USA > Kansas > A standard history of Kansas and Kansans, Volume II > Part 64
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Instead of going home on Sunday, the 15th, the members of both Houses remained in Topeka, and in place of devising ways and means of bringing about harmony, the time was taken up by both factions in scheming their next move, and discussing candidates for State Printer and United States Senator. Jerry Simpson left on a night train for Washington, which aceounts for his not taking part in subsequent events.
It is worthy of note, that at this time when the Populists seemed to have things coming their way, Mrs. Lease, with a foresight not pos- sessed by other leaders, counseled her party to give it up, even though they were in the right. She realized that the Populists were going against a fixed game, to which there could be but one final outcome, the courts being Republican. In the meantime they occupied a very precarious position, and one in which the pitfalls were many. One false move, however well intentioned, was likely to prove the downfall of the whole cause. She knew that the fight would discredit the Pop- ulist cause in the eyes of many, even though they won, which was hardly probable, as reformers are always held more strictly accountable than others for their actions. Mrs. Lease openly declared that the Populist House and Senate would not have the backbone to follow the advice of Jerry Simpson . and impeach the Supreme Court Judges if they should hand down a decision in favor of the Douglass House. Her advice was justified by subsequent events. The Populists not only lost out in the courts, but they fell into the trap so carefully concealed under the United States Senatorship bait. For the Senator- ship election divided the party into embittered factions, destroyed confidence, and disrupted the organization.
All day Monday the two hostile camps caucused for Senator and State Printer. After short sessions in the afternoon. the eaucuses
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reconvened and remained in session all night. The problem with the Populists was not so much who should be elected as to how to avoid any eleetion at all, as State Printer Snow was a Populist, and he would hold over in ease his successor was not chosen.
On Tuesday, the 17th, the day fixed by the constitution for elect- ing the State Printer, the Governor came to the rescue of his friends by sending his message to the Senate at the opportune moment, and by the time this was disposed of, it was late enough to adjourn. How- ever, the Republicans of the House and Senate held a joint session and elected George Crane State Printer, but no attempt was made to push his elaim to the office.
In his message Governor Lewelling called attention to the fact that constitutional amendments had been published in 161 papers in the state at a eost to the taxpayers of $19,255.60 and that one man's name appeared on the list as "manager." twenty-five times, and he drew $2,990 from the treasury. He suggested a less expensive method be ‹levised. The status of the educational, charitable and penal institu- tions were reviewed at length and liberal appropriations for all three were recommended. A binding twine plant for the penitentiary was recommended, more room in the overcrowded charitable institutions, adequate quarters for the State Historical Society, and a yearly allow- ance to the State Library of $2,000 for books. In order to avoid the exorbitant prices paid for school textbooks it was recommended that they be bought by the counties. A general revision of the constitution and statutes to reduce in bulk and simplify in text was urged, the abolishing of free passes, the election of Railroad Commissioners by the people, the extension of their anthority to regulate freight rates and to prohibit unjust discrimination, the simplification of impeachment proceedings, the ereation of an Appellate Court to have final jurisdie- tion in civil cases where the amount does not exceed a given sum. The revision of the election, the mortgage, and the taxation laws was espe- cially requested, in order that a way of settling election disputes be devised, the terms, "appraisement waived " and "payable in gold" be omitted from mortgages, and the heavy penalty taken from the shonl- ders of the poor in cases of delinquent tax, which is from necessity rather than from choice. Other recommendations covered the abolition of loan sharks and the "store order" system of paying labor, and the appointment of additional deputies for the state bank examiners depart- ment, placing grain inspection beyond the reach of the corporations, a World's Fair appropriation, more time for the deliberations of the Legislature to insure against hasty aetion, and Bureau of Agriculture as a State Department.
After the message was disposed of and the Republicans had held a joint session among themselves for the election of a State Printer, the two Houses heard the reports of their respective election committees, and spent the remainder of the week in the rather amusing oeenpa- tion of unseating the members of the opposition. The Populists "unseated" seven Republican Senators, and the Republicans returned
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the compliment. By the last of the week the question of the United States Senator began to loom up as the important subject. Caucuses were held Friday and Saturday without any definite decision in either party and both Houses adjourned early in the day for the Sunday recess.
There was a tendency among the Populists to put up a fusion cadi- date, but this was strongly opposed by a number of the leaders, among them were Mrs. Lease, John F. Willits, Chairman Breidenthal, Dr. MeLallin, Judge Doster, G. C. Clemens, Rev. W. G. Todd, W. H. Ben- nington and Cyrus Corning. They held a mass meeting on Monday, the 23rd, to protest against any such a move on the part of their party, which they knew would prove fatal to the cause. The three parties took up most of their time in eaucuses. The five Democrats of the House and Senate each voted for a different man, the Republicans leaned pretty strongly to J. W. Ady, while the Populists were divided between Judge Doster, Breidenthal, Martin and Coburn. It was appar- ent to all factions that under the eireumstances nothing but a fusion Democrat of some kind could be seated even if elected. Congress, after the fourth of March would be Democratic, and as any man sent from Kansas could, under the circumstances, be unseated, it was thought that nothing but a Democrat would be seated by Congress. It was only a question of whether it would be a Republican-Democrat or a Populist- Democrat. One faction of the Populists wanted to send a fusion candi- date for two reasons. First he would be sure of a seat, and this would tend to validate the actions of the Dunsmore House, their Senator being recognized by Congress. Second, it would induee the three Democrats who were voting with the Donglass House to join them. This reason- ing was pure enough in its motive. They wanted to establish their House in order to redeem their pledges to the people, but it was a seri- ons blunder.
All parties again went into caucus on the night of the 24th, which was the eve of the election. John Martin attended the Populist meet- ing, and made a speech saying he was a Democrat, but believed in the Populist platform. The tide of battle was turned by a telegram from Jerry Simpson which read: "There is no question about our man getting his seat in the Senate. It would, however, be good policy to send John Martin." So Martin became the caucus nominee of the Populist Party. and with that aet it began its downfall. The people were sorely dis- appointed all over the State. Mrs. Lease was heartbroken. General Weaver pronounced it a serious political blunder. Mrs. Diggs wanted to start a new party. Judge Martin was elected the next day without difficulty, receiving 86 votes, four Demoerats voting with the Populists, but the catastrophe which Mrs. Lease had feared had overtaken the movement, and what started out as a division in the House of Represen- tatives became a division in the Populist Party.
However, it looked for a time as if the Populists had gained a point. The Republicans elected J. W. Ady and attempted to seat him at Washington on the ground that Martin had been elected by the votes
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of those not holding election certificates, but got nowhere with the project. The Populists recovened in joint session on the 27th and re-elected State Printer Snow. The next day Mr. Dunsmore selected his permanent committees and the Populist House got down to work in earnest. The Republicans were all at sea for the time being, and Mr. Dunsmore sent them a notice to cease obstructing the operations of the legal House, disband and get to work with the rest of the House. M. M. Murdock and other prominent Republicans advised them to act on the suggestion. Letters were exchanged between the two Speakers, and by the first of the month an agreement had been reached by which each House was to defer to the other time about in putting motions and transacting business. Things ran fairly smoothly for a few days which proved to be only a calm preceding the real storm.
XVII
THE LEWELLING WAR
The peaceful state of affairs which obtained after the tacit agree- ment between the two houses to take turns at talking, were rudely disturbed February 8, by the introduction into the Republican House of a resolution to vacate the Populists seats and fill them by election, if the Dunsmore House did not dissolve and join the Republican organ- ization by February 21. In the latter part of the same week the Popu- lists decided to allow the matter to go to the courts, and passed a number of appropriation bills.
The Populists claimed that beneath the threat of the Republicans to vacate their seats and fill them by election, lay a plan to unseat the whole Populist administration and set up a provisional government with Speaker Douglass at its head. It was reasoned that in case the courts decided in favor of the Douglass House, which they were almost sure to do, and the Populist members did not come into the Republi- can organization and claim their seats before the day set, that the courts could order the Governor to issue writs of election to fill the seats declared vacant. In the event the Governor should refuse to do this the court would jail him for contempt, and the office would be filled by the next in line of succession. Inasmuch as the Lieutenant-Gov- ernor and the whole Populist administration in turn would refuse to comply with the order, and would in turn be sent to jail, the mantle of authority would eventually descend upon Douglass, who, of course would issue the election writs. Whether or not this was contemplated is uncertain.
On Friday and Saturday, the 10th and 11th, the city began to fill with strangers from all over the State, and all kinds of threats were being made, mostly by irresponsible hangers-on. There was considerable talk of eausing the arrest of the Governor, but the Republicans elaimed that it did not come from any authoritative source. Over Sunday the
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crowd of spectators was augmented, and by Monday morning the State- house was erowded and surrounded by masses of men, indulging in talk of lawlessness and trying to precipitate trouble. The Populists said that these people had been brought in by the railroads to assist in carrying out the Republican plans for the week. Some of the men were armed with revolvers and other weapons of warfare, and there was talk of assassinating the governor, tearing down the State-house and other violent measures. The two factions were each certain that the other was bent on using force, and with this sort of spirit abroad, and the city filled with idle hoasters, hunting trouble, it is a great won- der that bloodshed was avoided.
On Monday, the 13th, the Dunsmore House passed a resolution referring to the Republicans as "that lawless rump house," declaring their organization to be maintained by the corporations to defeat the will of the people, and resolving that the Sergeant-at-arms be instructed to eject them from Representative Hall in order that the work of legislation might go on. The Republicans promptly resurrected their resolution in reference to vacating the Populist seats and passed it. The atmosphere was extremely tense that night. The Senate appro- priation bill passed the Dunsmore House in the evening and was signed by the Governor the next day.
The Republican steam roller went into aetion in earnest early Tues- day morning. Sergeant-at-arms, C. C. Clevenger, was sent to Labette County to arrest L. C. Gunn, an officer of the Dunsmore House for failure to obey a summons to appear before the Dunsmore House as a witness in election contest cases. Just before noon a resolution passed the Douglass House to arrest Ben. C. Rich, the Populist Chief Clerk. for continually interrupting the proceedings of the house by "loud and boisterous language." This action had been anticipated, and Mr. Mr. Rich was not present. Accordingly three deputy Sergeant-at- arms, W. H. Young, L. B. Glogston and Jordan, of Rice, were sent to find him. A resolution was then passed notifying the State Treasurer that if he paid out any money on warrants issued on the strength of the Populist appropriations, he did so at his own risk. The Republi- cans then adjourned until nine o'clock the next morning, and went to their headquarters at the Copeland hotel to await what luck their men might have with Rich.
Mr. Rich was found at the Dutton House. He refused to submit to arrest, but said that his duties would require him to go to Representa- tive Hall after dinner, and if they would wait they could accompany him. While dinner was in progress, a number of his friends assem- bled at the hotel to go with him to the State-house. In the crowd was Chairman Breidenthal, Fred Bailey. S. M. Scott. W. H. Ryan, D. M. Howard. P. M. Gish, J. F. Willits, and two gentlemen by the names of Dick and Williams. Rich left the hotel, after a slight struggle between his friends and the deputies for possession of his person, in custody of both factions and accompanied by a concourse of citizens. The procession advanced from the Dutton House at the corner of
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Fourth Street and Kansas Avenue, in the direction of the State-house, gathering numbers as it went. At the corner of Ninth and Kansas Avenue, Rich attempted to turn west to the State-house. while they tried to take him across the street to the Copeland Hotel, and a free for all fight ensued. Ryan hit deputy Clogston a smash on the jaw, hurling him to the ground, and then straddled his neck while Beridenthal, Wil- lits and Scott attended to the other two. The Republicans got the worst of the eneounter, and the Populists proceeded to Representative Hall where they were received by the Dunsmore House with uproarious applause.
The Republicans then increased their force of deputy Sergeants-at- arms to more than fifty, and the Populists passed a resolution to exclude everybody from Representative Hall but the members, in order to avoid a elash between the Republican officers and their own. They did not at any time intend to exclude the members of the Douglass House, but did intend to exclude this large foree of officers and a still larger force of hangers-on. In the course of the afternoon warrants were sworn out and served on Ryan, Breidenthal, Scott. and Willits for disturb- ing the peace and assault on an officer. All were released on bond. Upon learning of the trouble, and realizing that with so many armed and excited men on the streets, and in and about the State-house, trouble involving life and property was likely to start at any time, Governor Lewelling sent a written request to Sheriff Wilkerson appris- ing him of the situation and calling upon him as the legally consti- tuted . peace officer of Shawnee County, to provide as many deputy officers for the State-house building and grounds as might be necessary to preserve order. Speaker Dunsmore sent a similar request. Sher- iff Wilkerson refused both appeals, saying that he would have nothing to do in the matter, as he did not know which was the legal House. The Governor then sent word to General Artz, who had that day been made Adjutant-General, to take charge of the Populists guards at the State-house and see that order was preserved. A number of the leading Populists, including Mr. Rich, stayed at Representative Hall, and the guards were kept on duty all night. The militia had not yet been ealled out, and the guard were officers of the Dunsmore House.
Open hostilities in what is known as the Lewelling War began a few minutes before nine o'clock on the morning of Wednesday. Feb- rnary 15th. The following is the account spread upon the Journal of the Douglass House :
The members of the House of Representatives being advised that admission to the hall this morning would not be permitted, met at the Copeland hotel, and with two of the elerks of the house and one sergeant- at-arms, marched in a hody to the State-house, and upon reaching the foot of the main stairway leading to the hall of the House of Repre- sentatives, found the stairway lined with guards, some of them armed with rifles and revolvers, who refused to permit the members and said officers to enter the hall of the House of Representatives. After a strug- gle lasting some minntes with the guards, the column of members and officers, headed by Speaker Douglass and Speaker pro-tem Hoch, forced
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their way up the stairway and npon reaching the door of the hall, finding it locked, battered the door down with a sledge hammer and gained an entrance to the hall. The speaker immediately ealled the house to order and the business of the house was resumed.
The accounts in the newspapers differed somewhat from this one. Even some of the Republican papers mentioned that the guards on the stairway told the crowd that nobody could pass, but the members were instructed to go around to the back stairs where arrangements had been made to admit them to Representative Hall by passes issued to members only. Several of the members of the Douglass House followed these instructions and were admitted. But Speaker Douglass, E. W. Hoch, and the majority of the membership, together with the mob that came with them, did not propose to enter in the way provided by the Populists, but by the way they chose for themselves, and came properly armed to carry out this purpose. When they found the main stairway in possession of the Populist guards a short fight of the knock down and drag ont variety took place, the guards mainly endeavoring to keep back those who had no business to be there at all. In a few minutes the leaders of the column, Donglass and Hoch, gained the door of Representative Hall, which was locked and guarded by men with guns and clubs. The Republican forces were similarly armed, but nobody showed a disposition to shoot. Speaker Douglass had provided himself with an immense sledge hammer. He struck the door a violent blow shattering the panels. Others in the crowd took turns with the ham- mer till the door was completely demolished, and the Republicans amid shouts and tumult that could be heard for blocks, took possession of the hall and all the offices and committee rooms in connection, the post- office and the cloak room. In the excitement, R. B. Welch, who had been made chief of the force of Sergeants-at-arms, rushed to the tele- phone, pushed away a reporter who was using it, and called the local head of the Santa Fe Railway Company, ordering 2,000 shop men to be sent at once to maintain the Douglass House in the possession of Rep- resentative Hall. He also called for Washburn students, and notified store elerks all over town. The Republicans began immediately to entrench themselves for a seige. Desks and other obstructions were heaped against the doors, and a ladder at a transom was the only means provided for entrance and exit.
Pursuant to the ealls of Sergeant Welch, help came from all direc- tions, and by the aid of clerks, students and mechanics, the force of deputy officers was soon increased to three hundred. Things looked warlike. The Populists had withdrawn to hold their meetings for the time being in the corridor. The Republicans were in undisputed pos- session of the hall, but they were also hemmed in and held as prison- ers, which made the victory of doubtful advantage.
About eleven o'clock Judge Hazen granted a restraining order against the State Treasurer, preventing him from paying money on the Populist appropriations until after the mandamus case should be
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heard. But the bill had been in effect nearly twenty-four hours and most of the Populists had drawn their money.
No attempt was made by the Republican House to leave for noon lunch. Baskets were passed through the Populist lines full of sand- wiches and pie.
In the afternoon the Governor sent an order to General Artz review- ing the situation and mentioning the fact that Sheriff Wilkerson had refused to maintain the peace, and instructed him to issue the neces- sary orders to assemble the State militia. The companies called out were : Company C. of Oakland; Company G, of Marion; Battery A, of Wichita : Company A, Third Regiment, Eureka ; Company B, Third Regiment, Holton ; Company A, Second Regiment, Wichita; Company F, Third Regiment. Howard; Company C, Fourth Regiment, Clyde; and Battery B, of Topeka. The first company to respond was Company C, of Oakland, composed of fifteen men under Captain Shapter, which made its appearance on the State-house grounds about 4:30. Local Populists and Democrats recruited two companies in the course of the afternoon. one under Judge MeDonald, of Parsons, and one under H. C. Lindsay, of Topeka. Colonel Hughes, who was the commander of the Third Regiment, was summoned from St. Louis to the scene of trouble, and upon his arrival in Topeka was placed in command of the militia and ordered to clear Representative Hall of all persons except those recognized by the Dunsmore House as members and employees. This he refused to do. But he restored order and maintained disci- pline, obeying the Governor's order not to allow food to pass the lines.
Night came on without hope of relief. There had been a commit- tee of Republicans in session with the Governor and his advisors with- out reaching any agreement. Joseph G. Waters, who was in the committee, hecame angry with Judge Doster and warned him that if there was bloodshed he would be the first to fall. However, the judge did not change the tenor of his advice to the governor. Early in the evening, a committee of citizens consisting of ex-Governor Osborne, P. G. Noel, J. R. Mulvane, Erastus Bennett, and Peter McVicar, called on the Governor urging him not to call out any more of the militia and inviting him to go with them to Representative Hall for a con- ference. He was admitted and granted every courtesy by the Douglass House, the members rising from their seats as he passed down the aisle to the Speaker's stand.
The Governor made a short speech in which he asked the Republi- cans to vacate the hall and leave it in his charge for the night. calling attention to the fact that the Populists had passed an appropriation bill which had enabled the Republicans to get the matter in the courts where it would be settled in a few days. E. W. Hoch asked if it would not he a fair proposition for all parties to quit the hall pending the court's action. The Governor replied that he had asked that the hall be turned over to him and that he hoped it would not be necessary to use the militia. This the Republicans refused to do, saying they would surrender only to the militia and then only after they were
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conquered by bloodshed. After the Governor had retired, Colonel Hughes came and was escorted to the Speaker's stand amid cheers. The Colonel had refused to clear the hall, and had been asked to resign. He told his fellow Republicans that there need be no blood- shed, that his men would not fire except in self-defense, and that if he had to resign his regiment would go with him. The Republicans were pretty well pleased with Colonel Hughes, even though he had captured the provender which was intended for their supper, and they had had to resort to the expedient of drawing supplies up through the window.
The beseiged House prepared to make a night of it, but there was very little sleeping. At eleven o'clock a resolution was passed order- ing a call of the House every hour, to keep everybody awake and ready to shoot, as the Republicans anticipated that an attack might be made before morning. There were a number of women present who belonged to the suffrage lobby. They couldn't get out, and so had to rough it the best they could. Among them was Mrs. Sarah Thurston, of Topeka ; Mrs. W. A. Morgan, of Cottonwood Falls; Laura M. Johns, of Salina; and Mrs. Van Prather. The latter had been severely injured by get- ting too close to a fistic encounter going on between some deputy sher- iffs and a contingent of the Auditor's office. At one o'clock Mrs. Johns made a very enthusiastic speech, being a better Republican than suf- fragist. The deputy sheriffs mentioned were taking up the fight for the Republicans. Sheriff Wilkerson, after refusing to have anything to do in the matter, sent a letter to Governor Lewelling, stating that he was the legally constituted peace officer and the only one who had any right to act, and proceeded to raise an army of deputies to help the Republicans.
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