The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-12-25
THAT CASE.

THAT CASEs
T'he case referred TO by the State Journal
as brought before the Supreme Court to
test the validity of the late election is, We
understand simply this. A Mexican was
arrested on the charge of having voted
twice at Houston on Che day of the last
election, and then 6a5eas corpus was OBJ
tanned from Judge Ogden, who made the
writ returuable to the court instead of him
self, thus intending to get an opinion of
the court on the question of the legality. of
the election, that point being made by the
defendants counsel, A. J. Hamilton, Esq.
The defense is that voting twice on the day
of the election is no crime punishable under
the law, because it was not a constitutional
and legal election. We cannot exactly
understand how binding opinion of the
court can be given in criminal case before
trial has been had IN the court below,
though a supreme judge as we'll as any other
could release the party under hdbeas corpus.
if he were of opinion that no prinag facie
case of crininality was apparent. But we
have not examined the law, and it may be
the course taken is authorized and the pro-
per one One thing Is certain that the
present Supreme Court is directly interested
personally in the case before them. If the
late election was a legal one, the amend
ments to the Constitution have been adopted,
and one of these amendments authorizes
the appointment by the Governor of five
new judges instead of the, present three.
What effect this may have on the opin-
ions of the present bench, We can
not say. Of course, it ought not
to warp their judgments in the.
least, but judges are but human beings, and.
few men are to be found uninfuenced by
self-interest. The ground we take is, that
the question is purely political one. The
election was duly held under all the forms
of law. The election law was passed by a
confessedly legal Legislature and received
the approval of the Governor. The Cover
nor issued his proclamation for the election,
and it was held in pursuance thereof, and
Legislature and State and other officers
were duly elected. We hold then, that
when the members, certified to be e.ccted,
meet in Austin at the appointed time, they
must and win determine for themselves
whether they are or not legal legislative
body. They determine who are the proper
members,of their body. The courts, high or
low, havenothing to do in the matter. If the
Supreme Court has no power to determine
the right of single individual to a seat in
the Legislature, which must be admitted as
unquestionable, how can it determine the
rights Of all as a body2 1t is absurd to
claim it. Ifit were so, corrupt court could
prevent any Legislature elected by the peo-
pie from ever acting and thus keep the
whole power of the State in their hands
during their term of Office without the pos
sibility of an impeachment for their usur-
patton. If the Supreme Court really had
such power and should choose to exercise it
for their own benefit or the advantage Of
their party, what would be the consequence
The old Legislature adjourned sine dc and
is extinct. The court determines that the
late election is void and that we have no
Legislature and no officials elected to take
the place Of those whose Constitutional
terms have expired hence all the incum-
bents must hold on until their successors are
elected and qualified The Governor does
not choose to order new election, but if he
does, when it is held, If it goes against the
Radical party by 40, 600 majority, the SUI
preme Court can again decide that it was il
legal, and thus keep in the present Office
holders as long as they please in defiance Of
the people Of Texas, who would thus be de-
privedof all remedy except open revolution.
To contend that this is really the legal posi-
tiOn of affairs is the very height and depth
Of absurdity. But it is uncertain how far
Radical depravity may 60. We trust there
is honesty and honor enough in the present
Supreme Court to decide the present ques-
ton before them in accordance with law
and justice. II otherwise, it can have no
bearing on the Legislature OF Texas, which
win meet We doubt not, at the appointed
time and do its duty fearless Of con
sequences.