The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-12-25
The Eleetion, the judiciary. ans ~.
Legislature.

--e Ateetlenl the judiciary, aus ere
legislature.
Z appears that Mr. 4. J. Hamilton has
taken the position that the late eiect:on. 81
which he was himself candidate. q iile-
sal, nuN and void. because. as f. stated. n
is not in conformity with sccfion six arti.
Gle three, Of the Constitution. This serf;on
reads, All elections Tor State ,Iisfr;ef
and county officers shah be held ~ ne
county seats Of the several counties. untu
otherwise provided by law and tho polls
shall be opened for -four days from O'clock
A. NJ, until O'Clock p. ~, 81 each day
The last Legislature did otherwise pro-
vide by law tliat each precinct 81 The ias.
tees Of the peace Of the counties Of this
State, as now established, shall constitute
an election precincts that tho Governor
shall, BY proclamation. order al elections
Tor State and district officers, members OF
Congress. members Of the Legislature. and
aii other elections required fote ordered
~ MN by The Constitution and laws 81 the
state, that ''aN elections in this State
shail be held Tor one day only at each cleo
ton, and the polls shall Be omen on that
day from O'Clock A. IL, TO 6 o'clock y.
a.. This law was approved by Gov. DAVIS
on the thirty-frst Of March, 1873, and his
proclamation was duly issued under it afd
/ published prior to the late election.
il Is not asserted that the Legislature
| oNcrstepped the mark in substituting the
precinct arrangement for the county seat az
rangement. And not before the election
bad been held and its result had been ascer-
tanned, was tho validity Of the attendant
and correlatise provision, reducing the PES
rod Of balloting, disputed by word OF act
in any department Of the State government.
or in either Of the parties contending for
political ascendcncy in the State. The mo-
tive for raising such an issue at such june.
tUre may be readily inferred.
AT the same time il Is simple candor TO
admit that the section of The Constitution
above quoted, abstracty and literally con-
sldered, Is by no means as clear upon its
face as it should be. But thalis not pro-
cess by which any organic Instrument is 70
be properly construed. Where the text
does not sufficiently explain itself. its true
intendment is TO be sought By considering.
in the light of reason and justice the cir
cumstances which suggested and inspired t.
Under this principle, there can be no ra-
tional doubt that the clause regarding four
days balloting was intended TO be obiiga-
tory only as long as tho Legislature should
have made no provision for more than one
voting place in each county As soon rs
voting places had been so multiplied as 10
make it perfectly convenient TO complete the
balloting in one day, the occasion Tor that
clause was removed Il served its purpose
while the county scat arrangement lasted,
and when that arrangement was discontin-
ued, it also expired.
Nevertheless, it is the manifest desire Of
some factious politicians to found sue
cessful bubble against tho officers elect at
the recent election, upon an inadyertent
clumsiness Of phraseology in a consti;u-
tional text. They hope to find in the SUI
premo Court of this State partisan and pli-
ant tool to sustain this quibblc even to the
extent of a decision purporting TO annm
the recent election, along with the election
law, and to set aside the clearly, regularly
and distinctly expressed viii Of tho people.
II Is more than suspected that the hdbeas
corpus case now before that court has been
lugged there by these politicians as a '.lut
up job Tlrlt the judges should be cipa-
bic of lending themselves 70 such u scheme
is almost beyond credibility But suppose
they shall do so-how arc they to dispose OF
the Legislative authority of the Statcf The
Legislature is a separate and sefsuiliciens
department Of tho State governmcnt. Il
organizes upon its own motion. It passes
upon the election aud qualifications OF its
own members Il can neither be made nor
unmade by judicial writ. More than this,
it can act, upon occasion, rs the grand In
quest Of the people, try before us bar the
highest Of judicial officers. and, If he be
found guilty. hurl him from the place
which lie had dishonored or abused
We dcvoutly trust that wise Performance
and moderate counscls viii averta conflict
between the Legislature aud the judiciary.
Buff the judiciary, pandcring to the puf-
poses Of the most reckless and pcruicious Of
partisan politicians forces on such q con-
fiict, we can only hope that the chosen rep
resentatives Of the people will prove
worthy, IN wisdom, discretion and courage,
of the confidence Of their constituents We
are persuaded, indeed, that they viii be
equal to the emergency. Hence, we believe
that If this struggle ensues, itwill, in the
end, be terrible bitter one for those who
arc responsible for beginning it.
The immense Conservative majority IN
this State, since the late Overwhelming VIC
tory, have breathed only spirit Of concilia-
ton and magnamIty, and generous Oblivion
Of the past, even towOrd the most Obn0x-
ious and detestable of their political oppo-
nents. But the next time, il they have 70
fight the battle over, their victorious voice,
that was before as the zephyr, may be as the
whirlwiad.
Patience, within due limits, Is a virtue;
beyond, It is a vice and q shame IN any pco-
pic, and may prove an irreparable disaster
We don't think the people Of Texas are ia
the mood OF Of the stuff to carry patience
toa vicious, shameful and irreparably disas-
troEs excess. - G0Ic6stOf Nfses