A standard history of Kansas and Kansans, Volume II, Part 63

Author: Connelley, William Elsey, 1855-1930. cn
Publication date: 1918
Publisher: Chicago : Lewis
Number of Pages: 632


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of people had come to witness the trimmph of the cause. There was the old guard of the reform movement who had been on the fighting line since the days of the Independent party in the early seventies. They had worked and voted for Peter Cooper in 1876, and for Weaver in 1880, under the Greenback banner, and had followed the same principals through the Anti-Monopoly, Union Labor and Alliance movements. To them the occasion meant the wresting of the government from the tools of corporate greed and turning it over to the people. There were farmers


JERRY SIMPSON, ONE OF THE POPULIST LEADERS


| Copy by Willard of Portrait in Library of Kansas State Historieal Society ]


in great numbers, who felt that this was the day of their salvation, and of their deliverance from the elutehes of the money power. There were newspaper men, not only of the reform press of Kansas, who were there to cheer, but representatives of every leading paper in the country, whose object in most cases was to throw what discredit they eould ou the doings. The anticipation of excitement in the organization of the lower branch of the Legislature, which was to take place the next day, had attracted an unusually large number of Republicans to the Capital City to witness the outcome. So, the crowd was far in excess of any gathering ever assembled in the State.


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An elaborate parade was arranged to do honor to the occasion. In the triumphal procession rode Mrs. Lease, in a new silk dress and bonnet. Jerry Simpson delayed his departure for Washington to take part in the ceremonies, and said it was better than a trip around the world. Then there were John F. Willits, Judge Rightmire, Levi Dumbauld, Dr. S. MeLallin, S. S. King, S. M. Scott, Diek Chase, S. H. Snider, Charles Moody, Fred Close, Householder, Yount, Mrs. Anna L. Diggs, Judge Doster, Rev. W. G. Todd, G. C. Clemens, and a seore of other leaders, including A. J. Streeter, Populist leader of Illinois, who was the Union Labor candidate for President in 1888. It was a great moment for these leaders who had been vilified in the press and from the platform, and who had been rotten-egged and subjected to all manner of personal indignity, when they rode down the Avenue amid the wild and prolonged cheers of their followers.


The doors of Representative Hall were thrown open to the publie at ten o'clock, and inside of an hour it was packed. Decorations of ever- green held together by red ribbons entwined the eentral chandelier and extended to the corners of the room, and were mingled with flags and flowers over the walls. The Speakers' stand was banked with palms and roses, and above it the great flag was tied to the gallery pillars with evergreens and roses. About eleven o'clock the ladies of the Shawnee County Alliance unfurled a large silk banner bearing the Populist motto in letters of gold : "A government of the people, by the people and for the people, shall not perish." A life-sized portrait of Governor-eleet Lewelling was then raised in the front part of the Hall, and the enthusi- asm of the crowd knew no bounds.


The inaugural ceremonies were held at high noon, with John W. Breidenthal, Chairman of the People's Party State Committee, pre- siding. He opened the exereises with the remark that this was the inauguration of the first People's Party administration on earth. Prayer was offered by Dr. W. G. Todd, pastor of Everybody's Church in Topeka. The retiring governor, L. U. Humphrey, made a short address, after which Governor Lewelling was introduced. He reviewed the age-long struggle of the poor and oppressed against power and wealth, and appealed to the people of Kansas to array themselves on the side of humanity and justice, deelaring it to be the mission of the State to protect and advance the moral and material interests of all its citizens, but the especial duty at this time to protect the producer from the ravages of combined wealth. In defining the function of government Governor Lewelling said :


The State is greater than party, but the citizen is greater than the State, while the family of the citizen produces the priceless jewel of our civilization. The problem of today is how to make the State subservient to the individual, rather than to become his master. Government is a voluntary union for the common good. It guarantees to the individual life. liberty and pursuit of happiness. The Government must make it possible for the eitizen to live by his own labor. The Government must make it possible for the citizen to enjoy liberty and the pursuit of happiness. If the Government fails in these things, it fails in its Vol. II-37


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mission. It ceases to be of advantage to the citizen ; he is absolved from his allegiance, and is no longer bound by the civil compact. What is the State to him who toils if labor is denied him and his children cry for bread? Is the State powerless against these conditions? Then the State has failed and our boasted civil compact is a hollow mockery. But Government is not a failure, and the State has not been constructed in vain. The people are greater than the law or the statutes, and when a nation sets its heart on doing a great or good thing, it can find a legal way to do it.


At the conclusion of his address, Lewelling took the oath of office for- lowed by the other State officers. Ordinarily the ceremonies would have been over, but not so at a Populist jubilee. Jerry Simpson was called for and made a few remarks. Mrs. Lease was then called for and said a few words. Other speakers were demanded, but Chairman Breidenthal fearing a long drawn out session, shut them off and sent the crowd away.


While the newly installed officers were holding their reception in the State House that night the Populist orators held a so-called camp meeting in Representative Hall. The meeting was opened by band music at 7:30 and lasted till a late hour. Mrs. Lease was on hands with an original poem, but before reciting it she made a few remarks in prose. Referring to the Southern trip taken by the Weavers and herself she said the statements concerning the indignities they suf- fered were not overdrawn. "The fact was," said Mrs. Lease, "Mrs. Weaver was made a regular walking omelet by the Southern chivalry of Georgia."


The Rev. W. G. Todd was the next speaker. In course of his remarks he made the following observation: "The Republican party is a party of socialism. Every line of its advance has been upon the tone of socialism. The Republican party started out right, but greed and selfishness took possession of it and we have laid it aside."


Mrs. Diggs was called for and talked on the poverty of New York. the riots of Tennessee, and on equal suffrage and prohibition. Judge Doster said that the People's Party ideals were made up of the best principles of Republicanism and Democraey. G. C. Clemens spoke on reforms in the judiciary. Other speakers were Associate Justice Allen, Lieutenant Governor Daniels, and Jerry Simpson. The latter made a rather inflammatory address, or one which at least gave his enemies an opportunity to say that the Populists had planned the events that transpired the following day. The following paragraphs are culled from his remarks:


I want to say to you Republican friends yet on the outside, you can't put this movement down by sneers or by ridicule, for its foundation was laid as far back as the foundation of the world. It is a struggle between robbers and the robbed. I have read history to learn why it was people had lived so long and are yet so far from the ideal government of the statesman. They have failed because they made the governments and tried to fit the individual to it.


The struggle in this state was not between the People's Party and


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the Republican Party, but between the People's Party and the railroad corporations. You have beaten the Santa Fe Railroad, and you must take charge of the government. You must organize the Legislature in this Hall tomorrow, and I wouldn't let the technicalities of the law stand in the way. Call this revolution if you will. I do not favor revolu- tion in this case only as a last resort, but see to it that you organize the Legislature here tomorrow.


So closes the record of the one glorious and perfect day which the Populists enjoyed, crowning their long and bitter struggle for success. and preceding the more bitter struggle that led to their downfall as a party organization.


XVI


A HOUSE DIVIDED


Determined upon a life and death struggle for ascendency in the lower branch of the Legislature, the two dominant parties went into caucuses on the night of the inaugural, and did not adjourn until morning. Sixty-five of the one hundred and twenty-five election certificates were held by the Republicans, which would have given them the majority had no contests been brought. They planned to ignore these contests, and take the stand that, having a majority of the election certificates, they were in the . majority. If the Populists objected to this they determined to go ahead with the organization of the House and insist upon being recognized by the courts. To that end they made nominations as follows: Temporary Speaker, J. K. Cubbison; Speaker, George L. Douglass; Speaker pro- tem, E. W. Hoch; Chief Clerk, Frank L. Brown; Sergeant-at-arms, C. C. Clevenger; Chief Enrolling Clerk, Mrs. L. C. Hughes. The Repub- lican caucus was held at their headquarters at the Copeland Hotel.


The Populists held their caucus at Lincoln Post Hall on East Sixth Street, and nominated the following officers: Temporary Speaker, W. H. Ryan, of Crawford; Speaker, J. M. Dunsmore of Neosho; Chief Clerk, Ben C. Rich. of Trego; Sergeant-at-arms, Leroy F. Dix, of Labette. Their plan was to exclude the holders of contested seats from voting, which is according to precedent and parliamentary law. In Congress the holder of a contested seat may occupy a seat during the hearing of his case, and then only for the purpose of defending him- self, and not to vote. As the Populists had brought eighteen contests, and the Republicans but seven, the barring of these contestants would have given the Populists fifty-one votes against the Republicans' forty- seven, with two Democratie votes in doubt. Out of their sixty-five elec- tion certificates, one was held by an Independent Republican, whom the Republicans decided to put in the doubtful list along with the Dem- oerats. Another certificate was held by A. W. Stubbs, a Republican, of Haskell County, whose seat they conceded to Joe Rosenthal, a Dem- ocrat. This left the Republicans with sixty-three votes that they could absolutely count upon. The Populists had fifty-eight solid. In the


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event of the barring of the contestants, the Populists would have had a clear majority of two votes against the combined strength of the Republicans and Democrats, while the Republicans had a constitutional majority in the event that those holding certificates were allowed to vote. Each side determined to enforce their program by any means fair or foul, and there was a general feeling that trouble was brew- ing. This was the situation upon the convening of the Legislature at high noon on January the 10th, 1893.


Long before the noon hour the galleries were filled with partisan spectators, and a considerable number of women were present in the interests of suffrage legislation. The members of the house said very little, but adherents on both sides talked loudly of using physical foree. By request of the Republican State Central Committee. Sheriff Wilker- son had sworn in fifty deputy sheriff's, who were stationed about the State-house grounds and in the building. Attempts to rush the doors and gain access to the floor of the House were safely resisted by those in charge. Sheriff Wilkerson and a number of others including Rufe Cone. ex-sheriff of Sedgwick County; J. S. Clark, ex-sheriff of Doug- las County ; ex-Sheriff Gibson of Cowley County ; ex-Sheriff Need of Clay ; Frank Naylor, ex-sheriff of Jackson County; and Ben C. Rieh. chief clerk of the last House, were admitted to the floor through the courtesy of friends who were members. The Republicans anticipated ยท trouble in getting their members who were holders of contested seats into the Hall, but no attempt was made to refuse them admittance.


Both sides were loath to open the proceedings and high noon eame and went without a move on either side. At 1:25, Secretary of State Osborne, took the Speaker's stand and ealled the House to order, stat- ing that it was his duty to place before the House its roll of member- ship, but that as there was no law requiring him to aet as chairman pending the organization of the House, he would not do so without the unanimous eonsent of the members. Mr. Douglass of Sedgwick, leader of the Republiean forees, was on his feet in an instant with an objeetion, stating that there was neither eustom nor law for such an action on the part of the Seeretary of State. Mr. Dunsmore, the Popu- list leader, rose and said that the fact that Mr. Douglass recognized Mr. Osborne gave him a right to be considered the temporary chairman, and that the Secretary of State was the only man who could preside during the challenging of the right of the members to their seats, and insisted that unless he were allowed to preside that there would be no presiding offieers, and henee it would be impossible to determine who were entitled to seats.


But the matter of who were entitled to seats was not worrying the Republicans. The Populists had said they were going to ehallenge the name of every member on the roll whom they thought was not entitled to a seat, and that this matter would have to be settled before any other business was taken up, if it took the entire session. The Republicans then sought to prevent the reading of the roll in order to avoid these challenges being made, with the hope of later throwing


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the matter into the courts instead of allowing it to be settled in the House, as provided by the constitution. Mr. Douglass rose for the second time and requested that Mr. Osborne read the roll to the House, but denied the right of any one to address him with an objection, as he was not the presiding officer. Under this restriction the Populists preferred not to have the roll read, as they wished to enter objections to those whom they thought not entitled to seats. At this point W. L. Brown entered the room with a message from the Senate, and addressed Mr. Osborne as the presiding officer. Half the Republicans on the floor rose up with an objection, and the wildest excitement prevailed. Mr. Osborne remarked that as soon as the house had organized he would read the roll, and retired from the room taking it with him.


As soon as the Secretary of State left the Speaker's stand the Republicans began the election of their officers. J. K. Cubbison pulled a gavel from his pocket and rushed for the Speaker's stand, while his nomination for Temporary Speaker was being made and seconded and the vote being taken. At the same time R. H. Semple, a so-called anar- chist of Franklin County, took possession of the official gavel for the Populists, and both rapped for order. The Republicans had laid their plans for this kind of an emergency, and soon had their complete lists of officers elected, while the Populists were evidently taken by sur- prise, and before they knew what was going on the Republican House was in working order and the first bill had been introduced. The Populists had taken no part in the voting, and now proceeded to elect their officers, making Mr. Dunsmore Speaker. He took the speaker's stand beside Mr. Douglass, who was already presiding over the Repub- lican House, and amid the din and confusion prevailing on the floor, and in the galleries, each entertained and put the motions of their respective organizations. The Republicans made haste to dispatel a committee to the governor to inform him that the House was organized and ready to transact business. Mr. Lewelling replied that he was not ready to receive them. The Populist and Republican messengers reached the Senate at about the same time and the Senate refused to recognize either of them, hoping that an agreement would be brought about before it would be necessary for them to act. In order to give their House a standing, the Republicans introduced several bills which were ready to present. while the Populists felt their way along as if they were on an unknown sca.


Things calmed down somewhat by three o'clock, and as nobody had had any noon luncheon, sandwiches were sent for by the Populists. who. after serving their own side of the House, supplied both Speakers and dumped the remainder to the Republicans. Meantime the excitement had spread to the outside, and hundreds of men had congregated in and about the building, each side indulging in threatening talk. No one succeeded in gaining access to the Hall except the State chairmen of the three political parties, the newspaper men, the members and a very limited number of friends.


Very little business was transacted the balance of the day. Both


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sides fixed up a roll of membership to suit themselves. The Republi- cans were joined by the one Independent. The three Democrats decided not to take sides. The Populists proceeded to read the roll and chal- lenge the names as they had planned. They threw out the eighteen members whose seats they had contested and seated the claimants, only eleven of whom were present. Those sworn in. under this action were, J. W. Howard, D. M. Howard, Ed. Shellabarger, V. Gleason, W. H. White, II. Helstrom, J. W. Wilds, J. N. Goodwin, E. B. Brown, John Morrison, and O. M. Rice. By this action the Populists claimed to have established a constitutional majority for the transaction of business.


It was now about four o'clock, and no more business was attempted by either House. No adjournment was taken, and the session lasted all night. At about two o'clock in the morning the two Speakers reached an agreement by which they could both obtain a little rest. With their gavels in their hands they laid down behind the desk facing each other and slept until six o'clock.


The next morning the Douglass House adjourned, and immediately reconvened, and an hour later the Populists did the same thing. At 12:30 a conference committee composed of the two Speakers, ten Pop- ulists, ten Republicans, three Democrats, ex-Governor Gliek, John S. Richardson, of the Wichita Beacon, and J. B. Chapman of the Ft. Ncott Tribune, went into session with Governor Lewelling. It was agreed that both Houses should stand adjourned until 9 A. M. Thurs- days, the 12th. In the meantime the matter was to be referred to a committee which should be made up as follows : Republiean : State Chair- man Simpson, Eugene F. Ware, Cyrus Leland. Jr., J. R. Burton, and Colonel R. W. Blue; Democrats: State Chairman Jones, Tully Scott, John Hanon, J. W. Orr, and Frank Bentley; Populists: State Chair- man Breidenthal, Jerry Simpson, Judge Frank Doster, and Colonel W. A. Harris. This proposition was adopted by both houses and adjournments were taken.


Among the events of the day were manifestos sent to the Governor by both Houses laying their claims before him and asking his recogni- tion. A mass meeting of Populists in which they issued a circular expressing themselves in the language of Mirabean of the French Assembly : "We are here by the will of the people, and will disperse only at the point of the bayonet."


The committee representing the three parties met in the evening and consumed the night in efforts to agree on a plan for the adjust- ment of the difficulty. Each party submitted a plan. That drawn by the Populists called for a commission of five judges to pass upon the contests. These judges were to be chosen by the votes of the entire membership of the house, including those holding contested seats and the contestors as well, and were to be selected from the following named gentlemen : The Hons. A. H. Horton, Chief Justice; W. A. Johnson and S. II. Allen, Associate Justiees of the Supreme Court ; the Hons. C. G. Foster, U. S. District Judge, J. Humphrey, Distriet Judge, John I ..


EUGENE F. WARE ( IRONQUILL). PIONEER, SOLDIER, LAWYER, AND THE GREATEST POET OF KANSAS


(Bronze Bust in Rooms of the State Historical Society) [Photograph by Willard, Topeka]


[Eugene F. Ware was a captain of Iowa troops in the Civil War. He settled in Kansas in 1866, homesteading a farm which his chil- dren still own. He lived long at Fort Scott. He was an eminent lawyer and a fine business man. Ile wrote several very valuable his- torical works. And his Rhymes of Ironquill has been read in every land under the sun. Mr. Ware filled many public places in both state and nation, the last being Commissioner of Pensions under President Roosevelt. The greatest poet of Kansas was Engene F. Ware. The growth of Kansas has been put into immortal verse by him. Mr. Ware died in 1912 and is buried in the National Cemetery at Fort Scott.]


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Morton and L. Hawk, ex-Distriet Judges; John I. Little, Attorney General, and Hon. T. Heard, ex-Judge.


This proposition was rejected by both Republicans and Democrats. The plan drawn by the Republicans called for an investigating com- mittee on elections, composed of three each of Republicans and Popu- lists and one Democrat. The Democrats wanted to refer the matter to a tribunal composed of the Supreme Court and two additional judges of high standing. The session of this committee lasted fourteen hours, and, except for the loss of sleep, everybody was as well off as if it had never been appointed. It was reported that there was strong lan- guage, and threats of physical violenee on both sides.


Some disappointment was felt when the committee reported the next day that nothing had been accomplished. The day wore on with- out event until about 2:30 P. M., when the three Democratie members came over and joined the Republicans. Three hours later great excite- ment was caused by a message from the Governor in which he recog- nized the Dunsmore House. The Senate adjourned without taking action, but the next day, Friday, January 13, that body officially received Ben. C. Rich, the Chief Clerk of the Dunsmore House, who read a message. Formal recognition followed the next day. The Repub- licans taeitly admitted that this gave the Dunsmore House a standing as the legal House, and predicted that the Populists who had control of the doors would refuse to admit the Republicans, or that they would eject them by force, and The Daily Capital announced that a elash was imminent. However, nothing of the sort was planned by the Pop- ulist House, and before adjournment for Sunday, a proposition was made to the Republicans, looking toward a peaceable settlement. The Douglass House passed resolutions condemning the use of twenty-five guards of the militia which the Dunsmore House had on duty, ignoring the faet that Sheriff Wilkerson had fifty deputy sheriffs on duty at their request. The Democrats issued a manifesto setting forth the claims of the Douglass House and giving their reasons for recognizing it. Jerry Simpson met with Chairman Jones of the Democratie State Central Committee, and by mutual agreement decided that the two parties should have nothing more to do with each other. Mrs. Lease and other leaders felt relieved to be rid of the accusation of being in league with the Democrats, and had the Populists had the wisdom to keep to the middle of the road, winning or losing. as she then advised them, they might have retained their hold on the people.


Meantime the Republicans were making efforts to get the matter at issue in the hands of the Supreme Court. On Wednesday. the 11th, they demanded of the Secretary of State that he lay the contests before the Douglass House for settlement. This, of course he refused to do and mandamus action was brought by Speaker Douglass against See- retary of State Osborne, and filed by attorneys, Chester I. Long. J. W. Ady, and F. B. Dawes. Jerry Simpson had advised that in case the Supreme Court found in favor of the Douglass House, it was the duty of the Populist House and Senate to impeach the Judges.


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On the night of Friday the 13th, a mass meeting was held in the opera house to protest against the action of the Governor in recogniz- ing the Dunsmore House. Speeches were made by prominent Repub- licans, and resolutions calculated to influence the Senate, if possible were passed.


Adjournment was taken Saturday until 4 P. M., Monday, to allow time in which to formulate plans for dissolving both Houses and organ- izing a new one. The first week closed with the fortunes of war in favor of the Populists, as they had been recognized by the Senate and Governor and were ready for business. No appropriation bills had been passed, as it was the plan of the Republicans to tie up the treas- ury with an injunction which would involve the legality of their House. The Populists wished to ward off a court decision if possible, as the courts were Republican. But the Republicans were making every effort, and it could be only a matter of time until they would bring it about. One case had already been filed, but the courts like the mills of the gods, grind slowly, and the Populists were in hopes to pass such legislation as would redeem their pledges to the people, and then adjourn before the courts could act.




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