New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-07

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admittedly correct but his deductions
therefrom seriously defective. His first
point rests upon article th;fty-four. as
follows:
Each house OF che General Assembly
shall judge of the Qualifications, election
and returns of its &embers; but con-
tested election shall be determined in such
a manner as may be prescribed by law.
The great point of variance between
Mr.. Forman's position and ours is that
we do not deem man even . prima
facie member of either Of the houses unless
he has some sort Of credentials to prove
his claim. If We were to establish the
precedent that every person who hap
pened TO be candidate for Representa-
tive, and supposed himself to be elected,
might elbow his way into the House, and
assist in the organization, including the
decision Of the rights of others to seats,
we should soon have repetition of the
armed parliament. The strongest men,
or the most expert shots would be the
winners at every session, without the
slightest regard to the will Of the respec-
tive constituencies We should remem.
bef that before the House can exercise the
constitutional right Of Judging of the
qualifications, etc., of its members. OF do
any act. il must be organized in the man.
ne. prescribed by law. A number of
men, however talented and respectable
they may be, can not meet together and
constitute themselves q Legislative body.
unless they have some sort Of legal evil
dence of their capacity 10 act.
The right Of each parish to have al
least one Representative is. of course,
upon the condition that the parish shall
elect its man in such an unambiguous
manner that there can be no doubt about
it. For instance, st. Charles, st. John,
Jefferson and several other parishes have
sent Representatives to the capital in such
shape that no possible doubt exists in
their cases. But let us suppose for mo-
ment that either MIR. Demas or one of the
gentlemen representing the other parishes
were to be unavoidably detained during
the first few days of the session. In such
q case, would the clause of the constitu-
ton quoted by Mr.. Forman give their de-
feated competitors rights to seats? We
hardly believe there is q lawyer in the
city who will volunteer an opinion in the
affirmative. We're such a position cor
rect, it would become the immediate duty
of the House to seat the Republican COM
petitors of all the Democratic seceders,
whether fairly elected OF not. For is not
each parish entitled to at least one Rep.
resentative?
We concede 20 the House all the power
claimed for it by the eminent jurist. but
insist that it must first become bona
dde. legal House before it can do any
thing. The uuofhcia! publication Of a
long list Of names in partisan newspapers
does not clothe the persons SO distinguish.
ed with any sort of authority. eyen though
backed up by any numbes of self-con-
stituted committees. And as for the other
danger limited at that of one parish being
finally permitted to organize the House.
we dispose Of that BY referring another
clause of the constitution which seems 10
have been overlooked in the hurry Of the
moment:
Not less Than majority Of each House Of
the General Assembly shall torm 1uogum
for the transaction OF business.
When New Orleans grows SO popuious
that it can elect = majority Of the mem.
bers Of the House. We shall then have the
constitutional right 70 organize it. There
can be nothing done without the presence
Of at least . quorum OF members, with
prima hcie proof Of their capacity, nor
can any person who is not recognized as =
member by some lawful authority take any
part in the proceedings Hence the thif-
teen gentlemen who SO kindly volunteered
70 assist in the proceedings Of the House
on Monday were unlawful intruders: were
in no sense members. but were present in
derogation Of the rights Of bona 6de mem
bers. They were very properly elected,
though it would Aave been more 20 the
credit of che House had the propef order
been issued by It's officers. There is no
doubt that a majority desired sheir expul-
sion, though they were tor the moment
denied the tight o. expressing their
wishes