Legislatures, Legislation, and the Courts

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Allen, Howard W. and Slagter, Robert. "Congress in Crisis: Changes in Personnel and the Legislative Agenda in the U.S. Congress in the 1890s." Social Science History 1992 16(3): 401-420.  An examination of the personal backgrounds of the members who served in the US Congress between 1888 and 1896.  Little change occurred in their high social and economic status.  Congress rejected most initiatives that involved federal action on agricultural and labor problems. Congress remained wedded to traditional Republican goals of the gold standard, the protective tariff, and a favorable climate for business. America: History and Life, 31:5855

Argersinger, Peter H. "Ideology and Behavior: Legislative Politics and Western Populism." Agricultural History. 58(1): 43-69. 1984.   Also see Karel Bicha's critique, pp. 59-66, and "Professor Argersinger Replies," pp. 67-69.  Counters Karel Bicha's contention that Populists were essentially conservative.  Found Populists in 1895 and 1897 Kansas legislatures considerably more reformist than members of other parties. 

_____. The Limits of Agrarian Radicalism: Western Populism and American Politics. Lawrence: UP of Kansas, 1995.  A collection of nine of Argersinger's previously published essays, with an original introduction.  All explore the ways in which western Populism interacted with and was limited by the features of the American political system.  

____. "'A Place on the Ballot': Fusion Politics and Antifusion Laws." American Historical Review. 85(2):287-306. April 1980. Ballot restrictions, especially laws preventing candidates from representing more than one party for the same office, played a significant part in destroying the People's Party. 

_____. "Populists in Power." Journal of Interdisciplinary History. 18(1):81-105.  "Presents roll-call analysis of Populist Kansas state Senators' support for reform legislation. A Senator's occupation and home district were more influential on voting behavior than education or religion.  Sectionalism and former affiliation also played a role. The more rural the constituency, the more reformist the Senator. The Populist majority in the Senate failed to carry out a reform agenda because a faction consisting mainly of merchants and lawyers opposed reform. America: History and Life, 25A:7428.

_____. "No Rights on this Floor: Third Parties and the Institutionalization of Congress." Journal of Interdisciplinary History 22 (Spring 1992):655-690.  Congress, with its increasingly centralized, dominant leadership, obstructed the agenda of the late 19th century reformers.  With power increasingly centralized in the hands of the Speaker of the House and committees assuming duties formerly conducted by the House at large, governing became tied to the two-party system. America: History and Life, 30:4998

_____. "To Disfranchise the People': The Iowa Ballot Law and Election of 1897." Mid-America. 63 (1981): 18-35.  Republicans use legal power of state to advance their own partisan purposes. 

_____. "Regulating Democracy: Election Laws and Dakota Politics, 1889-1902." Midwestern Review. 5 (1983): 1-19. Older and more democratic system gave way to new, making it more difficult to organize a new party, to secure representation, to vote independently or express political dissatisfaction other than dropping out. 

Bagwell, David Ashley. "'The Magical Process': The Sayer Election Law of 1893." Alabama Review. 25(2):83-104. 1972.  The intent of the law was to "establish an intricate procedure and partisan election officials in order to place the votes of Negroes in the conservative column."  The Australian ballot forced illiterate voters to depended on election judges. 

Bailey, Thomas A. "The West and Radical Legislation, 1890‑1930." American Journal of Sociology. 38:603-11. January 1933. 

Bakken, Gordon Morris. "The Influence of the West on the Development of Law." Journal of the West 1985 24(1): 66-72.  Such problems as frontier law enforcement, the formation of Indian policy, and the orderly incorporation of the Spanish people and heritage required a great deal of innovation to manage. In dealing with the problems of the West a variety of Populist and Progressive reformers helped to create a legal system in the 20th century that both provides protections for the underprivileged and promotes the efficiency of business interests. American History and Life, 23A:4378

Balkin, J.M. "Populism and Progressivism as Constitutional Categories." The Yale Law Journal. v. 104. 1935. 

Beeby, James Matthew. "Revolt of the Tar Heelers: A socio-political history of the North Carolina Populist Party, 1892-1901." Ph.D. dissertation, Bowling Green State University, 1999.  DAI, 60, no. 11A (1999): 4147.  Populists, in an alliance with the Republican party, defeated the entrenched Democrats in 1894 and instigated a series of reform-minded legislation that briefly changed Tar Heel politics and political culture.  Democrats responded to the Populist insurgency with a well-funded and well-organized white supremacy campaign in 1898 that revolved around the interlocking themes of increased black power and the threat to white womanhood.  Democrats returned to power on a wave of virulent racism.  Once in office they reversed the fusion reforms and passed a constitutional amendment in 1900 that disfranchised most blacks and many poor whites. 

Bicha, Karel D. "Some Observations on 'Ideology and Behavior: Legislative Politics and Western Populism.'" Agricultural History. 58(1):59-66. 1984.  Comments on Peter H. Argersinger, pp. 43-58.  Also see Argersinger's reply, pp. 67-69, of same number. 

_____. Western Populism: Studies in an Ambivalent Conservatism. 163 p. Lawrence, Ks: Coronado P, 1976.  A compilation of previously published articles, with some new materials.  Western Populists were essentially conservative, favoring the free market, limited government, and state sovereignty.  Includes biographies of Jerry Simpson, William V. Allen, Lorenzo Lewelling, and Davis Waite, although none are presented as a representative Populist.  Analysis of legislative activity concludes Populists were no more likely to introduce reform legislation than others, and the scope of their reform interests was more limited than others.  Reviewers found analysis less than persuasive. 

_____. "Western Populists: Marginal Reformers of the 1890s." Agricultural History. 50(4):626-35. 1976.  Populists initiated and passed no more reform legislation than Democrats or Republicans.  They were not reformers.

Boeckelman, Keith A. "Term Limitation, Responsiveness, & the Public Interest." Polity 1993 26(2): 189-205.  Looks at term limitation in the Progressive era, the Populist drive for  free silver, and the 1970's tax revolt.  As with the goals of Populism and the tax revolt, term limits are unlikely to achieve the goals of their proponents, in part because the two basic arguments supporting the idea have proven incompatible in the past and in part because procedural change is rarely the political corrective supporters claim. American History and Life, 32:7215

Brodhead, Michael J. "A Populist Survival: Judge Frank Doster in the 1920's." Kansas Historical Quarterly. 34(4):443-56. Winter 1968.  A Populist leader after Populism wained.   

_____. "Judge Frank Doster: Kansas Populist and Reform Idealogue." Ph.D. dissertation, U of Minnesota, 1967.  Dissertation Abstracts, 28:06A:2168. Doster 1849-1933, the "Daniel Webster of Populism." Chief Justice Kansas State Supreme Court 1896-1902.   

_____. "Populism and the Law: Some Notes on Stephen H. Allen." Kansas Quarterly. 1(4):76‑84. Fall 1969. Legal reform efforts of a lesser‑known Kansas Populist.   

_____. Persevering Populist: The Life of Frank Doster. 196 p. Reno: U of Nevada P, 1969.   

Butterfield, J. Ware. "The Legislative War of 1893; Inside, Outside, and Back Again." Transactions of the Kansas State Historical Society. 7:453-58. 1901-1902.  

Cammack, Ruth S. "Reuben Francis Kolb: His Influence on Agriculture in Alabama." Master's thesis, Alabama Polytechnic Institute (Auburn U), 1941.  Kolb was popular Alliance leader in Alabama.  

Carawan, James Terry. "Populism and the Poll Tax: The Politics and Propaganda of Suffrage Restriction in North Texas, 1892-1904." M.A. thesis, University of North Texas, 1997.  MAI, 36, no. 03, (1997): 0711.  Voters from predominately Populist areas in North Texas did not support the poll tax amendment that passed in November 1902.  Populists left the polls in higher percentages than other voters between 1896 and 1902.  Those who remained active did not support the poll tax.   

Clanton, Gene. Congressional Populism and the Crisis of the 1890s. Lawrence: UP of Kansas, 1999. 228 pp.  Populist Congressmen were consistent defenders of egalitarian ideals.  On foreign policy, the supported war with Spain, but opposed imperialism.  They favored immigration restriction in order to protect the wages of laborers, not for racial or ethnic reasons. 

_____. "'Hayseed Socialism'" on the Hill: Congressional Populism, 1891-1895." Western Historical Quarterly 1984 15(2): 139-162. Populist Congressmen unabashedly identified with ordinary working people, believed all natural resources were the "heritage of the people," and supported legislation to put the unemployed to work.  Their opponents inaccurately saw them as socialists.  They did defend labor's right to organize.  On the money issue, Populists opposed deflation and wanted the monetary system removed from private control. 

Cox, Elizabeth M. "Women Will Have a Hand in Such Matters From Now On": Idaho's First Women Lawmakers." Idaho Yesterdays 1994 38(3): 2-9.  Two years after Idaho enfranchised women in 1896, three women were elected to the Idaho legislature: Populist Mary A. Wright, Democrat Harriet F. Noble, and Republican Clara L. Campbell.  All three women proved adept and skillful as legislators, making significant contributions to the fifth Idaho legislature. None ran for a second term. America: History and Life, 33:6444

Cronin, Thomas E. Direct Democracy: The Politics of Initiative, Referendum, and Recall. Cambridge: Harvard UP, 1989. 

Grant, H. Roger. "Origins of a Progressive Reform: The Initiative and Referendum Movements in South Dakota." South Dakota History 1973 3(4):390-407.  Direct Democracy was a significant part of Populist's efforts to put South Dakotan's destinies in their own hands. America: History and Life, 11A:3263

Harrison, Hortense Marie, "The Populist Delegation in the Fifty-Second Congress, 1891-1893" (Master's Thesis, University of Kansas, 1933). 

Hewitt, James W. "The Fatal Fall of Barrett Scott: Vigilantes on the Niobrara." Great Plains Quarterly 1992 12(2): 107-120.  In the 1880's three vigilante groups operating near the Niobrara River in north-central Nebraska hanged or shot several cattle thieves.  Scott, a Republican, embezzled county funds and fled to Mexico.  Upon returning to Nebraska, he was tried and found guilty.  But, the Nebraska Supreme Court suspended his sentence.  Vigilantees lynched him on December 31, 1894.  Several men were tried, but not convicted. To some extent, the Populist affiliation of the defense attorney played a role in the decisions. America: History and Life, 31:3725

Hibbard, Benjamin Horace. "Legislative Pressure Groups among Farmers." Annals of the American Academy of Political and Social Sciences. 179:17-24. May 1935.  

Holden, Margaret Kolb. "The Rise and Fall of Oregon Populism: Legal Theory, Political Culture and public Policy, 1868-1895." PhD dissertation, University of Virginia, 1993. 638 pages.  DAI, 54(12A):4564  

Hunt, James L. "Populism, Law, and the Corporation: The 1897 Kansas Supreme Court." Agricultural History 1992 66(4): 28-54.  Historians often disagree as to whether the populists were anticapitalist.  In Kansas in 1897, two of the three Supreme Court Justices were populists.  Although showing sympathy for debtors, they most often upheld contract law.  They did use the law in negligence cases to force corporations (especially railroads) to pay damages.  The justices did not try to undermine the basis of capitalism.  America: History and Life, 31:7953

Hurt, R. Douglas. "Populist-Endorsed Judges and the Protection of Western Labor." Journal of the West 1978 17(1): 19-26.  Though commonly associated with agrarianism, the Populist movement also supported urban laborers (both out of philosophy and necessity) as shown by the pro-labor rulings of populist-endorsed judges of state supreme courts in Kansas, Nebraska, Colorado, Washington, and Montana, 1893-1902.  America: History and Life, 17A:2820

_____. "Populist Judicial Response to Reform." 197 p. Ph.D. dissertation, Kansas State University, 1975.  DAI 1975 36:05A:3021.   

_____. "The Populist Judiciary: Election Reform and Contested Offices." Kansas History 1981 4(2): 130-141.  The People's Party of the 1890s appreciated that the reforms it supported would have to secure judicial approval.  For this reason it endorsed the election of eight friendly judicial candidates in Kansas, Montana, Washington, Nebraska, and Colorado. In due course, these judges were called upon to decide cases arising from laws and circumstances concerning the Australian ballot, woman's suffrage, and contested offices. These Populist-endorsed judges decided such cases on the basis of legal procedures and technicalities rather than on the basis of ideology or partisan politics. America: History and Life, 20A:8284

_____. "Populists on the Kansas Supreme Court." Midwest Review 1982 4: 13-26.  Discusses a number of cases heard by Populist justices Stephen H. Allen, Frank Doster, and David Martin on the Kansas Supreme Court regarding railroad and mortgage regulation, labor protection, and the adoption of the Australian secret ballot. America: History and Life, 20A:2974

Kane, R. James. "Populism, Progressivism, and Pure Food." Agricultural History. 38(3):161‑66. July 1964.  Traces advocacy for pure food and drug laws and government regulations to Farmers' Alliance and Populists through to the Progressives.  

Kantrowitz, Stephen David. "Reconstruction of White Supremacy: Reaction and Reform in Ben Tillman's World, 1847-1918." PhD dissertation, Princeton University, 1995.  DAI, v. 56-09A, p. 3714, 410 pp. 

Kottman, Richard N. "An Analysis of the People's Party Delegation in Congress, 1891‑1897." M.A. thesis, U of Iowa, 1954.  

MacFerran, William, Jr. "Col. Hughes and the Legislative War." Shawnee County Historical Society, Bulletin. 17:25‑29. December 1952.  On the refusal of James W. F. Hughes, commanding the National Guard of Kansas, to obey the order of L.D. Lewelling, Populist Governor of Kansas, to expel Republican members of the House of Representatives in 1893. 

Mason, Joseph J. "The Populist Contest for the Kansas Legislature in 1892-1893." Master's thesis, Kansas State College, Fort Hays, Kansas, 1958.  

Mendal, Arthur Paul, "Legal Populism and Legal Marxism: The Great Debate of the Nineties" Ph.D. Dissertation, Harvard University, 1956. 

Miner, H. Craig. "The Oskaloosa Octopus: Jobbers, "Popocrats," and the Santa Fe Railway's False Receivership, 1896." Kansas Historical Quarterly 1972 38(4): 445-456.  A Populist judge cited an 1891 Kansas law prohibiting any corporation with more than 20 percent of their securities held by foreigners from possessing land in Kansas in an 1891 case involving the Santa Fe Railroad.  The railroad won on appealed.  Some see Populists attacking a corporation.  Others claim Republican businessmen who hoped to profit from the railroad's losses.  America: History and Life, S:7736

Parrish, William E. "The Great Kansas Legislative Imbroglio of 1893." Journal of the West 1968 7(4): 471-490.  Populist won almost  all state offices in 1892.  But, Republicans challenged dominance in the House.  For 35 days, rival Houses sat and no state business was able to proceed. Neither side was willing to compromise. The State Supreme Court eventually ruled that the Republican House was a legal body and a few days later the Populist members joined the session. Their role as obstructionists cost them much popularity and the Populists were swept from power in 1894. America: History and Life, 7:909

Press, Donald E. "Kansas Conflict: Populist Versus Railroader in the 1890s." Kansas Historical Quarterly 1977 43(3): 319-333.  In the 1890's, Kansas Populists alarmed railroaders by calling for maximum freight rates and state ownership of the railroads.  They were able to agree on railroad legislation only at a last-minute session after their defeat in 1898, when they created the Court of Visitation, with broad regulatory powers.  The Republican- controlled state supreme court declared the legislation unconstitutional two years later.  Many of the measures that the Populists advocated in the 1890's, including a maximum freight rate, became law under the Republicans in the succeeding decade.  America: History and Life, 16A:5503

Redding, Kent Thomas. "Making Power: Elites in the Constitution of Disfranchisement in North Carolina, 1880-1900." Ph.D. dissertation, University of North Carolina at Chapel Hill, 1995.  DAI, 56, no. 07A, (1995).  The struggle over the franchise was essentially a political struggle and cannot be understood as a simple outcome of underlying racial and/or class forces.  Disfranchisement resulted from the actions of movements and parties across different levels of the polity.  The Farmers' Alliance and Populist Party used innovative tactics to challenge the economics and politics of the "New" South and, with Republicans, gain control of state government from 1894 to 1898.  Democrats responded with a virulent white supremacy campaign and disfranchisement.   

Roberts, Clarence N. "The Congressional History of the Populists." Master's thesis, U of Missouri, 1936.  

Schott, Stephen Brian. "Agrarian Issues of Discontent as Reflected in Cases Appealed from the Iowa Supreme Court to the United States Supreme Court Between 1877-1900." Master's thesis (Political Science), U of Iowa. 1972.  

Shils, Edward. "Populism and the Rule of Law." pp. 91-107. The Law School of the U of Chicago, Conference on Jurisprudence and Politics, April 30, 1954.  

Svenson, Karl A. "Third Party Legislators." Kansas Bar Association, Journal. 17:293:316. February 1949.   Populists in the Kansas legislature, 1890-1903.  

Tiffany, Burton Ellsworth. "The Initiative and Referendum in South Dakota." South Dakota Historical Collections. 13:284-310.  

Trelease, Allen W. "The Fusion Legislatures of 1895 and 1897: A Roll-Call Analysis of the North Carolina House of Representatives." North Carolina Historical Review 1980 57(3): 280-309.  The Populist-Republican coalitions of 1894 and 1896 ultimately disintegrated over such large issues as business regulation, the gold standard, and race relations as well as over specific state issues, including local government, patronage, education, taxes, lynching, and railroads.  Republicans supported election and government reform.  Populists supported public education, business regulation, and liquor and cigarette control. America: History and Life, 19A:2639

Walbourn, Edwin J., Jr. "Rump Legislature of Kansas, 1893: An Evaluation." M.A. thesis, Kansas State College of Pittsburg, 1950."

Westin, Alan F. "Populism and the Supreme Court." Supreme Court Historical Society Yearbook 1980: 62-77.  Battles were waged over states' attempts to regulate railroad bond subscriptions, to recover public lands made available to promoters of internal improvements who defaulted on projects, to exercise control over railroad rates, and other issues. The Supreme Court of this period generally favored corporate interests, and in so doing often broke with its long-established policy of accepting state court constructions of state constitutions and laws. The attitude of the Supreme Court was a major campaign issue in the election of 1896, when the Democratic Party platform condemned "government by judges." The Supreme Court's consistent support of the corporations turned the focus of progressive forces from local to national issues, sheltered corporate development during its years of expansion and consolidation, and revived the anti-legal farmer-debtor tradition. Abridged as "The Supreme Court, the Populist Movement and the Campaign of 1896." Journal of Politics. 15(1):3‑41. February 1953. America: History and Life, 21A:930  

Whitlock, Marshall Reed. "The Constitutional Beliefs of the Kansas Populists, 1890-1900." Master's thesis, Wichita State University, 1975. 167 pp.