The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1875-01-15
WAS THE ORGANIZATION legal.
[Erom the n. O. Pienyune.l ]

which ought not to remain unnoticed.
1t is that relating to the organization
of the House of Representatives on
Monday last Mr.. Phelps gives ii as
his opinion that the organization OF the
House by the Conservatives was illegal.
If Mr.. Phelps uses the word "illegaf'
to express invalidity, resulting from y
violation of regulations imposed by
some higher authority, he used term
which cannot be applied to the act OF II
legislative body. The acts of such
bodies may be void for ,uconstitution-
ality, but it is an abuse of language to
speak of them as illegal. "lllegal' is
defined to be ''contrary TO law, uulaw-
full and it is from \ hasty application
OF this definition to the organization OF
thc House that Mr.. Phelps has fallen
into error. He has confoundcd the law
which controls u Legislature with the
law of which the Legislature is tho
source. lfthc organization OF the House
violated the first, it was illegal, i'll the
sense which Mr.. Phelps iutendcd-that
is to say, in that wider sense which
applies the term law to the provisions
of the constitution. if,on the contrary,
then the organization WAS, i'll no sense,
illegal.
In entering upon this inquiry, there
SlSl 10 " aSSSL (uAll w
the Legislature derives its powers, and
what is the nature and extent of its
powers-iu other words, what is the
law which governs it. The next step is
to find whether there was any violation
Of that law.
Now we take ii for granted that the
only law which limits and controls the
Legislature is the constitution of the
sStatc-lcaVinG out of view tho cOnStitu-
ton of tho United States, which has no
bearing on this case. That an act, in
the form of statue, passed by one
Legislature, can have the force of law
in controlling the constitutional prcro-
gativcs Of another and independent
Legislature, would not, we fancy, be
maintained by any one even superb
cially acquainted with the principles of
constitutional law and representative
government. The constitution of Lou
isiana, like other State constitutions,
provides for Il Legislature, and it fol-
lows universal precedent in cofftctfing
on each House the faculty of indepen
dent Organization. Each House dc
rtves it's powers from the constitution,
and there is noright Of control in either,
rs to the other, or both together, rs to
either.
The constitution also gives 10 oach
House the right TO judge ufthu elections
and qualifications OF It's own Inctub"tH !;
and it also declares that each parish
shall be entitled to ut least ono rcrrc-
sentative. The law of 1872, i'll two
particulars, conflicts with the coustitu-
ton, by attempting to deprive the
Legislature OF rights conferred upon il
by the constitutinu-ri%hts which arc
inaliCnablr, and which cannot DO Sur-
rendered.
In the first place, that law creates II
sO-callei Board of Returning Officers to
whom it gives, or tries TO give, the
power of Judging and deciding upon
the elections OF members of the lIcgiSla-
turc. 1t is urged in cNtcnuation OF this
clear violation Of tho fundamental law,
that the board does not take from the
Legislature the right, or power TO dc.
eide contested r:,scS-that it only re-
turns such members as it chooses, and
makes up Il list for the Secretary of
State who, in turn, transmits ii to the
Clerk of the House, by whom it is used
rs u roll from which to call the names
of those persons thus decided to ronsti-
tutc the Legislature. But tho assump-
ton Of the power to alter, amend, mod
ify or reject the returns and to mako upa
list, any portion of which is composed
of persons not receiving Il majority of
votes, is to assume the power to Judge Of
the election of members of the LcGisla-
turc; and this power is vested in Tin"
Legislature itself. 1t is of no conSc-
uucncc that these persons have the
power, afterwards, to reverse the de-
cisions of the board. The fact remains
that certain persons, not recognized by
the constitution, have uIurpci lcgisia~
tive functions, and have IN fact, consti-
tutcd Il Legislature. No statute law
could confer such I, power, and no Leg
isiature is bound to respect it.
In the next place, the law says tha,
such persons as the Clerk may have
upon his list, and no others, shall par
ticipatc in the organization ofthc House
Again, the law has attempted what no
statute can acccmp!ish-that is TO say
| to limit and control the rights Of mem
bcrs in discharging Il constitutional
| duty and exercising Il constitutional
prerogativc. The members OF tn"
House get their authority from Their
constituents, and not from II list made
up by a Returning Board ana read ny
a clerk. Tho only officer whose inter
vcntion is rccognizcdb by the constitution
! is the Secretary Of state, and his duty