last evening that every able-bodied Populist in Kansas would be called out if necessary to take forcible pos- session of the House. On the following morning was published an appeal, signed by A. A. Harris and J. B. Crouch, leaders of the self-stj4ed Stalwart Democracy of Kansas, and generally recog- nized as assistant Republicans. It was ad- dressed to "Hon. T. G. Chambers, Stephen Meagher and Joe Rosenthal, House of Rep- resentatives, Topeka, Kan.," and urged them to unite their energies and action with the Republicans. In servile obedience to this Stalwart ukase, Messrs. Meagher, Chambers and Ro- senthal on this day (January 12) signified their allegiance to their masters by taking their seats with the Republicans. On the same day the Reed rule was adopt- ed by the Populist House and thirteen Re publicans were reported by the clerk as present and participating in the proceed- ings. The great sensation of the day came, however, when at 5:20 p. m., several hours after the three Democrats ha>. so ignomin- iously surrendered to the Republican con- spirators, the official recognition of the House presided over by Mr. Dunsmore came from Governor Lewelling. The message was brought to the hall by the governor's private secretary, Major Fred J. Close, ana was by the chief clerk read to Speaker Dunsmore of the legal House, amid the most perfect quiet. It was as follows. ToPEKA, Kan., Jan. 12, 1893. J, M. Dunsmore, Speaker of the House of Representatives : In answer to your communication sent me January 10, 1893, notifying me that the House was organized with J. M. Dunsmore as Speaker, R H. Semple as Speaker pro tem., Jen C. Rich Chief Clerk, L. F. Die =. Sergeant-at-Arms, and ready for business, I desire to say that I will communicate with you later in writing. L. D. Lewelling, Governor. The reading of this message was followed by the wildest cheering from the Populist members and their friends, as it was thought all controversy concerning the or- ganization was thus brought to an end, and that all danger of serious trouble was hap- pily averted. At 6:30 p. m. by amicable agreement both Houses adjourned until 9:30 a. m. on Friday. In the Capital of January 13 appeared the following double-leaded call for "A Public Meeting": It has been suggested that it would be well for the citizens of Topeka, regardless of party, to call a mass meeting to protest against the use of gubernatorial power aid- ing the revolutionary spirit now rampant on the Populist side of the lower House. The people of Kansas should meet and discuss the situation in every city and village in the State. Let the protests of the people be made for the sake of the credit and good name of the State. The people have a right to protest against anarchy and revolution now threatened. Let us have a meeting in Topeka. In the face of the peace and quiet prevail- ing in Representative Hall, of the negotia- tions that had been entered upon for a set- tlement of all differences, and of the recognition twelve hours before of the Dunsmore House by Governor Lewelling, a more incendiary and dangerous utter- ance could scarcely have been published. It reveals the alarm of the corporation con- spirators lest their plans would be frustrated and demonstrates plainly the persistent and insidious effort they were making to bring OVERTURES FOR PEACE- 23 about an open collision, which they de- isigned to use as a cover for more desperate Jmeasures to overthrow the legally-consti- tuted authorities and reverse the mandate of bbx- people of Kansas as expressed at the polls in November. OVERTURES FOR PEACE, EEPKESENTATIVE COEUN'S PEOPOSITION— FOE- MAL KEOOGNITION OF IHE POPULIST HOUSE BT THE SENATE — ''THE OOUBTS WILL TAKE A HAND IN THE GAMe" — NO HOPE OF AGBEE- MENT. Friday, January 13, was a day of compar- ative quiet. On the whole, it saw the position of the Populist Representatives materially strengthened. The papers in the mandamus proceedings instituted in the 'Supreme Court Thursday evening by Speaker Douglass to compel Secretary of State Os- b^orn to deliver to the Republican House ail the depositions and other documents in the contests pending for seats in the House were withdrawn early in the morning by the Re- publican attorneys, it being discovered that they had already been turned o'«'er to the legal House, and that the attempt to compel an officer to deliver papers that were not in his possession was a farce. During the ses- sions of the dual House the floor and gal- leries were packed to suffocation, as public interest in the struggle had been roused to the highest pitch. There was no clash be- tween the contending forces. In the Senate, President Daniels recog- nized Benjamin C. Rich as Chief Clerk of the House of Representatives, and on ap- ipeal the Chair was sustained in such recog- nition by a vote of twenty-three to sixteen. Several of the Senators iiled protests and a general protest was filed by the Republicans. The Republican members of the confer- ence committee reported that all attempts to bring about a settlement had been unsuc- cessful. The formal recognition of the j. opulist House by the Senate as the ' . Representatives of the State or i\>Lu^-\^ cr.me on the iifth legislative day,.Jau«ary 14,when, after a heated debate, the concurrent reso lution previoiisl; i'a-jed by the House was adopted by a vote of 22 to 17. Senators Rodger.,-; and Householder were apooiuted as members of the joint committee, and immediately left the Senate chamber with the members of the House to wait upon the Governor, and announce that both Houses were organized and ready for biii-iuess. On their return they reported that the Governor would transmit his message to both Houses on Tuesday morning at 10 o'clock. And so the week closed with the House over which Mr. Dunsmore presided recog- nized by the Governor and the Senate, and in both law and equity the legal House of Representatives ox the State of Kansas. And on this very day it is recorded b\ no less authority than the Capital, there was made "A proposition for a peaceable settlement of the controversy between the Populists and Republicans, which gives more promise of success than any that has yet been made. It came from the Populist House, and looks to an adjustment of the difti 'ulty without the interference of outside influence." The proposition referred to was pre?ented by Representative Cobun, a Populist, and adopted by the legal House, being in the form of a resolution, as follows: Resolved, That in the interest of harmony and the hope of a peaceable settlement of present difficulties now pending m the House, that the Souse oo now adjourn to meet at the hour of 4 o'clock, Monday, January 16, 1893, with the mutual under- standing that no persons shall be admitted to the floor or galleries except the iflembers and those having contests. In offering this resolution Mr. Cobun said; "We have been riding upon the waves of excitement here for nearly one week. I express the sentiment of a large naajority of our side of the House when I say we want to settle this difficulty; we do not intend to deprive you of the opposite side of the House of your rights, nor do we propose that you shall deprive' us of our rights. I say that this can be settled, if we can get together free from ail outside in- fluences; clear this floor of all persons ex- 24 OVERTURES FOR PEACE. cept members and those who have contests and if wo can, find some peaceable way out of this trouble. I believe the whole State of Kansas wants to see just such a settle- ment. This is no time to publish resolu- tions calculated to inflame the people, but it is a time for calm thought." Mr. Hoch,'of the Republican House, said: "I am in perfect accord with the remarks from the member on the other side. I have come to believe that we are as fine a body of men gathered here as could be gathered from the State of Kansas. Had these differ- ences been left alone to the members of the floor, gathered' here:ap a legislative family with no outside interference, these differ- ences would ilong since have been settled. When in the^spirit of friendliness we shall meet here'to settle these things among our- selves, we will, in! my opinion, succeed." It is further recorded that "the resolution ■was adopted and!!the House adjourne'1 " It is evident that at this time, in the ab- sence of anger and partisan excitement, Mr. Hoch, who wasjthe recognized leader of the Republican House, did not regard the mem- bers of the rival House as "Anarchists," 'Revolutionists" or "military satraps." And the way the party organ aided in furthering the design , to avoid "the inter- ere nee of outside influence' was by descant- ing in its tjunday 'morning issue on "the utterly lawless methods adopted by the Populists," in condemning "the military control of the House,' in publishing a man- ifesto frona Speaker Douglass and the Re- publican House in which the Governor was denounced as "a violator of right and jus- tice,' and the Populist members as "usurp- ers attempting to' hold seats in the Legisla- ture in violation of the Contstitution of this State," and appealing to "the patriotic people of Kansas," a very wide range of "outside influence," not to lay at their doors "the bleeding corpse of liberty, and point- ing to enthroned usurpation and revolution, exclaim: 'you men are responsible for this.' " Of a truth, in.th ose days the jewel of con- sistency was in the possession of neither the Republican press, nor the Republican legis- lators. In this same Sunday morning paper ap- peared, as a further evidence of the desire of the conspirators of whom its editor was the spokesman to meet the Populists half waj in their effort to bring order out of chaos, the fourth installment of that drivel- ing idiocy and^ illogical hogwash known as "Letters to Governor Lewelling," — two col- umns of ''insult Hdded to injury," with this gratuitous suggestion: "The Ben Rich House may continue to play at lawmaking, huithe courts ivill take a hand in the game before this thing goes much farther." The italics are our own. Even while os- tensibly negotiating for a peaceful settle- ment, the Capital showed the hand of the conspirators and foreshadowed that which ultimately came to pass, when the courts did take a hand in the game with a vengeance. This is a fair sample of the manner in which were received all the overtures for peace made by the representatives of the People's party. There could be but one re- sult expected in the face of such downright duplicity and treachery. It was announced in the very next issue of the Capital, which ( had gone out of its way to interfere where ' "outside interference" was otficially depre- catea by both sides^of the dual House. The rival Houses of Representatives are as far apart as they ever were, and the out- look for an amicfible adjustment of differ- ences is far from encouraging. * * * At this time it looks very much as if there would be two Houses throughout the ses- sion. This was literally "the whole thing in a nutshell," and ; for it the Capital and the clique of conspirators representing the rail- road and bank corporations in the political arena are responsible. On Monday, January 10, the House met as provided for in Mr. Cobun's resolution, and on motion agreed to hold an informal meet- ing with the view, if possible, to devise some means to bring about a peaceful solution of the existing difficulties. This meeting re- sulted in the appointment of a committee of three from each side, which committee im- mediately went into ns who were not elected, and some of whom had been defeated at the polls by ma- jorities of 600 to 1,000 votes. This was done by Ben G. Rich, wiihout 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 no- tice 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, rook their seats in the lawful House of Repre- sentatives, and have since uniformly ad- hered, and still do adhere to it as the only Heuse of Representatives known to the constitution and the laws. If the proceedings by means of which the body over whioh you preside was organ- ized should ever be acquiesced in by the people of Kansas it would be the end of regular, orderly and constitutional govern- ment in this commonwealth. The fact that the Governor and a ma- jority in the Senate have so far succumbed to the pressure of party oont^idera ions as to countenance such a proceeding in no wise changes the fact, except as it intensi fies the obligation and emphasizes the duty of all law-abiding citizens to protest against it. Such countenance by the executive and the Senate cannot annihilate or destroy the legal and constitutional House of Repre- sentatives, chosen by the people to do the people's will, rhe powers of the executive and the Senate are many and great, but the power to perform miracles is not one of the>Ti, and, despite all assertions to th' contrary, it remains true that they a- powerless either to create a majority out the minority or to destroy by their fiat constitutional and lawful body of the resentatives of the people. I take issue with your assumption that tL courts have no power to determine whethe an alleged act of the Legislature was ever in fact passed by the Legislature of the 8tate or by some other body. The prime duty of the courts, where the validity of a statute is called in question, is to ascertain whether the constitutional requirements have been observed in its pas-age; and if they find that, iuBtead of such observance, the constitution has been trampled under foot and that the 'alleged act has not been passed by the law- ful House but by an usurping body, it is the highest duty of the Court to so declare. Such declaration, far from being an evi- dence of partisanship, would be a mark of that integrity, fidelity and devotion to duty which characterizes the American judiciary. It is true that the constitutional House of Representatives cannot legislate without the concurrence of the Senate, and it is equally true that the minority body over which you preside cannot effectually legislate even wi.h such concurrence. It is also apparent to every thinking man that any attempt to so legislate must, in the course of a few weeks' time, come under the final review of the courts, and if the deter- mination by the courts of the questions in- volved should be in accordarice with what I have no doubt to be the 1 w, it will ulti- mately necessitate an extra session of the Legislature with the attendant expense and burden upon the people. Under such cir- cumstances it would seem to be a 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 are as 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, regard- less of temporary and partisan considera- ACTIVE HOSTILITIES. tions, re?pects and obeys the law. Regard for law is the bulwark of free institutious. If the law be defective, as some of our statutes unfortunately are, it is our duty as legislators not to over-ride and over-throw the law, but to patriotically set about reme- dying 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 pre- vent 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 unworthy reflection upon the integrity and character of the Democratic and Re- publican members of the lawful House of Representatives involved in your assertion that in this struggle for law and order they :-e prompted and directed by the railroads ctnd other corporations. You will yourself recognize the peculiar impropriety of^this when I recall to you the fact that on~ the 12th day of this month, after conferring with many of the members of the House, I offered (in event of the then proposed ad- justment 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 lo securing an honorable adjustment of the present difficulties, to the end that legislation may proceed. But any adjust- EQcnt which involves assent to the extraor- dinary methods whereby the body over which you preside was organized is and will remain an impossibility. The members ©f the lawful House of Representatives propose to maintain to the end the laws and constitution of Kansas. They are willing to negotiate upon matters of less moment, but they will never sacri- fice 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, tbe principle of con- stitutional liberty which is now at stake. ' Let there be no misunderstanding, there- fore, as to their position. With the best of personal feeling, I beg leave to assure you that the constitutional House of Repre- sentatives is here to perform the high du- ties entrusted to it by the people, and here it will remain. Very respectfully yours, Geo. L, Douglass, Speaker. In reply to this manifesto of the Republi- can Speaker, to the reading of which Speaker Dunsmore had listened attentively, and which the Republicans endorsed by resolu- tion, promising to stand by their leader to the end, Speaker Dunsmore, at its conclu- Bion said: "In answer to my friend's com- munication I have fonly to say that actions speak louder than words, " f""" — i ^i^^,^ ACTIVE HOSTILITIES. CHIEF OLEEK EIOH, OF THE POPULIST HOUSEy AEEESTED BY EEPUBLIOAN DEPUTIES — A EE- MAEKABLE SCENE ON KANSAS AVENUE — EICH EESCUED— OMINOUS THEEATS— THE SHEEIPF EEFU8ES THE GOVBENOE's DEMAND FOE PBO- TECTION FOE MEMBEES OF THE POPULIST HOUSE— THE APPBOPEIATION BILL SIGNED B THE GOVEENOE— AETZ CONFIEMED AS ADJU TANT GENEEAL. It would be strange, indeed, if, after 8< protracted and bitter a struggle on the par of the representatives of the People's parti to maintain their legal rights, and th' dogged determination of the Republicai conspirators to accomplish their purpose, f permanent truce could have been established The astonishing patience and forbearance of the Populists if alone to be credited with so long averting a collision, which their op- ponents more than once sought to force upon them, a fact which the lapse of time since the exciting events of this Legislative session serves but to bring out more promi- nently. Following the exchange of com- munications between the two Speakers re- lated in the preceding chapter, there was a period of comparative quiet, and on the surface it appeared that the dead-lock would continue throughout the session. It was, however, but the calm which pre- cedes the storm. The clouds were already gathering, and the observant watcher kne^ the tempest would break before many days. In pursuance of the plan agreed upon by the Republican leaders, the crisis was to bt brought about by harraseing the Populis* House, the method of procedure being in. dicated by the following article in the Capi- tal of January 19: The next move on the part of the Repub- licans will probably be to prosecute Chief Clerk Ben Rich, of the Populist House, for forgery and mutilation of the official roll of ACTIVE HOSTILITIES. 35 the Secretary of State on the day of the or- ganization of the Legislature. The chief conspirator in the organization of the ille- gal house was Mr. Rich. He took Secretary Osborn's official roll of members, and, eras- ing the names of ten Republican members, inserted the names of ten Populists and read them ofif as legally elected members of the Legislature. Good lawyers say that in doing this Mr. Rich was guilty of forgery of public records, and Speaker Douglass said yesterday he had no doubt proceedings would be commenced to punish him to the full ex- tent of the law. Editorially the same paper expressed the opinion that "the time has come to begin criminal proceedings against Ben Rich," and that "the spurious house created by Ben Rich should be brought to a halt in its reck- less rebellion." "It is no longer," continued this appeal to the conspirators, "a time for words apd more words, but a time to act. In behalf bf the State of Kansas, her constitution, her laws and her loyal people, the Capital de- mands that the law be vindicated without further delay by legal proceeeings against the instigators of treason." And again: "How long is this anarchy to continue Governor Lewelling? What is to be the end of this high-handed efifrontery and lawlessness? Unless you retrace your steps and enforce the laws on the statute book which you have sworn to enforce you will stand convicted at the bar of public sen- timent of violating your oath of office. So long as you continue your present lawless attitude you are a traitor to the constitution and laws of Kansas, to the people whose servant you are, and to your oath of office, and your conscience." There was no material , change in the atti- tude of the two Houses, nor any develop- ments of great importance until Tuesday, February 14, the date which marked the culmination of events, and the beginning of active hostilities on the part of the Repub- lican House, which continued its lawless oc- cupancy of the hall, its annoyance of the legal House of Representatives, and its in- terference with the legislation demanded in the interests of the State. The Populist House was at work all this time, and doing its best to bring order out of chaos, but it was beset with many diffi oulties. Every step was taken with the ut- most caution and consideration for the law, and the Republicans, becoming fearful lest they would after all be unaole to win in the courtB,;where they proposed to attack the appropriation ordinance passed by the House and awaiting the concurrence of the Senate and the signature of the Governor, determined to delay no longer the consum- mation of their scheme to bring matters to a crisis. During the mornicg their plans s^_^ were formulated and at noon acted upon, |» > with the result of creating the wildest ex- 1 citement and precipitating a conflict be-' tween the two sides, during which blow were exchanged and bad blood engender*' that destroyed forever all hope of a p- ful settlement of the contest. ^q Speaker pro tern Hoch, of the D of House, had been selected to hurl the brand into the ranks of the opposii ^®P" which he did by introducing a res^ providing for the arrest of Chief v Rich. He prefaced his resolution ^... following significant remarks: "Mb. Speakee: I know of but two \ by which men settle or attempt to s^ disputes, when mutual efforts fail — eii a resort to a knock-down or to the cot^ The knock-down plan never settles a), thing, except the relative brutishnees of ! contestants. The courts were institute(^ settle desputes between men who caE| settle them themselves. To the courts ; issue must finally come. We can not ai> it, we can only delay it. And why loii delay it?" \ His resolution was then carried to t reading clerk and presented to the House. It was as follows: Whereas, One Ben C. Rich, for a number of days last past, and during the presen session of this, the House of Representatives, and in the presence of said House, has con- tinually interrupted the regular proceedings of the House by loud and boisterous lan- guage and unlawful and unusual noises without legal excuse or justification, and without claim or pretense that the same was a part of or connected with the proceed- ing of the House of Representatives, and such conduct has been and still is being in- dulged and persisted in by said Ben G. Rich, in open, malicious, and willful defiance and derision of the rules and authority of the House of Representatives; and Wheebas, Such conduct has greatly inter- rupted and interfered with the transaction, of public business by the House, and has im~ peded and still impedes neccessary legisla- 36 ACTIVE HOSTILITIES. tion in the interest of the people of the State of Kansas, thereby bringing the authority and dignity of the House of Representatives into disrepute; therefore be it Resolved, That by the said action and con- duct 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 ar- rested by the Sergeant- 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 Bet. C. Rich be held in custody by said Sergeant-at- Arms, subject to the further order of the House of Representatives. Immediately after the adoption of this resolution Speaker Douglass directed the Sergeant-at-Arms to carry out the order of the House. As Sergeant-at-Arms Clevenger was absent from the city, three of his as- sistants, W. H.Young, of Wyandotte county; L. E. Ologston, of Greenwood county, and Jordan, of Rice county, were instructed to j .e the arrest, and left the House at once .'jii search of Rich. They went direct to the Button House, where he was known to board, and found him in his room, with his wife and Representative D. M. Howard, of Shaw- nee county. The resolution of the Republi- can House was read to Mr. Rich, and he was informed that he was under arrest. He said he did not recognize the men who pre- tended to make the arrest as officers of the House of Representatives, such as they claimed to be, and declined to go with them. He added, however, that his duty would require him to go to the State house after dinner, and if they were disposed to wait they might go along. He even invited he pretended officers to dine with him, and one of them, Sergeant-at-Arms Young, ac- cepted, while Jordan remained in the hotel office. In the meantime news of this radical ac- tion on the part of the Republican House spread like wild-fire, and caused the most intense excitement on the streets, so that when Mr. Rich had completed his meal and announced his readiness to start for the Cap- itol, there was quite a throng of prominent men in front of the Button House. At 1:16 p. m. Mr. and Mrs. Rich left the hotel on foot for the State House, refusing to accept the proffer of a carriage from the alleged officers, though it was a bitter cold day and a chilling blast swept down the avenue. They were accompanied by a number of Mr. Rich's Populist friends, including Hon. John W. Breidenthal, S. M. Scott, W. H. Ryan, Sergeant-at-Arms Dick, P. N. Gish, B. M. Howard, J. F. Willitts and Mr. Wil- liams, of Fort Scott. The deputies follow- ed in their train as near as possible to Mr. Rich, and thus they marched up Kansas ave- nue, presenting one of the most remarkable scenes ever witnessed in the Capital City. By this time the Bouglass House, after waiting more than an hour for the return of the deputies, had adjourned to 9 a. m. Wednesday and the majority of the officers and members were at the Copeland Hotel, their headquarters. When the Rich party reached Ninth street they were met by a messenger with an order for the deputies to bring Rich to the Copeland. The officers now pressed forward to take possession of their man, who was surrounded by a cordon of friends that was impenetrable. The depu- ties made a vigorous effort to break through, but met with a stout resist- ance and a struggle ensued, in which they were handled without gloves. Ologston made a desperate attempt to get at Rich, but Representative Ryan threw him violently to the ground and he, with the others, also recognizing that they had the worst of it, beat a retreat, while Rich and his friends proceeded to Representative Hall as if nothing had happened out of the usual order, arriving there a few minutes before 1:30 o'clock. On entering the room Chief Clerk Rich was greeted with loud cheers from his friends, who had already gathered in large numbers, and at once became the hero of the hour. The House was called to order by Speaker Dunsmore, who said: "I regret very much the events which led to the ex- citing scenes of the past few hours. We haye elected a legal majority of the House of Representatives and have passed ten bills which will become laws as soon as they have been signed by the Governor. If we are in the right, as we know we are, we will surely win and have nothing to fear. I wish to advise the members of the House to remain on the side of peace and order. If we are forced by circumstances to do so, we will press into service the forces of the state to maintain our constitutional rights. No matter what may be the excitement, re- ACTIVE HOSTILITIES, 37 tain your seats. This is simply a question as to whether the Santa Fe Railway Com- pany and similar corporations are to con- trol this St^te, or whether the people will do BO," The speaker was frequently interrupted by cheers. The legular order of business was then proceeded with and after the pass- age of a half dozen bills the following reso- lution was introduced by Representative Gest, of JeflEerson, and adopted : Whfkeas, An attempt has been made to arrest the Chief Clerk of this House by an organized mob calling themselves the Re- publican House of 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. Rich was closely guarded during the after- noon and evening, every precaution being taken to prevent a second attempt at arrest by the Republican officers. The corporation conspirators were fur- ious at being baffled in the effort to throw the Populist House into confusion by the arrest of its Clerk, and to delay its lawful proceedings. Their anger and excitement knew no bounds and they lost no time in making preparations for a still more reck- less and revolutionary movement. It was openly asserted by Speaker Douglass and other members of the Republican House that the order for the arrest of Rich would be enforced and that he would be brought before the bar of the Republican House on the following day. With this determination several hundred Republicans gathered at the party headquarters and tendered their ser- vices to the officers of the Douglass House to aid in stopping the proceedings of the Dunsmore House. Over fifty of these vol- unteers were sworn in as deputy Sergeants- at-Arms and were placed under the com- mand of R. B. Welch, of Shawnee County. This portentious and menacing movement ■was met by a resolution of the Constitu- tional House to exclude from the hall all but members of the House. The attempted arrest of Chief Clerk Rich was deemed am- ple justification for the Populists in prepar- ing to resist further outrages, and the Ser- geant- at- Arms was instructed to keep out deputies and other so-called officers of the Republican House. Several Constables ap- peared at Representative Hall during the afternoon with warrants for Breidenthal, RyaD,;Scott, Willitts and Gish, against whom complaints had been filed on account of their defense of Rich, charging them with breaking the peace. At the conclusion of the proceedings of the House they appeare d before the Justices and gave bonds for their appearance. Governor Lewelling was in consultation nearly all of Tuesday afternoon with the Populist leaders, who, appreciating the gravity of the situation and the fact that the Republicans were now committed to any folly, however desperate, urged him to call out the militia to protect the property of the state and avert bloodshed. The Gov- ernor sent for Sheriff J. M. Wilkerson, of Shawnee county, and asked him to lay aride all partisan prejudice, recognize the lega 1 House and protect its chief clerk, Ben. Rich, and other officers. The sheriff declined to take any part in the controversy or to recog- nize either House. Later on, the same day , the Governor sent Sheriff Wilkerson the following formal demand: ToPEKA, Kan., February 14, 1893. Deak Sib: — Whereas, a body of armed and lawless men have this day attempted to arrest the chief clerk of the House of Repre- sentatives, the Hon. Ben. O. Rich, and whereas, there are rumors, which seem to be well founded, that such lawless body of men now contemplate a second attempt to arrest said Rich and otherwise to become a menace to the peace and order of the State; now, therefore, 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 the capitol grounds and in the corridors of the capitol building, as may be necessary to prevent the entering of arme d or disorderly men, and that you use every lawful means in your power to preserve peace, prevent riot and all disorderly ^con - duct, to the end that the House of Repre - sentatives may proceed undisturbed in th e legitimate performance of its duty. Please advise me at once if these demanr's will be complied with. L. D Lewelling, Governor of Kansas. The Sheriff also received the followin g from Speaker Dunsmore: ToPEKA, Kan., Feb. 14, 1893. J. M. Wilkerson, Sheriff of Shawnee Coun- ty: Deae Sie: — I hereby call on you as Sheriff 38 THEITEMPEST BREAKS. of Shawnee County for sufficient force to preserve the peace and authority of the House of Representatives. I am very truly yours, J. M. Dunsmobe, Speaker of the House of Representatives. The Sheriff refused to comply with the de- mand of the Governor and Populist Speak- er, and so notified them in the following communication : ToPEKA, Kan., Feb. 14, 1893. Hon. J. M. Dunsmore: Deab Sib: — Your communication calling on me as Sherifif for sufficient force to pre- serve the peace and authority of the House over which you preside received, and in re- ply will say, if there is a House of Repre- sentatives legally organized it is clothed with the power to appoint a Sergeant-at- Arms who has all the power necessary to en- force the authority with which he is invest- ed by the House. Not wishing to decide which House is the legally organized body, I shaii take no part as long as the peace and quiet of the citizens remain undisturbed. Yours truly, J. M. Wilkeeson. Receiving no response to his demand upon Sheriff Wilkerson, Governor Lewelling late that night sent the following: .John M. Wilkerson, Sheriff of Shawnee County: Deae Sib — Since you have not seen fit to comply with my request to respond to a for- mer communication of this evening, I here- by withdraw my demand for official assist- ance from you in preserving the peace in and about the corridors of the Capital to- morrow morning. L. D. Lewelling, Governor of Kansas. Topeka, February 14, 1893. It was on this day that the Senate con- curred in the amendments to the appropria- tion bill passed by the House, to pay all members and employes of the Populist House their salaries, and the Douglass House becoming alarmed passed the follow- ing: Resolved by the House of Representatives of the State of Kansas, That the treasurer of the State be and is hereby admonished not' to pay any public moneys under any pretended act of the Legislature of this state passed by the body presided over by J. M, Dansmore, and now pretending to be a House of Representatives; and be it fur- thpr Resolved, That said State Treasurer and his bondsmen wi'l be held strictly responsi- ble for any moneys so paid out of the public treasury, and under no circumstances or conditions whatever will this House erer ratify, confirm or otherwise make good to said Treasurer any such money so paid un- der said pretended authority. This bill, which was signed by the gover- nor during the evening, made an appropria- tion of $30,000 for the per diem and mile- age of the members of the Senate and of the Populist House, and went into effect up on its publication in the official state paper the following morning. In the senate H. H. Artz was confirmed as adjutant general. THE TEMPEST BREAKS. a BEPUBLIOAN mob MABOHES upon the CAPI- TOL—HALTED BT THE GUAEDS — A WILD OHAEGE UP THE MAIN STAIBWAY — THE IM- MOETAL SLEDGE HAMMEE — THE UNLOCKED DOOBS OP BEPEESENTATIVE HALL BATTEEED DOWN — INSUEGENTS IN FULL POSSESSION — EEOEUITING THE BANKS OF THE BED BADGED DEPUTIES. The most extraordinary scenes ever wit- nessed in the Capitol of Kansas occurred on Wednesday, February 15, when the Republi- cans ceased their masquerading, battered down the doors of Representative Hall, took forcible possession of the room and barri- cading the approaches, inaugurated a seige that will forever be memorable in the an- nals of Kansas. By their action they made it necessary, the Sheriff having refused the Governor the protection he had demanded, for the Governor to call out the Militia and transform the State House grounds into an armed camp, where in the absence of other shelter from the severe winter weather the men used the corridors of the building as temporary barracks. The night had passed without any event of especial importance transpiring. The appropriation bill signed by the governor on the previous evening was published in this morning's official state paper, and be- fore 9 o'clock the members of the House and Senate and the officers and employes of the Dunsmore house had nearly all received their warrants from the Auditor and their money from the Treasurer. This was the very thing the Republicans were determined THE TEMPEST BREAKS. 39 to prevent, if possible, and the Attorney General having declined to take any steps to- ward bringing the matter before the Supreme Court, a temporary restraining order was ob- tained from Judge Hansen, of the Shawnee county district court, to forbid the payment. Notice of this order was served on the Au ditor and Treasurer by the Sheriff about 11 o'clock, and the instructions of the court were complied with without question. But before this more exciting events had for the time being banished from the minds of Populists and Republicans alike all finan- cial questions. As has already been stated, the Republi- cans on Tuesday afternoon swore in scores of Assistant Sergeants- at- Arms and several hundred Deputy Hheriflfs were subsequently swore in by Sheriff Wilkerson. There was a general feeling of apprehension. Every- thing portended trouble and daylight was awaited with a degree of anxiety that it is impossible to describe. The open threats of the officers of the Douglass House that they would yet arrest Ben Rich, led his friends to prevail upon him to spend the night at the Capitol, aad anticipating an at- tack before morning from the forces under R. B. Welch, the Sergeant-at-Arms of the Dunsmore House accepted the services of a number of volunteer assistants. No at- tempt, was made, however, to capture Mr. Rich, who, together with his books and vouchers, had in the evening been transferred to the auditor's office to put in the night in preparations for the payments authorized by the Appropriation bill. Many of the Populist officers and members spent the night with the guards in Representative Hall, or participating in some of the nu- merous conferences that took place in the of- fices of the Governor and the Adjutant Gen- eral. With the return of day all had gone home save a few of the guards, who were left with orders from Speaker Dunsmore that aside from members and reporters none but the officers and employes of the Duns- more House should be admitted. A guard, consisting of a half dozen men, was sta- tioned on the stairway leading to the front entrance of the hall, with instructions to direct the members of the House to use the rear entrance in order to preventy any con- fusion. The front doors of Representative Hall were, however, left unlocked and a few of the employes had arrived before any- thing out of the usual ord<^r transpired. About 9 o'clock J. R. Miller, doorkeeper of the Republican House, appeared in the west wing of the Capitol atid attempted to pass up the east stairway to the hall, when he was refused admission in accordance with the order of Speaker Dunsmore. He became enraged and evinced a determina- tion to force his passage through the guards, but eventually thought better of it and went away, not being at all molested or interfered with, even when he used the most violent language. Miller prooteeded directly to the Copeland hotel, where he found the mem- bers of the Douglass House ascsembled, and excitedly informed them of what had trans- pired. This was sufficient excuse in their minds for the resort to violence, which they had been looking forward to, and it was de- cided to form in line, march to Representa- tive Hall and take possession by force. The column was headed by Speaker Douglass and Speaker pro tern Hoch, and included the members, officers and hangers on of the Douglass House to the number of about 100. As they marched toward the capitol, their number was increased until upon as- cending the east steps and filing into the main corridor, the rabble had attained the proportions of a formidable mob. That they were bent on trouble was plainly to be seen from their appearance and demeanor, and from their subsequent refusal to accede to the very reasonable restrictions laid down by Speaker Dune more for t-e protection of the legal House from the confusion that had been interrupting its proc>3-ding8. On reaching the point at which the stair- way leads to the main entrance of the hall, they encountered three Populist guards, who for a moment barred their further ad- vance. They were told quietly, but firmly that the members would be admitted at the other entrance, where they would be pro- vided with passes, but that only members 'could be admitted. Speaker Douglass in- quired by whose authority they were there, and they replied that it was by tkeautho-ity of the Adjutant General and the Ex'-cutive Council. Douglass said, in a 1 'ud and peremptory voice: "I, as Speaker of the House, order you to get out of the way!" 40 THE TE3IPEST BREAKS. The Republican phalanx then gathered themselves for the attack. A few more words passed, the assault was made, there was a momentary scuffle as the guards es- sayed to obey their instru 'tions, and then with a wild yell the mob dashed forward, overcame the guards by sheer force of num bers and f urged up the stairway in a mass. It was as if they were storming a fortress at whose entrance a battery was planted, and what with the crowding and shoving, the clamor and shouting of a hundred infuriated, lawless and utterly reckless men, a scene was presented that beggars description. In their eagerness to get to the top the revolu- tionary band almost broke down the stair rail, which would have jTecipitated some of their own number to certain and horrible death below. There was no opposition to encounter at the head of the stairs, the few guards and employes who stood about having retired to the hall. A Republican who had gone to the rear entrance and been passed into the hall as the members and newspaper men would all have been, had aone through to investigate and appearing on the landing at this junc- ture, shouted: "Come on, men, the way is clear!" "Break down the doors; no quarter to the Populists! " was the cry of the insurgents as they rushed onward and took undisputed possession of the landing, though no doors were locked, nor had admission under the regular instructions been refused. In fact, several of the members of the Douglass House, including Rosenthal, Ben efiel of Montgomery, Bowers, Bowie and at least three others accepted passes the same as the Populist members, all being treated alike. Two, Sherman and Lobdell of Lane, refused passes and turned away. Now the situation with regard to the doors of the hail was well understood by the as- saulting party. It was usual during the ex- treme cold weather to enter the cloak room first, and toward this outer door the mob turned its attention. It was light and thin and was opened without any trouble. Once inside the cloak room, they encountered the heavy door leading into the hall, which was not locked but could have been opened by a child. This was not, however, in accord- ance with the Republican programme and without trying the knob Douglass and Hoch pounded on the door and demanded admis- sion. L. F, Dick, sergeant-at-arms of the Duns- more House, was among those in the hall, and three different times he called out that it was unnecessary to beat the door down, as it was not locked, and they could come in. "On behalf of the representatives of the people, I demand that this door be opened to admit the constitutional and legal House of Representatives," cried Speaker Doug- lass. "Force it open!" was loudly suggested by other voices. This had been the plaa from the begin- ning, and a sledge hammer had been taken along for just such an emergency. This was now passed to Speaker Douglass, who lifted the hammer and struck the door a violent blow. The panels were soon crushed, the pieces falling inside the hall. Through the aperture thus made the leaders of the mob faw a group of a half dozen Populists, including Sergeant- at Arms Dick, who was standing close to the door trying to make them understand that it was not locked. But Speaker Douglass pounded away until he was exhausted, and was re- lieved by Representatives Swan and Sher- man of Shawnee. In the front rank of the assaulting party, with Douijlass and Hoch, was Representa- tive Elting, of Ness, who, in the temporary lull to enable Douglass to get his second wind, trust his arm through the broken panel and presented a revolver close to Dick's breast. Representative Troutman, who, at the beginning of the souffle at the foot of the stairway, had ducked his head, made a rush between the guards and gained the top of the stairs, had entered the hall with the Populists, and from the inside he kept calling to the insurgent party, "Come on!" "Beat it in!" etc. Sergeant- at- Arms Dick pushed him aside twice, but he could not be repressed in his efforts to incite from a safe vantage ground still further violence. At length the unlocked door was battered to kindling wood, and through its wreck the triumphant conspirators marched in with a great shout that could be heard blocks away. In the din and tumult that followed the con- THE CALL TO ARMS. 41 spirators took complete possession of the hall, and the reign of anarchy was fully es- tablished. After a period of frenzied re- joicing, congratulations and handshaking, the rebel House was called to order and went through the pretense of transacting the regular business of the day. Having obtained complete control of the hall, the Republicans determined to hold it at all hazards and the large force of Assist- ant S"rgeants-at-Arms being on hand to aid in this plan, R. B. Welch was appointed chief of the Sergeants and instructed by Speaker Douglass to take charge of the hall and hold it. Welch had already 100 Assist- ant Sergeants who had been sworn in the night before and in less than ten minutes after the capture of the hall by the Republi- can mob they were all there and ready for duty, while their chief continued to swear in additional deputies throughout the fore- noon until by 1 o'clock in the afternoon the force numbered over 300 men ready to go to any extent to defend the illegal Re- publican House and prevent the Constitu- tional House presided over by Mr. Duns- more frc m resuming business. These deputies included business naen, mechanics from the Santa Fe shops, beardless youths from the colleges, local politicians and rep- resentatives from almost every element from the highest to the lowest. The major- ity were from Topeka and were merely there "for the fun there was in it," or the few paltry dollars they expected to get for their services. As each man was sworn in, a red badge on which was printed "Assistant Ser- geant- at- Arms," was pinned to the lapel of his coat, and as the supply of these badges seemed to be inexhaustible, it would appear that to have so large a number printed be- forehand the Republicans must have not merely anticipated, but actually planned eaxctly what came to pass. THE CALL TO ARMS. INSUEGENTS BNTEENOH THEMSELVES BEHIND 3TE0NG BAEEIOADES — MOEE ABEESTS OE- DEEED. — THEY MAINTAIN THEIE DEFIANT AT- TITUDE AND GOVEENOE LEWENLING ISSUES HIS PEOOLAMATION CALLING OUT THE NA- TIONAL GUAEDS —HE IS DENOUNCED AS A USUEPEB BY THE DOUGLASS HOUSE. Chief Welch divided his force into squads of ten each and appointed a superintendent to the control of eaoh ten men. Probably half the entire number of deputies re- mained on the floor to instill courage in the hearts of the revolutionists by their pres- ence, while one detachment was placed on guard at the west entrance of the hall and another at the east entrance, where, it may be added, the main doors were locked, as they had been for several days by common consent, to keep out the cold, of which fact the attacking party was so well aware that no assault at this point was ever thought of. Guards were also placed at the foot of the stairways and orders given to admit no one but members of the Legislature or those holding passes signed by Speaker Douglass. Every officer of the Dunsmore House was excluded from the hall. Not satisfied with these precautions and conscious of the fact that the outrageous and violent seizure of the hall would call for decisive action on the part of the legally constituted authorities and custodians of the building, the Republicans proceeded forthwith to entrench themselves against an assault that was anticipated. Heavy bolts were placed on the inside of eaoh door by carpenters ordered in for that purpose; th© doors were all barricaded with massive tim- bers, and all the seats, desks and tables not in use were pulled up and stacked against the doorways as a barricade, a step ladder being placed at one of the transoms as a means of entrance and exit. Fire arms, clubs and ever conceivable desoription of 42 THE CALL TO ARMS. weapons were passed around until every man and boy was armed, for they fully ex- pected that the Governor would send the Militia to eject them. The stairway leading to the main entrance was blocked near the upper landing with more desks, benches, chairs, timbers and every article that would offer the slightest resistance. The Speaker's entrance at the west end of the hall was similarly protected, and some of the doors leading into the departments on the next floor below were nailed shut, to the great in- convenience of the officials and their clerks. The deputies were all heavily armed, and later on several cases of rifles and ammuni- tion were smuggled into the hall, with the plain intention of holding it against all comers. But the pretended House was left in undisturbed possession, and gradually awoke to the fact that instead of being vic- tors the members had simply placed them- selves in the position of prisoners of war. The chairs on the Populist side of the House remained vacant, and realizing that it was impossible to legislate under such circum- stances, the House of Dunsmore abandoned the hall to the Douglass forces. The room occupied by Chief Clerk Rich, together with the several committee rooms conceded to the use of the Populists, was seized, and two or three clerks of the Dunsmore House were forcibly ejected from the floor. One of these was H. W. Burdick, assistant Jour- nal Clerk of the Populist House, Assistant Sergeant at- Arms Clogston officiating with others in this outrage. The Republicans de- cided that, having secured possession of the hall, it was their duty to hold it, and so they remained in continuous session throughout the noon hour, the Speak r instructing the Sergeants not to leave the room. Baskets of provisions were brought from the Cope- land hotel for the relief of the hungry mem- bers and the 300 officers now on the pay "rol!, and thus they settled down for a stay that proved to be a longer one than they anticipated. That they gloried in their shame and re- garded the outrage committed in battering down the property of the f^tate in the light of heroism, was shown during the morning session by the presentation to Speaker Douglass of the ten-pound sledge hammer with which he broke in the doors of Repre- sentative hall. The presentation speech was made by Mr. Hale, of Rush, who eulogized the courage and pluck of the Speaker in "daring to resist anarchy and rebellion." As the sledge hammer was borne to the desk the Republican mob cheered wildly, the members rising from their seats to join in the demonstration. MOEE ABBESTS OBDEBED. Elated by their easy capture of an unpro- tected hall, the members of the revolution- ary House, in a spirit of braggadocio, adopted a resolution introduced by Mr. Cubbison, of Wyandotte, which was as fol- lows: Whebeas, The House of Representatives on Tuesday, the 14th day of February, issued its legal process for the arrest of one Ben Rich on the charge of contempt of the House; and Wheeeas, The legally constituted officers of said House, while attempting to enforce said process, were obstructed, assaulted aud interfered with by the following named persons, to wit: J. W. Breidenthal, John F. Willits, S. M. Scott, D. M. Howard, and were by said persons pi evented from enforc- ing the order of the House; therefore be it Resolved, That the Sergeant-at-Arms be and he is hereby instructed to forthwith ar- rest J. W. Breidenthal, John F. Willits, S. M. Scott and D. M. Howard, and have them brought forthwith before this House to an- swer the charge of contempt of the House. The news of the coup d' etat of the Re- publicans was soon noised abroad and reach- ed every part of the city. It was wired out in all its minute details by newspaper cor- respondents and before noon it was known in every important city in the land that Kansas was in a state of open rebellion and that anarchy had planted its banners in the Hall of Representatives. The eyes of the whole Nation were turned toward Kansas, and so deep was the interest felt in the re- sult of the people's struggle against corpor- ation tyranny, that over 60,000 words were demanded by the eaf^tern journals and sent out by telegraph that night. It was in Topeka, however, that excite- ment rose to fever heat. Nothing to equal it had ever been exhibited since the war. From every part of the city the people hastened in the direction of the State House, until the streets east of Capitol Square were packed with eager and anxious citizens. Groups were formed and the situation was discussed- from every standpoint, the Re- ,,^ THE CALL TO ARMS 43 publicans being aggressive and threatening to such a degree as to add seriously to the menacing aspect of that very critical hour. It was exultingly asserted that the officers of the Kansas National Guard would ignore the orders of Governor Lewelling, ex officio commander-in-chief, and that the local R-r^publican contingent had the sympa- thy of the sheriff to bolster up their cour- age. The possible consequences of a collis- ion in which the citizens should be involved on opposing lines were considered by the more conservative element with unspeaka- ble apprehension, and a heavy pressure was brought to bear on the Governor to exercise his constitutional authority, and call out the troops, in order to avert riot and bloodshed. The Sheriff's evident leaning toward the side of the revolutionists, seemed to make this step imperative, if the further destruc- tion of State property was to be prevented, and peace and order were to be preserved. Threats of personal violence to Governor Lewelling were freely indulged in, but to these he turned a deaf ear, while he calmly and deliberately counselled with his advis- ers, intent only upon averting a bloody con- flict without the sacrifice of the people's in- terests and the people's cause. To do his duty firmly and fearlessly, yet without add- ing fuel to the flame of public excitement, was his sole object. He first issued the fol- lowing executive order: notice to vacate issued. State of Kansas, Executive Depaetment, Govebnoe's Office, Whereas, I have been informed as Chief Executive of the State, that the Hall of Rep- resentatives has been forcibly invaded by an armed and insurrectionary body of men who have taken and now hold forcible possession of such hail whereby the Constitutional rights of the members of such House have been subverted and the public business of legislation prevented, I therefore order all persons except such members of the House of Representatives and employes thereof as are recognized as such by the Hon. J. M. Dunsmore, Speaker of such House, to be such members and employes, to at once va- cate such Hall and the approaches thereto under penalty of forcible expulsion for their non-compliance with thia order. Witness my hand and the great seal of the State at Topeka, this 15th day of February, 1893. L. D. Lewelling, Governor. When it became evident that the Insur- gents proposed to maintain their hostile and defiant position, the Governor, shortly be- fore noon, yielded to the advice of his friends and the dictates of his own judg- ment and issued the following peoolamation calling out the teoops: Wheeeas, In obedience to the require- ments of the Constitution of the State of Kansas, both branches of the State Legisla- ture convened at the Capitol, in the city of Topeka, on Tuesday, January 10, 1893, for the purpose of enacting proper laws and making such suitable provisions for the future as the interests of the people of the State require at their hands; and Wheeeas, Each branch of the Legislature was duly organized, the Hon. Percy Daniels, Lieutenant Governor, being ex-officio Presi- dent of the Senate, and that body having elected W. L. Brown as Secretary and David Shull as Sergeaat-at-Arms thereof; and the House of Representatives having elected Hon. J. M. Dunsmore Speaker, Hon. R H, Semple as Speaker pro tempore, Ben C. Rich as Chief Clerk and Leroy F. Dix as Ser- geant at- Arms thereof; and Wheeeas, The Legislature being thus duly organized, each branch thereof was duly recognized by the other, and the Legislature of the State thus constituted was and ever since has been recognized by the Executive as the proper law-making power of the State ; and Wheeeas, Certain persons who were duly elected as members of the House of Rep- resentatives, together with certain other per- sons who also claim or allege that they were chosen as members of the Legislature, have set up and organized a pretended House of Representatives, in opposition to and in obstruction of the lawful House of Repre- sentatives, organized and recognized as aforesaid; and Wheeeas, Said pretended House of Rep- resentatives has assumed to elect a Speaker and other officers therefor, and ever since the said 10th day of January has obstructed and is still obstructing the lawful House of Representatives m the performance of its proper duties as one branch of the Legislature of the State; and Wheeeas, Said pretended House of Rep- resentatives and members thereof have re- peatedly threatened personal violence and in- jury to the members of the lawful House of Representatives, and without authority of law have called to their aid certain persons pretending to be or assuming to be Sheriffs or Deputy Sheriffs, or oth«r civil officers, in order to maintain said unlawful organiza- tion as a pretended House of Representa- tives; and Whebeas, It is the exclusive right of each House of the Legislature to determine for itself who are entitled to seats therein, or who constitute the membership thereof, and the Courts of the State have no powerJ 4A THE CALL TO AR3IS. or jurisdiction to inquire or determine said questions; and Wheeeas, The Hon. J. M. Dunsmore, Speaker of the House of Representatives, has officially informed the Executive of the State that the House over which he presides is menaced by the presence of a large num- ber of persons who have obtruded them- selves into the hall of the House of Repre- sentatives in a manner indicating a lawless and insurrectionary purpose to break up the lawful House of Representatives, and drive the officers thereof from their Hall, and from the Capitol building; and Wkekeas, Said unlawful organization has unjustifiably and arbitrarily and unlaw- fully assumed to order the arrest of the Chief Clerk of the lawful House of Repre- sentatives, with a view of precipitating a collision betwen said unauthorized and un- lawful body and the lawful House of Rep- resentatives and its officers and members, and has with force and vJo'ence broken down the doors of the Representative Hall, and forcibly ejected therefrom the officers and members of the legal House of Repre- sentatives; and Whereas, In order to avert, if possible, any resort to the military arm of the State to preserve the public peace, and to enforce the laws of the State, I applied to and di- rected the Sheriff of the County of Shawnee, in whose jurisdiction the capital of the State is situated, to protect the said House of Representatives in its constitutional rights and • to so preserve the peace as to enable said House to peaceably continue its delib- erations, and said Sheriff has failed and re- fused to comply with said order and direc- tions; and Wheeeas, The public peace should be preserved, and the rights of the House of Representatives should be respected, to the end that the people of this State may be pro- tected in all their rights: now Therefore, Deeming the present condition of public affairs as presenting an extraor- dinary occasion, and as warranting the ex- ercise of the power vested in me by the con- stitution of the state, to s-ee that the laws are faithfully executed, that the public peace may be-preserved,and all persons who unlaw- fully obstruct the House of Representatives or any members or officers thereof in the proper discharge of their duties, may be removed, and that all unlawful organiza- tions may be suppressed and violence and bloodshed may be averted. I, L. D. Lewelling, 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 hereby charged with the duty of issuing the necessary orders to carry into effect the purposes hereinbe- fore declared. I appeal to all loyal and law-abiding citi- zens to favor, facilitate and aid this effort to maintain the supremacy of the law, and. the honor and integrity and perpetuity of the state. In witness whereof I have hereunto set my hand and caused the great seal of the state = to be affixed at the executive office io the^ capitol at Topeka, this 15th day of January, 1893. L. D. Lewelling. By the Governor. R. S, UsBOEN, Secretary of State. By D. C. Zehohee, Ass't Sec'y of State. INDICATIONS OF MUTINY. The office of the Adjutant General became' immediately the center of interest and wae beseiged by those who had counsel to offer, or who desired to volunteer their services for the maintainance of law and order, and of the integrity of the state. Short as were - those winter days, a provisional company was organized before nightfall ana muster- ed in under command of Judge McDonald, of Parsons, and a second one under com- mand of H. C. Lindsay, of Topeka. It has frequently been asserted, and cor- rectly, that the first company of the Kansas National Guards to be called out, and the first to respond, was Company C, of Oak- land. The facts in the case, however, place- their response to the call in a somewhat;, different light from what has been currently reported as the correct one. The Oakland company was ordered out the night previous to the proclamation calling out the State' militia, and they were instructed to report, for duty at the State House at 7 o'clock the ' following morning (February 16). This the company failed to do, giving as their excuse that their overcoats were in the armory,, though the morning was clear and bright and had they obeyed orders they would have marched directly to the armory where their- overcoata were. But they delayed their* movements until the Douglass crowd had- broken into the hall, and thus lost the op- portunity of playing a very important parti in the history of the State. Colonel Hughes was also in the conspir- acy. Being absent from the city the Gover- nor had the Adjutant General telegraph f or- him. The Colonel reported that morning in- a very pompous manner, informing the Governor that he was ready for duty andl inquiring if he should don his uniform. On being informed that that was the proper: THE CALL TO ARMS. 45 'ihing to do under the circumstances, he went 'home for that purpose and absented himself Ttwo and one-half hours. In the meantime ihe Douglass mob had accomplished its ob- ?3ect and broken down the doors of Repre- sentative Hall. This delay on the part of the Oakland 'Company, and on the part of Colonel Hughes, jgave the Governor his first intimation that the militia could not be relied upon and he iJhereupon proceeded to organize provisional I'sompanies. Orders were sent by telegraph to Co. G, of Marion, Battery A, of Wichita, and later Co. A, Third regiment, Eureka; Co. B, Third rregiment, Holton; Co. A, Second regiment, IVichita; Co. F, Third regiment, Howard, and Co. C, Fourth regiment, Clyde. Bat- B, of Topeka, was ordered out. The Wich- ita battery was ordered to bring a Gatling gun. Replies to these orders came in slowly, and it looked as if the Republican predic- 'vtion of a general mutiny might not be wholly groundless. The spirit of defiant rebellion spread with alarming rapidity, and the ap- prehensions of the conservative and law- abiding element of both parties were not quieted when on the arrival of Company C from Oakland it was greeted with derisive yells from the Republicans who were miassed by thousands in front of Capitol Square, where the throng was being con- stantly augmented by new arrivals. At 2 p. m. this company, forty strong, entered the State House and established their barracks in the large hall on the ground floor of the south wing, assuming complete charge of all the entrances, stacking arms and making themselves as comfortable as possible. State officers and Supreme Court Judges having offices in that wing were supplied with passes and military discipline prevailed everywhere. At 3 p. m. the two provisional companies who had been supplied with arms at the ar- seiial marched from thence to the capital building, each being subjected to the jeer- ing and guying of the mob, which now pressed close upon the broad steps leading to the main entrance of the east wing, Judge McDonald's company was stationed at the foot of these steps, to keep the crowd back, and this afforded an excuse for an assault that added to the bitter feeling be- tween the partisans. One of the sentries, in his effort to keep a space open, was con- fronted by a fellow who resisted the order. The guard pressed the rifle across the fel- low's breast, and gently pushed him off the walk. The man stepped up again, and again was pushed ofi:. A half dozen men now sprang upon the walk, and the guard sum- moned others to his assistance, among them being Chaplain Todd,of the Populist House, who was one of the first volunteers in this provisional company. A hand-to-hand fight ensued, and for a few moments it was feared the riot would become general. White and colored men alike participated in the melee, closed in upon the guards, crabbed at their guns, and struck at them, eventually driving them back, when a couple of deputy sheriffs interfered and forced the rabble to desist from the attack. A little later, company C marched down the front steps, clear- ing them as they went, and reinstated the sentries in their former position. Every entrance and door throughout the building, except those leading to Representative hall, was then put in charge of two or more sol- diers, with instructions to admit no one without a military pass. At 6:45 p. m. Company C was reinforced by the arrival from Horton of forty mem- bers of Company B under command of Lieutenant Barker. THE GOVEENOE DENOUNCED. Upon the strength of Governor Lewell- ing's call for troops, the Douglass House ad- opted the following resolution, introduced by Mr. Greenlee, of Reno : Wheeeas, Under our governmental sys- f tern, both state and national, three co-ordi- k nate branches are recognized, to-wit: the '% legislative, executive and judicial, each hav- ing well defined spheres of action, indepen- dent of the other, and Whebeas, The executive branch of our state government, by its governor, has in times of peace, and for partisan purposes, invoked the aid of the military forces of the state to coerce a co-ordinate branch of this government, to-wit : the legislature, therefore Resolved, That we, the Representatives of the people of the State of Kansas, in session at the Hall of Representatives, in the city of Topeka,do enter our mostsolemn protest,and hereby denounce the executive of this State as a usurper, and as attempting to place tne civil authorities of the State in subjection to the military thereof ; y' 46 THE ULTIMATUM, Resolved, That, should the state executive Bncoeed in his nefarious schemes, "the gov- ernment of, for and by the people" will have perished in Kansas and on its ruins will be entrenched a goverament of military force, dominated by the executive, and the utter extinguishment of the legislative and judi- cial branches of our State government. THE ULTIMATUM, GOVEENOB LEWELLING's PEBSONAL APPEAL TO THE DOUGLASS HOUSE, AND THE PBUDENT COUNSEL OF EX-GOVEBNOB 08B0KNE, BEING DISBEGAEDED, COLONEL HUGHES IS OEDEEED TO OLEAE EEPEESENTATIVE HALL. — THE COL- ONEL SUEBENDEES TO THE IN8UEGENTS. — SHEEITT WILKEESON NOTIFIES THE GOVEENOE OF HIS INTENTIONS. At 7:30 that evening, Governor Le welling, accompanied by Colonel Fred P. Close, his private secretary, entered Representative Hall, where the Republican House was in Bession, and was escorted to the Speaker's desk by Representatives Sherman, Warner and others. Addressing the members of the House, the Governor said : Gentlemen: — No man among you can de- precate the present situation which exists here to-day more than I do. There is no desire on the part of your Executive to in- stitute any forcible proceedings here in this hall at 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 care- fully 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 impossible that there should be any receding on the part of your Executive from the position held to-day, but I desire to ask you, as citi- zens, that you consider as carefully as you may do, if there may not be a way for an amicable solution of these diflSculties. I earnestly entreat you, a? citizens, not to make it necessary for me to call upon the military arm of the government to enter end 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 re- peatedly by men who are on your side, that 8s soon as bills are passed they would be brought into the courts, and thus a solution of this difficulty should be had. A bill has been passed by the House of Representatives and signed. If there is a method of somtion 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 your 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 State. I would deprecate exceedingly to have the military enter this Hall of Representatives; I do not want anything of that kind, and I ask you, gentlemen, if you will not be willing to sur- render this hall — or, at least, those of you who are not members of the House of Rep- resentatives? Speaker pro tem Hoch was then recog- nized by the Chair, and spoke as follows: Governor, pardon me — one word. I ap- preciate your coming not as Governor of this State, but as a citizen of this 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 on this floor who has ever desired anything else than a fair, hon- orable and amicable settlement of this un- fortunate difficulty. I wish, however, Governor, to ask you in fairness if — pend- ing 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 objec tion on either side to that state of afiEairs? I appeal to you as the Governor of this com- monwealth, elected by the suffrages of the noblest and grandest people, in my judg- ment, on the face of the earth, elected to preside over the grandest State in the Union; I appeal to you as my Governor, in thif 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 i1 would not be fair that all parties surrendei this hall during the pendency of this con test? To this proposition for a compromise, thi Governor replied: I am not here, of course, to enter into anj political discussion, or a discussion of thes' questions. I only ask this: You gentlemei have stated between yourselves, and it hai come to my ears repeatedly, that only on< thing was wanting, and that was that tht House of Representatives should pass a bil that you might carry it into the courts. Now if that has been your wish prior to this time is there any reason why you should continu to hold this hall, when you have that oppoi^ tunity before you? I ask you, gentlemei that you shall surrender this hall into nt keeping to-night, that you vacate this ha, and leave it to my care. I ask that you d THE ULTIMATUM. 47 that. I ask it of you as citizens, as country- men — many of you are personally known to me, many of you my own personal friends! There can be no harm come from this prop- osition. I ask, therefore, that you vacate this hall, surrender it to me, if you choose, and then let the process that y ou 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 this hall, I trust there will be no occasion for anything of the kind. Mr. Hoch, again addressing the Gover- nor, said: Pardon me. The proposition that was made was not intended 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? To this the Governor answered: It is not for me to enter into any contest, dispute or debate. There are several miiitia companies here to-day, 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. GOVEENOB OSBOBN COUNSELS PEACE. Governor Lewelling then left the chair and was succeeded by Ex-Gov. Thomas A. Osborn (Republican), who had come to the hall accompanied by a citizens' committee, which included Dr. McVicar, President of Washburn College; Hon. P. G. Neel, Presi- dent of the First National Bank, and Mr. E. Bennett. The Governor made an earnest appeal for peace, advising the Republicans to calmly surrender when the militia came. He assured them that their actions of that day would be condemned by nine- tenths of the citizens of this State, and in conclusion said: In the early days of this State there were many troublous days and nights, but this day and night are far more serious and far more dangerous to the peace of the people than any of the days or nights when our State was threatened twenty-five or thirty years ago. The Governor has told you it will become his duty to eject you. He knows that the men now occupying this hall have come here to resist, but how far we cannot say, but I believe I express the opinion of a large number of the best people of this state when I say that rainer than precipitate a war upon the people it will be best for you to yield to the armed troops of the State under the command of the governor. While I do not justify any act that has been com- mitted by the Populist authorities I beg you to not force upon these people a war which may be more bloody than this State has ever known. This free government is too good to be thrown awaj . It cost too much blood and too much money. Give us peace and not war. AN ULTIMATUM. Governor Osborn's pacific advice was re- received in sullen silence, but with evident disapproval. Governor Lewelling and party quietly left the hall, when the Housej after listening to several inflammatory speeches, determined to surrender only when driven out at the point of the bayonet by over- whelming numbers. A committee, consist- sisting of Representatives Sherman and Bowie, was sent to deliver to Governor Lew- elling the ultimatum of the revolutionary House, the doors were again securely locked and barricaded, and the members awaited the next turn of events. The Assistant Sergeants-at-Arms were cautioned by Speaker Douglass not to admit the militia or any one else unless they were n. pow erful than the force in the hall, and not to use firearms without the direct command of the chief Sergeant-at-Arms. The confer- ence had lasted about a half hour. The Republican House was emboldened to take the stand it did by the receipt earlier in the evening of numerous telegrams from points throughout the State urging the Speaker and members to stand firm and as- suring them of the early arrival of reinforce- ments to strengthen the insurrection. D. M. Clark, of Ottawa, telegraphed that he was on the way with 300 men. Col. D. R. Anthony telegraphed that 1,000 men from Leavenworth would respond to the call, and others sent word by wire that they would reach Topeka next morning with volunteers for the revolution. COLONEL HUGHES SUBEENDEBS. After receiving the ultimatum of the Douglass House— that it would surrender only at the point of the bayonet, Governor Lewelling, realizing that all hope of effect- ing an honorable compromise was at an end, issued the following: ESBOUTIVE OEDEE — NO. 3. Colonel Hughes, Commanding, H. H. Artz, Adjutant Gemral: Sie: — You will first proceed to clear the corridors of all persons except troops; you will then station a small detachment in the main corridors of the east and west wings of the Capitol, after which you will proceed quietly with the remainder of your forces 48 THE THIRD DAY. to Representative- Hall and eject all persons not specified in Executive Order No. 2, a copy of which I hand you herewith. Hav- ine removed from the hall such persons des- ignated, you will station a detachment in and about Representative Hall and such other detachments as may be necessary to occupy the entrances to the Capitol. In no case shall any person accompany the troops to Representative Hall. L. D. Lewelling, Governor. H. H. Aetz, Adjutant General. At 10:30 Col. J.W. F. Hughes, command- ing the full strength of the militia at that time massed in or about the State House, entered Representative hall attired in the full uniform of his rank and caused one of the sensations of a sensational week by sur- rendering completely to the revolutionists. He was introduced by the Speaker, and said: I was ordered by Governor Lewelling to take command of the militia called out here to-day. I did so at once. I asked him for c-ders; he told me I must surround the L H')U8e with my men, protect the prop- erty of the State, and remove from Repre- sentative hall all men who were not recog- nized by Mr. Dunsmore and himself as members of the Legislature- I told him he would have to look for some Other officer. [Prolonged cheering.] lam still in com- mand, and I am going to stay there until I am relieved. I may be relieved, but I can say to you that you need have no fear to- night. No one will attempt to molest you. If I am relieved, my regiment will go with me. The applause that followed this speech was deafening and three tremendous cheers were given for C©lonel Hughes. In the morning the Colonel was summoned to a conference with the Governor and Adjutant General and was relieved from his com- mand. SHEBIIT WILKEESON WAKES UP. Half an hour after Colonel Hughes left Representative hall, Sheriff Wilkerson, who was doubtless informed of what was trans- piring and expected to see the Administra- tion left powerless by the mutiny of the reg- iment that the Colonel had predicted would go out with him, sent the following commu- nication to Governor Lewelling: ToPEKA, Kan., Feb. 15, 1893. To His Excellency, L. D. Lewelling, Gover- nor of the State of Kansas : Sie: — 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 you have called upon the Military power of the State to pre- serve peace in this County. I wish to in- form you that this action on your part is without my consent or concurrence and is wholly unnecessary, as I have at no time in- timated to you 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 in- tention so to do. Very respectfully, J. M. WiLKEESON, Sheriff of Shawnee County, Kansas. The defection of Colonel Hughes rendered it imperatively necessary to allow the Re- publicans to retain possession of the hall for the time being, and they remained in ses- sion all night. The roll of the House was called each hour, and fifty-six members re- sponded to their names. A vote of thanks was extended to the citizens from other Kansas towns who were on their way to join the insurgeuts, and the balance of the night was passed in singing songs of the John Brown order, and snatching "cat naps" in any position that came handy. THE THIRD DAY. SUPPLIES FOE THE INSUEGENTS SMUGGLED THEOUGH THE LINES AND HOISTED TO THE HALL BY MEANS OF EOPES — UNCLE SAM'S MAIL OAEEIEES LEND A HAND — SHEEIFF WILKEBSON OEGANIZES A STEONG POSSE AND INSTEUCTS THEM SEOEETLY — AEEIVAL OF THE ''EOBINSON BIFLES" — THE SHBEIFF'S K.. "scheme" — THE GOVEENOB's "EEMOVAl" L SUGGESTED — CHIEF WELCH's FBANTIO AP- , peal to the santa fe fob beinfoboe- ments. In the first gray dawn of morning, on Feb- ruary 16, 1898, the capital of the great com- monwealth of Kansas presented the appear- ance of a city in a state of siege. True, the tattered remnant of the old flag still floated over the east wing of the State House, and a peaceful quiet prevaded everywhere, but through the mist that enveloped the massive THE THIRD DAY. 49 Capitol building like a cloud could dimly be discerned the gleam, of campfires, armed Bentries pacing their beats, the blue uni- forms of the Kansas National Guards, and the first companies turning out for a morn- ing drill on the paved streets. There was all the pomp and circumstance of war, and Kansas /was, in fact, as was declared by many a speaker and through the columns of the newspapers at that time, on the verge of armed revolution. Who were the revolutionists? What was the cause of this ominous situation in the most populous, powerful, wealthy and intel- ligent State in all the Trans-Missouri Em- pire? What brought this force of troops to- gether and transformed the quiet Capital into a seat of war? Those who have care- fully followed the chain of events described in the preceding chapters, have seen reveal- ed the hypocrisy of the Republican leaders and their pretended House of Representa- tives, who, ostensibly seeking a peaceable solution of the legislative problem through the court, secretly acted in such a manner as to precipitate a crisis, involve the authorities in the possibility of a bloody conflict, pit friends against friends and brothers against brothers, and well nigh bring ruin as well as disgrace upon Kansas. The Republicans had now committed two overt acts by which they hoped to bring about a serious crisis, and by the aid of a partisan judiciary and the force of over- whelming odds, overthrow the administra- tion and maintain their supremacy in the House of Representatives. They had ar- rested the Chief Clerk of the legal House on a ridiculous charge, and had threatened to unseat the Populist members arbitrarily. When the lattet sought to defend their rights as law-makers, their opponents had resorted to violence. Yet even now the law-abiding members of the legal House refused to be- come a party to the disgrace of the State by risking a collision with the Republicans, and so left the latter in undisputed posses- sion of the hall they had^seized by force,. and after a quiet meeting in the Governor's parlor, adjourned until 1:30 p. m. of this day. All night long the camp fires blazed on Capitol Square, and about these the mem- bers of the different reliefs huddled to keep themselves warm. The State House and surrounding grounds had been placed under complete military control after the incident in front of the main entrance on the even- ing before. The guards were advanced from the building and entrance to the front fence, where a strong line of pickets pa- trolled the whole square, while a cordon of sentries was thrown around „the entire building at a distance of about 200 feet from it. The enclosure was thus trans- formed into a military camp and ^became forbidden ground for those",^who did not wear the uniform of the Kansas National Guards, or carry a pass from the proper authorities. The regulations of the preced- ing afternoon were made more stringent and the last link in a perfect military disci- pline was supplied. Two more companies of militia arrived at 6 o'clock this morning, being Battery A, Light Artillery, from Wichita, with its Ga*-- ling gun, and Go. G, Second RegimenV, Kansas National Guard, from Marion. The night had been one of anxiety, within as well as without the State House. Gover- nor Lewelling, Private Secretary Close and the members of the Executive Council of State, as well as a number of prominent cit- izens, apprehensive of the final result, re- mained up all night in the Governor's pri- vate ofiioe, where consultations were held hourly and every conceivable plan for set- tling the trouble without bloodshed was dis- cussed. It was only after weighing the mat- ter in his own mind for hours and taking the advice of his most trusted friends, that Governor Lewelling had decided to call out the militia, and he was determined to ex- haust every pacific means for an adjustment of the legislative differences before resort- ing to the extreme measure of calling into requisition the military forces of the State. Of course the Republican House could not remain in continu,al session for any great length of time without being supplied with food and refreshments from the outside, and as the guards were instructed to allow no one to enter without a pass, the scheme adopted at noon Wednesday became impracticable for further use. It could never have been utilized but for the presence of Republican sympathizers in the lanks of the militia, who deliberately violated their instructions 50 THE THIRD DAY. to refuse admittance to all persons not pro- vided with proper passes, in order to relieve the beseiged. It is preposterous to think that passes would have been issued for such a purpose by the Governor or Adjutant Gen- eral, so that the inevitable conclusfon is forsed upon us that the lines were passed through connivance upon the part of the guards. A yet more gross violation of military orders and discipline was shown when, at 10 o'clock that night, the Populists discov- ered that provisions and coffee were being Bent up to the imprisoned members and offi- cers of the Douglass House by means of ropes lowered from the hall windows to the ground. They immediately proceeded to put stop to it, but those on the inside had al- ready been so liberally supplied that no in- convenience was suffered until next morn- ing. Then many of the members came out in squads and breakfasted, returning with as much as they could carry for the Deputy Sergeants-at-Arms, who did not dare to leave the hall for fear they would not be permitted to return. As there were so many of these Deputies that the demand could not be met in this manner, several of the United StateB-[niail carriers were pressed into service.^ i, NewS mail sacks were filled with provisions and ten- gallon cans of hot coffee, auove which a few old papers were placed, and thus equipped the federal em. the Kansas National Guards, with the inten- tion of making him the commandant of the troops as soon as his nomination should be confirmed. THE SHEKIFF CALLS FOE VOLUNTEEES. At 9:30 a. m,, in pursuance of a plan agreed upon the night before, Sheriff John M, Wilkerson appeared in the Copeland Hotel lobby and issued his proclamation, calling upon able-bodied men twenty one years old and upwards to enlist as Deputy Sheriffs, fox the ostensible purpose of pre- serving the peace. Three recruiting stations were opened — one at the Copeland club room, one at the hall of Lincoln Post No. 1, Giand Army of the Republic, and the other at the Sheriff's office in the Court House. The first to respond to this call for volunteers was Col. A. B. Campbell, Adjutant General under Governor Martin's administration, who was appointed Chief Deputy and placed in command. The next was Rev. W. F. File, the well known pastor of one of the Topeka churches. By 11:30 a m. nearly 500 deputies had been sworn in, when a large detachment was sent to the Santa Fe Depot to meet and disarm the Provisional company en route to Topelra from Lawrence to assist the Gover- nor and the militia forces. This company was formed from the ex- members of the famous Robinson Rifles, one of the oldest military organizations in the State, which ployes proceededj^to relieve the insurgent was reorganized through the instrumentality garrison of Representative Hall. In order that Ihey might not be interfered with in their illegal and unjustifiable work, the United States Marshal and his Deputies were on hand to arrest any Guard or officer who attempted to interfere with the United States mails (?) and thus the hungry Depu- ties were supplied with eatables and drink- ables. COLONEL HUGHES BELIEVED. Upon the dismissal of Colonel Hughes from the command of his regiment at 9 o'clock on this morning, he was succeeded by Lieutenant Colonel George Barker, of Holton, who did not, however, succeed to the command of the entire force of militia concentrated on the State House grounds. On the contrary, the governor sent to the Senate the name of Hon. I. H. Hettinger, of Sedgwick, to be a^^Brigadier General of of Ex-Governor Robinson himself to aid the the State authorities in suppressing the re- bellion. Inasmuch as the Lawrence con- tingent came unarmed and was about 100 strong, it was not molested by the valiant deputies, who returned to the Copeland. At noon the "Robinson Rifles," Capt. W. H. Sears commanding, reported to Adjutant General Artz, after which, by the instruction of the Governor, they attempted peaceably to gain admission to Representative hall. They were without uniforms, arms or any warlike paraphernalia, and were directed to forego all force or violence, but if possible to ac complish an entrance as citizens of Kansas. They were, however, summarily driven back from the door of the cloak room by the guards. There was not a blow struck, nor even a struggle. The company then marched out of the Capitol single file and equipped THE THIRD DAY. 51. themselves from the Adjatant General's supplies at the arsenal. DEPUTIES SEOEETLY INSTBUOTED. At 1 p. m. the entire force of deputy sher- iffs was marched to Lincoln Post hall, where the doors were closed and guarded, all but regularly sworn officers being excluded. Here the work of organization proceeded under the direction of Col. Campbell. Thir- teen companies of twenty- four men each were formed and placed under the command of an equal number of experienced oificers. There was also one company consisting of forty-one men, to the command of which Captain A. M. Fuller was assigned. This was supposed to be the flower of the posse. Sheriff Wilkerson explained to the captains his plan of campaign, which was not to take the initiative, he said, in any case, but in the event of an attempt by the militia or any other force to remove the Republican House from the Hall of Representatives, he should move on the Capitol with his whole force, take possession at any cost and pre- vent the ejectment of the insurgents. Colonel Campbell made an address to the entire force, advising extreme caution, after which the fourteen companies were dis- missed with orders to report at once at designated points, such as the Copeland Hotel, the National Hotel, Republican head- quarters, etc. Captain Fuller's company remained at Grand Army hall, but all were ordered to be held in readiness to act at a moment's notice. The work of recruiting was continued until upwards of a thousand citizens were sworn in and decorated with blue badges, printed with the words "Deputy Sheriff." But they were destined never to be called upon to act, and it was perhaps well for them that they were not. They were but indifferently armed, some having rifles, shotguns and revolvers, though more were equipped with base ball bats and ordinary clubs, with which they expected to have no difficulty in beating out the brains of the Populists and stampeding the National Guards. It may be said right here that their plans are supposed to have been as follows: The blue-badged Deputies were to march upon the State House, where the Militia who were disposed to mutiny were expected to join them and the combined force was to invade the Capitol from the east front. Al , a pre-arranged signal, the red-badged As- sistant Sergeants-at Arms would leave Rep- resentative Hall and take up a position in the corridor of the west wing. The Gover- nor, the Populist State officials and the loyal Militia and provisional troops, would thusi; be hemmed in between two fires and would be compelled to surrender unconditionally or be shot down in their tracks. The "re- moval" of the Governor had already been so openly suggested to the reckless opposera of the administration that it became neces- sary in order to allay public excitement and apprehension to publish the fact that hi 3 personal safety was amply provided for bp his friends. CHIEF WELCH APPEALS TO THE SANTA EE. R. B. Welch, Chief of the Assistant Ser- geants at- Arms, continued to add to his' force until its number became quite formid- able. The list included bankers, merchants, lawyers, physicians, Washburn students, students of the State University and about every class that could have been drawn from. Had Chief Welch had his own way the entire Santa Fe shop strength would have been, added to his army. One of the amusing incidents of this very trying time, but a significant one for all that, was his attempt to have the shopmem ordered out. It was just after the news reached the Republican House that Gov- ernor Lewelling had called out the National Guards. Mr. Welch was greatly excited at the tidings and declared he would at once summon to the aid of the insurgents all the Santa Fe shopmen. He ran to the telephone and called up the office of Geo. R, Peck, to whom he made known his wishes in. an agitated, yet peremptory manner. Mr, Peck was, however, too old to be caught in this style and the shops were not closed do wa on that day. The details of this little episode were thus, related in the Topeka State Journal of Feb- ruary 15: When it was learned that the Populists would call out the militia, the Republicans in the House were greatly incensed. "I'll fix 'em," yelled R. B. Welch, of this city. "Where is a telephone?" "In the Sergeant-at- Arms' room," some one replied. A rush was made for the room, and Mr. Welch and two other men broke m the door. A young man captured the tele » 52 THE THIRD DAY, phone, but he was jerked away, and Mr. Welch called for "George R. Peck, Santa Fe offices." This caused a sensation, but a minute later the sensation was doubled. *'Mr. Peck, I wish you would order out all the shopmen yoji can get." There was de- lay in receiving response to the telephone, but as soon as the object of the telephoning was learned the Republicans went wild with excitement and exthusiasm. ME. WELCH'S STATEMENT. The same paper, in its issue of February 18, contained a statement from Mr. Welch as to how he happened to call on the Santa Fe shopmen, which fully confirms the truth of this interesting bit of history. It was as follows: Camp Douglass, February 18, 1893. To the Editor of the State Journal: Dear Sie:— The statement in the Journetl of a few days ago, that as commander of the Assistant Sergeants-at-Arms, I requested George R. Peck to order out their shopmen does me and those whom I represent injus- tice. The article was more erroneous in what it did not say than in what was said. When the door to the Sergeants-at-Arms' room containing the telephone, was broken through, your reporter, Elwood Peffer, was the first man through,' and to the 'phone al- though he did not assist in opening the door. I do not complain of this, I rather admire the enterprise displayed as a re- porter, but I gently put him to one side and called the law department of the Santa Fe. Mr. Peck was not there, and I called for Mr. Hurd, who, as I understood, talked to me* I do not know the terms I first used. I was not studying rhetoric just then. As I remember it, the conversation was a la United States. His answer was that they wished all of their employes to act as any other citizens. I replied that this was all we expected, but that I wished him to give the boys in the shops information that an as- sault was about to be made by the Governor's posse to disband the legal House of Repre- sentatives, and that if any of their employes wished to assist in the defense, to permit them to do so. This is all that I had thought of requesting of the Santa Fe and the rea- son for speaking to them was that there were more more men in a body at the shops than any other place in the state, and were near at hand. Nor do I wish to apologize for this action. In the emergency of that time I was not disposed to consult the prejudices of either socialists or anarchists. I know many of the men working in the shops and know they have no sympathy with lawlessness and are possessed with the necessary brain, brawn and courage for the emergency. Yours truly. R. B. Welch. The excuse for accepting the services of the Washburn lads is said to have been that the Republicans might thereby secure the guns with which that institution is supplied by the Federal government. Colonel D. R. Anthony and ex-Governor George T. Anthony, Mrs. Laura M. Johns, of Salina, and Mrs. W. A. Morgan, wife of Senator Morgan, of Cottonwood Falls, were among the noted personages sworn in as Assistant Sergeants-at-arms, and decorated with red badges. It will be seen that the warlike prepara- tions were actively carried on, and it will readily be surmised that the citizens of To- peka who were awakened in the morning by the notes of the bugle to find thousands of strangers in the city and every incoming train swelling their number, and to see troops parading the streets and martial law prevailing on Capitol Square, had quite enough to work them up to the highest pitch of excitement. Business was practically suspended except at the hotels and restau- rants, the Militia patronizing the latter and crowding their capacity, as was that of the hotels by the presence of so many unex- pected guests. All day long the streets op- posite the east front of the State House were thronged with people who were mo- mentarily anticipating a collision between the opposing forces. All day long there was a line of people essaying to pass the Guards at the east gates and get closer to the scene of action. From this point the crowd filled the streets and side- walks for a block north, east and south. Hundreds came in their vehicles and sat pa- tiently for hours to witness the outcome of the rebellion, and the wall about the Santa Fe headquarters building was black with curious humanity. The number of women who were present was astonishing, and doubtless respect for them had not a little to with preventing an open riot, as opposing partisans now and then indulged in a heated argument that all but ended in blows. The steps of the First Baptist Church, particular- ly, resembled a ladies' gallery in some pub- lic hall, and the sign "Standing Room Only" might have appropriately been hung up at that point at almost any hour. The small boy was omnipresent, and the tougher element became more boisterous and unendurable than ever. A sublime dis- regard of peaceful persons and pursuits was A TRUCE AGREED TO. 53 evinced, and the youth who didn't carry a club as large as himself, and talk in the tones of a Mississippi river fog horn wasn't in it. In short, the demoralizing effect of the insurrection permeated all ranks and classes, and at this remote day it seems lit- tle short of miraculous that there was not a bloody battle on the streets precipitated by some of the outrageous things perpetrated by the young and thoughtless. A few Populists and many Republicans hastened to the city from every portion of the State to uphold the administration in its battle against disloyalty and treason, and al- most every hour witnessed the arrival of fresh troops on the scene. At nightfall the Kansas National Guards concentrated at the Capital included the following: Battery A, Light Artillery, with Gatling gun, Wichita, Capt. William Metcalf. Battery B, Light Artillery, Topeka, Capt. W. H. Parker. Company C, Oakland, Capt. Frank Shap- ter. Company B, Holton, Capt. J. S. Jacobs. Company G, Emporia, Captain Lewis. Independent Rifles, Lawrence, Capt. W. H. Sears. Provisional Company A (volunteers), Capt. J. F. McDonald. Provisional Company B (volunteers), Captain Lindsay. Three additional companies had also been ordere to report at Topeka— from Howard, El Dorado and Eureka. Telegrams from Cities and Towns all over the State announced the departure of hun- dreds of non-combatants for the seat of war, who were about equally divided as to the side on which they were ready to serve, A TRUCE AGREED TO. THE GOVEENOE'S PEOPOSITION TO THE DOUG- LASS HOUSE — A OOUNTEE PBOPOSITION — THE GUNN HABEAS OOBPUS CASE — SPEAKEE DUNS" MOEE ON THE SITUATION — SHEEIFE WILKEE- SON ASKS THE GOVEENOE TO SUEEENDEE THE OONTEOL OF THE CAPITOL TO HIM — ANOTHEE ALL NIGHT SEIGE AND A STOEM. During the forenoon measures were taken to bring about a peace conference, the prin- cipal promoters being ex-Goveruor Robin- son, ex- Governor Osborne, and Colonel Lynde, of Miami. Governor Le welling, still pursuing the conservative and prudent policy which marked his course throughout this troublous week, readily co-operated and before noon gave audience to a peace com- mittee from the Douglass House at the Ex- ecutive office. The result was that at 2 p, m., the following proposition from the Governor was submitted to the Douglass House for its acceptance or rejection, through the hands of Private Sectreary Close: THE GOVEENOE'S PEOPOSITION. Topeka, Feb. 16, 1893. The Governor offers, in the interest of peace and harmony, that he will withdraw the State militia, and not allow the Republi- can House or its employes to be interfered with by the Populists. Provided, That all proceedings that have been commenced by the Republicans arising Tlie situation became more critical every ^^'^^ *he arrest of Ben C. Rich be dropped, jjQ^j, and that the Populist members and em- ployes be not disturbed by the arrest of officials or otherwise, and the Sheriff of Shawnee County discharge his deputies and does not interfere, nor try to interfere, with the acts of the Populists and State officials, including militia, and this agreement to continue in force until the close of the pres- ent session of the Legislature. L. D. Lewelling, Governor. Secretary Close said: "The Governor thought that this proposition 'was a fair one, and in presenting it I hope you can arrange matters satisfactorily to all. There is great danger of a conflict this afternoon, and I do not believe you want to urge this upon us» 54 A TRUCE AGREED TO. For the sake of harmony we offer this. I hope you will accept it at once. If you do not I fear that in the next hour blood will be shed.-' Mr. Seaton said: "I had been asked by the Governor to present this matter. I had good reason to decline, as I knew you would Jiot receive it." At 2:10 the House went into executive ses- sion to consider the Goveraor's proposition and formulate a reply Mr. Sherman, of Shawnee, moved that the proposition be referred to a committee with instructions to prepare a counter proposition to be offered on the part of the Republican House to the Governor. Mr. Swan, of Shawnee, was opposed .'ito temporizing. "Calmly and coolly we stand here upon a vantage ground," he said, * 'which has been gained by hard work and fikill, and we should not yield one inch." Mr. Benefiel, of Montgomery, said this was the legal House and he was not in favor of receding in the least. Mr. Richter, of Morris, was opposed to dealing with the Governor until he had re- moved the militia; this House had not, he waid, menaced the Governor, nor any of his pets. Mr.^ Ballinger, of Coffey, was in favor of making one more proposition to the Gover- nor, and Mr. Eastman, of Ljon, and Mr, Cubbison, of Wyandotte, coincided with him, the latter holding that it was right to listen to any proposition looking to a settle- ment, although they were as determined as ever to adhere to their position. Speaker Douglass,, as a member merely, -counseled the House to submit another prop- osition to the Governor, and Speaker Pro Tem Hoch expressed the same view, adding that the proposition would be so fair that no fair-minded man in Kansas would object to it. This idea was favored by Mr, Greenlee, of Reno; Mr. Warner, of Cherokee, and others. The Speaker finally appointed Hoch, of Marion; Sherman, of Shawnee; Cubbison, of Wyandotte; Atherton, of Russell, and Benefiel, of Montgomery, as a committee to prepare and submit a counter proposition. A OOUNTEB PEOPOSITION. At the end of half an hour the committee r eported through Chairman Sherman; and after some farther discussion and amend- ment the following was agreed upon as the counter proposition: The House of Representatives over which Hon George L. Douglass presides, having commenced contempt proceedings against certain persons for the sole purpose of car- rying the difficulties existing between it and the body presided over by Hon. J. M. Duns- more before the courts for legal settlement, now, in the interest of peace, agrees to the following: First. — To dismiss all contempt proceed- ings heretofore commenced. Second. — The body presided over by Hon. J. M. Dunsmore to arrest Frank L. Brown, Chief Clerk of this House, and the body presided over by Hon. George L. Douglass to arrest Ben C. Rich, Chief Clerk of the body presided over by Hon. J. M. Duns- more, both of said arrests to be upon the charge of contempt and to be made imme- diately, 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 legality of the respective Houses. Third. — The Governor to discharge and dismiss the State militia and provisional guards. Fourth. — The Sheriff of Shawnee 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 pos- session of Representative Hall, with all ap- purtenances, 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 misunder- standing in the future, that the agreement of these resolutions or plan of action shall be ratified by the signatures of each of the presiding officers of both contending bodies and the Governor. Messrs, Sherman, Chambers (democrat), Benefiel, Cubbison and Atherton were ap- pointed a committee to submit this counter proposition to the Governor, which they did immediately, returning shortly with the an- nouncement that the Governor had asked until Friday morning at 9 o'clock to consider the proposition, at which time a conference between the Governor, the Populists and the Republicans would be held, THE GUNN CASE. The case of L, C, Gunn, above referred to, and which was destined to play an important part in the legislative muddle, will be spoken of more at length in another chap- ter. He had been arrested at his home in Labette county, on Wednesday, February 15, by C. C, Clevenger, Sergeant-at-Arms of A TRUCE AGREED TO. 55 the Donglass House, and brought to Topeka to answer to the charge of contempt in re- fusing to obey a summons issued by the House Elections Committee. On his arrival here, Mr. Gunn at once petitioned the Su- preme Court for a writ of habeas corpus, which was granted, and he was released un- der a $500 bond, to appear at 10 a. m. on Friday, February 17, for a final hearing. The grounds on which the writ was applied for were that the Republican House was an illegal body, and had no authority to com- mand his appearance. As a matter of fact, his offense and arrest were pre-arranged by the Republicans, in order to get the whole matter before the Supreme Court, where they anticipated a favorable decision on the legal status of the House. SPEAKEB DUNSMOEe's STATEMENT. On the afternoon of this same day (Thurs-- day, February 16,) the Populist House, be- ing deprived of the use of their hall, which was in the possession of the Republicans, secured temporary quarters in the Stormont bmlding, where it met in the afternoon at 3 o'clock and proceeded with the business of the session. Several bills were received from the Senate and read by title and it was determined to pass all important measures and adjourn at the earliest possible date. Speaker Dunsmore furnished the following statement concerning the House situation for publication: With the attempt of the Douglass organ- ization to arrest Chief Clerk Ben Rich, it became my duty to protect him in my office. Any other course would have been cowardly, and a recognition of Douglass and his Re- publican House, calculated to destroy the organizatian recognized by the Governor and Senate. The claim made by the Republicans in that they took that method to get into the Courts is false. It was unnecessary to do so, for the reason that bills passed by the Legis- islature, as tow organized, gave them am- ple opportunity to test any legal questions involved. The real object of the Republicans was and is to destroy the organization over which I preside, and its records, and thus force the governor and senate to recognize them, and with the further intention of holding another election. I took suoh course as I deemed best to protect the House organization, instructing my sergeant-at- arms to use no more force than necessary, and in no case take life, except in defense of their persons. When my guards were over- powered I laid tne matter berore tne gover- nor, and he acted promptly. I had, a short time previously, in antici- pation of trouble, made a written request for such force as the Governor may believe proper under the circumstances. The ques- tion as it now stands is simply whether or not the Republican party can compel the Governor and Senate to recognize a body of men whose organization was not effected by men who were elected by the people. J. M. DuN«M0EE, Speaker, THE sheriff's IMPEETINENT DEMAND. About 5 p. m. Sheriff Wilkerson, who had been engaged all day in organizing his posse of nearly one thousand deputies, called on Governor Lewelling and stated that he was amply prepared to defend the state property, and asked that he be given control of the capitol. The Governor met this act of unparal- leled impertinence and j audacity with a "prompt refusal to withdraw the militia, as he had the authority to call them out and to preserve the peace, which the Sheriff had refused to do when called upon Tuesday evening. The Governor and the Sheriff came to no new understanding regarding the hostilities, but it was agreed that no aggressive Jmove should be made on either side and that everything should remain in statu quo unti 9 a. m. Friday. The Sentries and the Picket lines were therefore retained about the Capitol all night, while a force of Deputy Sheriffs was detailed to patrol the grounds on the outside of the military cordon and a company of Deputy Sheriffs was held under arms at the Court House all night to be ready in case of an emergency. A EOUGH NIGHT. The Republican House again spent the night in Representative hall, once or twice communic resentatives working in conjunction, passing appropriation bills, passing the various beneficial 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 moment that it will be impractical for these two bodies, the Douglass House and the Senate, to coma together in such relations with each other as ta perform the functions of the legislature during this session — during the brief periop that now remaina It seems to me that the force and effect of this decision must necessarily be that this state is without legislation this win- ter und that such conclusion is reached by a collateral decision in this case. Did the constitution, did the framers of the constitution, 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 House, publishling as laws the enact- ments of those bodies, that after all these things have occurred,did the fram- ers of this constitution intend that this court might then step in and brush it all away as a mere phantasm, as mere nullity in a collateral proceeding? It seems to me clearly not. ''Before the Donglass House can restrain any citizen of his liberty, it must be the House of Representatives; It must be in the discharge of the func- tions of the House of Representatives. This warrant was issued on the thirteenth day of February. It was issued after laws had been enacted, or attempted, at least. JUSTICE ALLEN'S DISSEi. 79 to D3 enacted by th« House and the Senate and bad been approved by the goverDor and bad been published in the offioial stale paper. They had been tiled in the office of the secretary of state, had received all tho formal Banctions that the oonBtitution requires in order to make them efifeotive as rules of action in this state. Then this House presided over by Mr. Douglass undertakes to exercise the power of a a House of Bepresentatives and to re- Btrain a citizen of his liberty. The ques- tion here presented is ndt so much a question whether the Dunsmore House was in fact the House of Repcesenta- tives, as it is a question whether the Doucrlass House was in fact the House of Representatives. "How oan it be said that a body of men whom the governor of this state re- fuses to recognize as t"he House of Rep- resentatives, whom the Senate refuses to recognize, whom all the executive de- partments of the state refuse to recog- nize, can be a de facto House of Repre. eentatives? How can it be said that any officer who undertakes to discharge the duties of an office, who is not re- garded as such officer by any de- pariment of the government with which it seeks to do business who cannot effectually carry out any duties devolving upon him aa such of- ficer, who cannot effectively perform any act as such officer, how can it be said that be is a de facto officer? De facto means in fact; it means in the act- ual exercise and discharge of the duties of the office. "Now, something has been said in reference to the right of the House of Represtntatives to do some things prior to its recognition, prior to any inter- course with any of the other branches of the government. It may be conceded for tbe purposes of this case, in my judg- ment, that these things may be done by the House, yet we do not have a fully or- ganized ledjslatuje within the meaning 6f the oonstltution until we have the bodies acting in concurrence with each other. It is true they are separate and distinct in the exercise of their duties as separate Houses, but they to- gether 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 Repre- sentatives. "When a jnal quorum — and I might saj lat I fail to find id the journal o \ LIBRARY OF CONGRESS iiipi I nil rill 016 094 397 A