The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1875-01-19
Inft Ibis case neither organ

izaIion had that number, and could
not legally organize the house. Ira
majOdty OF those re.arned by the
returning board, then 81 votes was
sufficient to effect an organization.
We mean 81 Of those who were re-
turned elected according TO the laws
OF Louisiana, indePendentof the fact
whether the returning board Odd right
or wrong IN its notion in counting the
votes. II the laws are good continue
them, IL bad repeal themI II cannot
be done this year then next year, or
the year aneTwaps-but .hey must
not be overthDwn 10y vIo~nce. That
remedy IS not rccosuizfH n safvone,
but on the contrary Is forbidden BY the
theory and practice OF our
republican Installations. The per
sol claiming seats in that
house, whose cases we've referred TO
the House Of Representatives for dc
cislonS, had no legal right to partici-
pate in the organization Of the house
bseassslIsey14ad-nO pEiaa facicsvi-
dcnce Of their right 10 do 50. They
had no mohA hight 10 participate in
the organization Of a house, which
was to decide a dispute in which their
right to sit as n member was involved;
because 20 do 80 would be oreanizing
a body favorable TO themselves aud
their cause. IL would be, so far as
their influence and power extended,
making them the judges Of their own
cases.
SIN another feature: A quorum, or
even the whole loo members, were
not competent TO declare these five
men, whom it was sought to declare
members, during a temporary orgar-
ization or in any other manner. ex-
eept by the House Of Representatives
duly organized. II becomes an o.
gained house by the swearing in Of
the members who are prima Jdcie
entitled to seats. and the election Of
such officers as the law or parliament
airy usage requires. When this Is
done, the house can be the judge OF
the election and qualification Of its
members. irrespective OF their Priuaa
5aeie right to seats and 1t may un-
seat any OF its members who are not
entitled to seats, and seat those
who are.
The attempt, therefore, to declare
those five persons members before the
house organized for business, was un-
warranted by law and usage, and
their right to votc depended on the
house, duly organized, first passing
upon their claims to sit as members in
the house and seating them. No
temporary organization could decide
on their claims, for another reason,
because il would in effect forestail the
right Of the house to pass upon the
question, and, where legislative bodies
are nearly evenly divided In partisan
politics, prejudice n fair and impartial
trial OF the admitted members right
to the seat, and perhaps enable him
to decide the ontest in his own
favor.
These five members may. therefore,
be counted out in considering the
question whether the Conservatives
secured the organization OF the house.
The trick of securing the Temporary
organization, by WIFI acting as
Speaker, amounts to nothing. There
are parliamentary tricks. as well as
legal tricks and tricks in trade. 1t
was not the first time that an actual
majority has been outgeneraIIed and
beaten by an active minority. The
going through the motions of a
temporary organization was not a re-
quirement OF law or parliamentary
usuage; but il IS often INDUCED in to
determine who are PFimd Iuoie mem
bers and entitled to vote in the organ
izatlon. This is determined by ascer-
tanning who holds certificates OF
election. These perfect the organiza-
ton, whether they hold the certificates
right or wrong. In the Louisiana
case, but fifty-three certified members
voted when Wilt and Hahn We're
being voted for as Speaker, and this
number was not n quorum of the
whole number elected, nor OF the
number returned by the returning
board. Wilt may have been declared
Speaker, by himself and his adherents,
but he was not legally elected as such
on the 4th inst. No business could lie
done with less than a quorum voting.
Had there been ffty-four members
voted, who had a right to vote, and
Wilt had received tw~enty-eight Of
them for Speaker. the case would be
different. He would then have been
legally elected Speaker, and might
WELD the gaveI without dispute.
Wyoming Chapter No. /, r. \.
NJ, will meet in Regular Conversation