Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1880-03-05

governed by general parliamentary
usage. In any event, the court has
no right to interfere and dictate
rules, or to declare that given pro-
ceeding is not valid because the
House did not proceed according to
rule, as they think it should have
been. These proposition oil seem
to be too plain and familiar to need
further elucidation.
By them it is easily seen that the
attempt of the court to d,termine
the membership of the Senate or
House, or to determine that par
ticular person is or is not member,
whether such person or persons were
or we're not actually elected, is moth
ing less than usurpation of author
ity. No less so is it when they un-
dertake to declare that the House
should not have proceeded to organ
ize until it had first determined who
were it's members, otherwise than As
certified to them; or that the clerk
should have permitted an appeal
from his rulings. These are mat
ters given to the House exclusively,
end the court has no authority to
dictate, revise or criticise its action;
and it is simply arrogant assumption
in them to presume to say that the
organization is not legal because it
did not proceed according to the
rule which they would prescribe.
Equally unjustifable is it on their
part to declare that either of the
houses of the legislature has or has
not quorum in a given instance.
Each house itself is vested with the
exclusive jurisdiction OF that ques-
ton. You can see what utter con-
fusion would arise under any other
rule.
A legislature convenes, passes
laws, and adjourns without day. A
party has his case on trial in course,
and cites statute to support his
cause. But the other party says
that statute is not valid because
there was no quorum present whe1
it was enacted. To carry out the
doctrine of the judges. the court
where the case is pending must try
the issue whether there was or was
not q quorum present.
Again, the legislature elects q.
Governor and other State officers,
passes laws, levies taxes and finally
adjourns without day. The court
goes to work and determines that
the election of Governor is invalid
because there was no quorum pres
ent when the House was organized
For similar reason the President
of the Senate was not legally elect
ed, nor was anything done legally,
because the court says these was no
quorum present at the organization,
or that the record does not show
that there was quorum present.
There is, therefore, no State gov
ernment, and no power in any func-
tionary to institute measures to
organize government. That is an
archy declared by judicial decisions
over-ruling the determination of the
House.
These results show how unprofit-
able it would be to carry on legis-
lative government upon any other
doctrine than that each house has
the final power to determine the
question of quorum for itself.
And every act it does in the execu-
ton of its functions is q determin-
alton that quorum is present. Any
number may arrest proceedings at
any time, where the case showed
there was no quorum. Otherwise
the House assumes it.
But the court, without a hearing
in facts, without argument, without
notice, have undertaken to annul
rights of Office. and to declare leg
islature illegal in spite of its own de-
termination of quorum.
l know not what, of that nature,
can be more alarming than these
singular assumptions of power.
They strike directly at the founda-
ton of our State government, and
virtually declare that the judiciary is
paramount over all other authority.
am of opinion that the Legislature
was legally organized on the 7th of
January, and that the government
and the liberties of the people should
not be surrendered by them.
AS you ask me what to do. if ex-
peeled from the State House, I know
of no other way in such case, but to
assemble as near the State House as
practicable, and by concurrent ac-
tion of the two houses adjourn to
some suitable place. and there pass
a joint resolution, fixing the place
of their sessions, and there proceed
with the business of the State.
GRANT has never announced him
self for the third term. II. when he