, 1880-01-17

het"@A'' F'"NNN"A'tAs' " W. 1A"a'e =" "''A~''
they are wro'lgfulIy certlicated. Ihey afa
mt, tn 1act, nlcihtMrs; but LILO 1'let1a-
bers rigfitfnily elected, Ms shown
by thu official returns, and the opI1'-
l0n Of tic Court upon the proWnsitinns
heretofore by the Governor presented to tho
Court. nre entitled to appear and act IN tbs
organization of the Houses to which they be"
l0IiE. unless the ]lntlsc and Sebntc, I'll 1udg-
Ing Of tic election anl qualification Of ''senl-
bers. siIAll determine to the contrary. ~
member w1t',tnt n summons, "lIh apt'enrs 10
claim his scat, " rrtn'a face cntlt'e I" equal
consideration Will member "ln Las sltlIi-
nnfIS ltG Is tHIt III De deprived VI Tic posi-
tEUll belonging to lin III acfh1it oi ttcrelic-
ttoi' Of those whose duty 1t WIS To have
given HIN tic i'satal summons. Tie nbscnce
of that evidence may he supplied by other
evidence Hf membership. The House nnll
tic Senate have thu same right to consider
ntnt determine whether III the first Instance
such persons appear ta have been clecte'l'
alut ilnally whether they were ''' TACT elcctcd'
US they hasc Of any a'at nl' persons win! al'-
pear for the purpose III comprising tHe1r re-
spectivc bodies. ula'ieF inc 1nc's rccltea III
tic stHtcnient submitted III MS. We afc u
opin"'l TINT Lewis Voter aild associates tirst
named III the question there were mt entitled
to net, atnl that Cyrus a. Tl,nnns md nsso.
ctascs 1astly nal1leu III question "efa eht1led
TO att ~ the House ny members, a''d That
I,anel ". True a1lA those 'lrst named III
question = nre hot ehlIttea 70 act' ailt! that
Allure" loves, anu "thers VIII NM !'aineat
were eht'tle,l 10 ACT as nehners III lln oell-
ME. III neither cnse ht! tic Senate OF llnlise
Itself net upon the question Of their member
slip. l}oth tile Senate md House {neantng
tho bodies assembled tn be org1ln'zed ~
sci} were tlcbarrctE frn'n Any action thereon
by the conduct ri tile presiding Secretary
md Clerk. Tile assumption III sucll officers.
thAt no Question SHOULD he entertained
relntlSe to tlie right hf pershl's whose names
are not upon the rolls furnished by tic
| Secretary Of Stale, but were claimants ~
Seats was lshwarrantatle. The Stntute III
1h'9 embodied In this Revised statutes
{Chap. 2, Sec. 15) cannot pre-
ctl'lo either tito Scnate. or House
from amending and completing tho rolls Of
membership according to tho fncts. Eaci
House las constitutional right to organize
ltscts. The form provided fur aih and coli
veMIcnce III ciEccttng tile organization docs
not collfer utnn II temporarily presiding
officer s.,cl, conclusive power. We have not
failed to carefully consider tic act If 1st9
&c. u, incorporated lntn Il. S. T.. =, e. II. ~.
aht 10 far rs II declares tllnt moi person s'ti1
be allowed to vote "r tnkc lart Ill tlie ofgn1l-
zatton of either branch Ut the Legislature M
member Unless his name nlpears ulnt't tic
certified roll Of TINT branch III the l.eEisti.-
ture IL, whicll l1c claims to act,' We tlli'lli
1t ctcarly rcpughant tn tic Constitution.
which declares that > .eAc'I lloase
| shall . br Judge OF tho election nfitt
| n,nlitirntion If It's avn members,
- .t,',s ~ ",,.rti tia nat,r ~ o,cl, ,vtt1,,u
IL AIMS 10 eohHrol tlso aettoii y! e'ch ",.''1''
its constitutional pUWcrS till nfter full Dr-
c,r,y,ttm with !, ,un;nrttv Undermined alul
| E'''th1e'oti ".'h "'''"'1
liked by tic iUfef'i0r s1A toutlcli' ~ tllels
nctiuu III rrn.ting certificates to lncn not III
,,n,r,,u, II, In .tnrte1 ar rnf,,aI,,w IN rra,l.
s,,.;..os -, ,','',, o,',r,,. .lmt"i the,. nm,
ou,'s,t,"t",s,i, ua,,s ,y;,,, - nv, ,or,tv !, AMI
t,,ns, ,,;,,, ;>,'r,u,soS VIM stronrli,ty ain
n,urt,,r,,,,,,, I'm un,n,,or viii n,
.,.".,,. x1.ros,,1 IN, ,,nIi'+ .rho .,nctr,o NJ
,,,n+ ~ ,t,.n, -, ~. Ex.,w,,tr., i,.',rt,,,
s ~ r',, t,,, ,.,,,,ia ~ thn uf,tul,t,r,
tI'a,. i,nvo ,,l,ns.,, AM forna amen tl,mm IN,