Daily Los Angeles herald., 1878-02-10
4. ln.Inesre and partisan Howl.

If more nonsense has been writ.
ten on one subject than another in
California it is upon the Pacheco.
Wigginton contest. For a long
time the result of the election was
in doubt and finally Pacheco
claimed his seat by a majority of
one vote. This was his prima facie
case, and on a purely prima facie
case OF one majority the
Supreme Court of this State
ordered Mr.. Pacheco's certificate
to be issued to him. The Cali
naia Court did not pretend
to examine into the merits of the
controversy, because they knew
that, by express Constitutional pro-
vision, the province of finding
out who Is elected to either body
rests with each house of Congress.
In the fullest plenitude Of express
delegation, not implication, each
House Is made the Judge Of the
qualifications of its own members.
Wiggiuton, In the proceedings be-
fore the Supreme Court, sought to
60 into the merits of the case, but
that tribunal very properly de.
clined to entertain line of inqui-
ry which. both by law and prece.
dent, belonged to Congressional
Committee. They foul nd Pach eco
elected on the face of the returns,
and they directed the proper State
Official to give him certificate of
election. A Democratic House of
Representatives. seated Mr.. Pach eco
until its committee could make the
proper Investigation. As result
of an elaborate inquiry, conducted
by honorable men, a majority of
the committee reported that Mr..
Wigginton had received such
number of fraudulent votes, Mr..
Pacheco had received such anoth-
er number, and that. throwing the
fraudulent votes received 10y both
out. Mr.. Wigginton had q fair ma
jority of four of the lawful votes
nearly forty thousand-cast in the
Fourth Congressional District of
California.
We now proceed to the next act
of the drama, and we particularly
ask the attention of Republican
believers and writer's of mushy
bathos to this point. At
the proper time the report
of the Election Committee
of the House came up for action in
that body. A Republican member
got up and moved that the report
be recommitted to save Pachcco
bis seat for a while, at least, what
ever might be the final result. Then
rises Mr.. Garfield, of Ohio, the &C.
knowledged leader of the Republic
can side of the House, who an
pounces that he is not prepared to
Say how he will vote. He is fol.
lowed by another Republican III en-
Der in the same vein. There is not
a single straightforward a solitary
whisper-Of partizan decision.
The action of the Republican lead
Or Of the House paralyzed the mo-
ton to recommit the report, and
Wigginton, in consequence, got
the seat to which the people elected
him.
Now how long does it take man
OF common sense, even though he
bs o Republican, to weigh the sig.
nl6cance of such an action as this?
Mr.. Garfield has no sympathy with
the Democratic party, he certainly
does not wish to increase the DEM
ocratic majority; but, like an expe-
rienced man of fairs, he could not
afford to force a debate which
would benefit neither his party nor
himself and in which both would
be worsted.
While we are on this subject, we
will just call attention to one cir
cumstance. Mr.. Pacheco was al
lowed to take his seat at time
when the Democratic party was
doubtful of its ability to organize
the House of Representatives. He
received his certificate from Dem =
ocratic Supreme Court, and Dem :
ocratic Governor and Secretary of
State, of California, at time when
they could not tell but that
they were injuring their OWE
party. Their action gave Mr.. Pa
checo a vote in organizing the
new House at time when Repub-
lican patronage and blandish m ents
were being used to influence tina {
organization in the interest of the
fraudulent administration. Now
that Mr.. Pacheco's fate cannot
affect the standing Of the party,
the Democratic House gives the
representation in that body from
the Fourth District of California
to the man whom the people have
elected, and we say amen.