| 1918 KANSAS AND KANSANS | The Populist Uprising | Part 8 |
The peaceful state of affairs which obtained after the tacit agreement 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 organization by February 21. In the latter part of the same week the Populists 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 Republican 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-Governor 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 causing the arrest of the Governor, but the Republicans claimed that it did not come from any authoritative source. Over Sunday the crowd of spectators was augmented, and by Monday morning the Statehouse was crowded 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 boasters, hunting trouble, it is a great wonder 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 appropriation bill passed the Dunsmore House in the evening and was signed by the Governor the next day.
The Republican steam roller went into action in earnest early Tuesday 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.[sic] 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 Republicans 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 Representative Hall after dinner, and if they would wait they could accompany him. While dinner was in progress, a number of his friends assembled 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 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, Willits and Scott attended to the other two. The Republicans got the worst of the encounter, 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 clash 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 force 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 disturbing 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 apprising him of the situation and calling upon him as the legally constituted 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. Sheriff 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 called 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, February 15th. The following is the account spread upon the Journal of the Douglass House:
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 out 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, Douglass 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 hammer 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 postoffice 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 telephone, 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 Representative Hall. He also called for Washburn students, and notified store clerks 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 calls of Sergeant Welch, help came from all directions, 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 possession of the hall, but they were also hemmed in and held as prisoners, 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 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 sandwiches and pie.
In the afternoon the Governor sent an order to General Artz reviewing the situation and mentioning the fact that Sheriff Wilkerson had refused to maintain the peace, and instructed him to issue the necessary 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 McDonald, 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 discipline, obeying the Governor's order not to allow food to pass the lines.
Night came on without hope of relief. There had been a committee of Republicans in session with the Governor and his advisors without reaching any agreement. Joseph G. Waters, who was in the committee, became 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 conference. 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 Republicans 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 be 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 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 bloodshed, 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 ordering 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 getting too close to a fistic encounter going on between some deputy sheriffs and a contingent of the Auditor's office. At one o'clock Mrs. Johns made a very enthusiastic speech, being a better Republican than suffragist. 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.
The night was beguiled by speeches and card playing. The Populist janitor had turned off the heat, and some discomfort was felt until about 4 A. M. when some gasoline stoves were hoisted through the window, along with some coffee. Candles and lamps were provided in anticipation of the lights being turned off.
Governor Lewelling spent a sleepless night in the Executive office in consultation with his friends on the proper course to take the next morning.
The reporters had made the most of the situation, and the Thursday morning's newspapers in all the principal cities in the west came out with great scare heads proclaiming Kansas to be in a state of civil war with great slaughter momentarily expected. They were not far from right. The S. O. S. calls for help on both sides had been heard by friends all over the State, and armed men were coming by the hundreds. Telegrams were being received by the leaders of both parties urging them to hold the fort and tendering promises of recruits, some of these messages promising as high as a thousand armed men. The Republicans claimed they could muster a force of 40,000 to resist the militia, of which there was but two thousand in the state, and only 250 of which had been called out. The Populists claimed that the Republican army could not be raised and transported without the help of the railroads, and declared the struggle to be one between the corporations and the representatives of the people.
The militiamen, who had been called from the different localities, arrived and went into camp about the grounds. The Wichita battery had been ordered to "bring the gatling gun" and they brought it. This gatling gun turned out to be one of the best jokes of the entire proceedings. When it was duly installed on the State-house grounds and trained on Representative Hall, it was found to be minus its firing pin. The old soldiers of Wichita were afraid the boys might shoot the gun, and had removed this necessary part of the apparatus. As early as possible on Thursday morning Sheriff Wilkerson established headquarters in the Copeland Hotel for recruiting his force of deputies, and before noon had a thousand men under arms. As the Populists were not in the good graces of the railroads and could not secure passes, the Republicans made up the larger part of the influx from the smaller towns, so that the Populist force was confined to the 250 militiamen, many of whom were Republicans and could not be depended upon to obey orders. Colonel Hughes was relieved of his command about nine o'clock, Lieutenant Colonel George, Parker of Holton taking his place. Owing to stricter military discipline it was a harder matter to get food to the besieged than ever, and the expedient of sending the breakfast through the line in mail sacks was resorted to.
In the forenoon two companies of Lawrence students appeared on the scene, bringing the college yell with them. At eleven o'clock the Governor sent word to the Republicans in the house to disperse within fifteen minutes, or he would disperse them with the militia, but was dissuaded from doing so. Sheriff Wilkerson did not want bloodshed, either, and armed his men with clubs instead of guns, intending to stage a hand to hand fight with the miiltia.[sic] If Governor Lewelling did not precipitate hostilities by an official order, Wilkerson intended to attack the militia at one o'clock.
Through the good offices of ex-Governors Robinson and Osborne, and Colonel Lynde, of Miami, a conference was arranged which consumed most of the afternoon, both sides having decided to await the outcome of the conference. Propositions and counter propositions were entertained, but the only decision that was made was to declare a truce until nine o'clock the next morning. Night drew on with the State-house grounds looking like a military camp, fires glowing, drums beating and sentries walking to and fro. Outside of the military guard which enclosed the grounds, had been thrown a cordon of deputy sheriffs. A blizzard which had been coming on since the night before now struck with all its fury, and many of the men were insufficiently clad. The reliefs, however, were frequent, otherwise there would have been much suffering. Before morning almost a foot of snow had fallen and the fighting spirit was somewhat subdued by the elements. However, the most serious encounter of the whole war happened at breakfast time Friday morning, when some Republicans, in attempting to smuggle food through the lines, clashed with the Populist guards, and one of the invaders was seriously hurt.
Conferences which had been going on all night with the Governor were renewed, and a committee of Topeka citizens took part. At noon an agreement had been reached which was acceptable to both sides. It was briefly as follows: Both the militia and the deputy sheriffs were to be relieved of duty and sent home. Each house was to return to its status as prior to the arrest of Rich, except that the Republicans were to have Representative Hall and the Dunsmore House was to hold its meetings elsewhere. No provision in the agreement was to be used in any court proceedings as recognition by either House of the legality of the other.
The Populists who had been holding their meetings in the Stormont building fitted up the south wing of the basement with desks and Speaker's stand, and went to work. One of the things which engrossed their attention was a proposition to remove the State capital to Kanapolis, Kansas, and get it away from the influence of the railroads. A plan was presented by the promoters of Kanapolis whereby this could be done without cost to the State. The thing has since been looked upon as a joke, but the Populists were in earnest about it at the time, and so was the Kanapolis Town Company.
The only thing that remained now was for the courts to act. There were two cases and both would have to be passed on the Supreme Court. The Treasury mandamus case was decided by Judge Hazen, February 18, in favor of the Republicans, and was promptly appealed to the Supreme Court. This case involved the legality of the Dunsmore House, while the case of L. C. Gunn, who had been arrested at the instance of the Douglass House, involved the legality of that House. Gunn had been brought to Topeka, February 16, and applied to the Supreme Court for a writ of habeas corpus. He was released on a $500 bond and his case set for February 21, the day on which the Republicans planned to vacate the Populist seats.
The trial began Tuesday and continued all week. The attorneys for Gunn were Eugene Hagan, Judge Doster, C. G. Clemens, and Judge Webb. For the Douglass House they were Chester I. Long, T. F. Garver, and W. H. Rossington. Attorney-General Little represented the State. The decision was handed down Saturday morning, February 25. Chief Justice Horton delivered an opinion which was concurred in by Justice Johnson, upholding the Douglass House as the legal organization. A very able dissenting opinion was delivered by Justice Allen, the Populist judge.
The Populists met in their hall behind closed doors to consider what should be their next move. The party leaders, including state officers and senators, were called together, and they deliberated over the matter from 1:30 P. M. Saturday, until Monday night. It was decided to submit to the rulings of the court. Accordingly a solemn protest was drawn up condemning the action of the Supreme Court and of the methods of the Republicans in general, reviewing the whole proceedings from January 10, to date. The next morning the Dunsmore House marched in a body to Representative Hall and took their seats. The ten Populists who had been seated by the Populist election committee, returned to their homes and the election contest matter, after taking up almost the entire session, was finally settled.
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A Standard History of Kansas and Kansans , written and compiled by William E. Connelley, transcribed by Carolyn Ward, 1998.
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