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 protem, E. W. Hoch; Chief Clerk, Frank L. Brown; Sergeant-at-arms, C. C. Clevenger; Chief Enrolling Clerk, Mrs. L. C. Hughes. The Republican 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 himself, 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 Democratic votes in doubt. Out of their sixty-five election certificates, one was held by an Independent Republican, whom the Republicans decided to put in the doubtful list along with the Democrats. Another certificate was held by A. W. Stubbs, a Republican, of Haskell County, whose seat they conceded to Joe Rosenthal, a Democrat. This left the Republicans with sixty-three votes that they could absolutely count upon. The Populists had fifty-eight solid. In the 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 brewing. 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 force. By request of the Republican State Central Committee, Sheriff Wilkerson had sworn in fifty deputy sheriffs, 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 Douglas County; ex-Sheriff Gibson of Cowley County; ex-Sheriff Need of Clay; Frank Naylor, ex-sheriff of Jackson County; and Ben C. Rich, chief clerk of the last House, were admitted to the floor through the courtesy of friends who were members. The Republicans anticipated 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 came and went without a move on either side. At 1:25, Secretary of State Osborne, took the Speaker's stand and called the House to order, stating that it was his duty to place before the House its roll of membership, but that as there was no law requiring him to act as chairman pending the organization of the House, he would not do so without the unanimous consent of the members. Mr. Douglass of Sedgwick, leader of the Republican forces, was on his feet in an instant with an objection, stating that there was neither custom nor law for such an action on the part of the Secretary of State. Mr. Dunsmore, the Populist 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 officers, and hence 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 challenge 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 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 anarchist 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 surprise, 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 Republican 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 dispatch 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 sea.

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 sides fixed up a roll of membership to suit themselves. The Republicans were joined by the one Independent. The three Democrats decided not to take sides. The Populists proceeded to read the roll and challenge 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, H. 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 Populists, ten Republicans, three Democrats, ex-Governor Glick, John S. Richardson, of the Wichita Beacon, and J. B. Chapman of the Ft. Scott Tribune, went into session with Governor Lewelling. It was agreed that both Houses should stand adjourned until 9 A. M. Thursdays, the 12th. In the meantime the matter was to be referred to a committee which should be made up as follows: Republican: State Chairman 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 Chairman 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 recognition. A mass meeting of Populists in which they issued a circular expressing themselves in the language of Mirabeau 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 adjustment 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. H. Allen, Associate Justices of the Supreme Court; the Hons. C. G. Foster, U. S. District Judge, J. Humphrey, District Judge, John L. Morton and L. Hawk, ex-District Judges; John I. Little, Attorney General, and Hon. T. Heard, ex-Judge.

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 children still own. He lived long at Fort Scott. He was an eminent lawyer and a fine business man. He wrote several very valuable historical 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 Eugene 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.]

This proposition was rejected by both Republicans and Democrats. The plan drawn by the Republicans called for an investigating committee on elections, composed of three each of Republicans and Populists 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 language, and threats of physical violence on both sides.

Some disappointment was felt when the committee reported the next day that nothing had been accomplished. The day wore on without event until about 2:30 P. M., when the three Democratic members came over and joined the Republicans. Three hours later great excitement was caused by a message from the Governor in which he recognized 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 Republicans tacitly 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 clash was imminent. However, nothing of the sort was planned by the Populist 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 fact 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 Democratic 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 bad 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 Secretary 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.

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 recognizing the Dunsmore House. Speeches were made by prominent Republicans, 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 organizing 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 bad been passed, as it was the plan of the Republicans to tie up the treasury 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.

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 accounts 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 possessed 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 Populist 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 Senatorship 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 caucuses 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 election at all, as State Printer Snow was a Populist, and he would hold over in case his successor was not chosen.

On Tuesday, the 17th, the day fixed by the constitution for electing 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. However, 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 claim 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 cost 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 devised. The status of the educational, charitable and penal institutions 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 allowance 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 authority to regulate freight rates and to prohibit unjust discrimination, the simplification of impeachment proceedings, the creation of an Appellate Court to have final jurisdiction in civil cases where the amount does not exceed a given sum. The revision of the election, the mortgage, and the taxation laws was especially 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 shoulders 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 department, 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 action, 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 occupation of unseating the members of the opposition. The Populists "unseated" seven Republican Senators, and the Republicans returned 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 cadidate,[sic] but this was strongly opposed by a number of the leaders, among them were Mrs. Lease, John F. Willits, Chairman Breidenthal, Dr. McLallin, Judge Doster, G. C. Clemens, Rev. W. G. Todd, W. H. Bennington 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 caucuses. 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 apparent to all factions that under the circumstances 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 candidate 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 induce the three Democrats who were voting with the Douglass House to join them. This reasoning 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 serious 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 meeting, 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 act it began its downfall. The people were sorely disappointed 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 Democrats 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 Representatives 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 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.

TABLE OF CONTENTS
VOLUME 1 & 2
BIOGRAPHIES — VOLUMES 3, 4, & 5
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Y | Z

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