The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-05-12
XLVIrn CoNGRESS-SECoND SEES
SION,

olON.
SENATE. The President pro TEN laid be-
fore the Senate communication from the
Secretary Of War recommending an appro-
priation OF $4,000 to continue on the service
of seventy clerks engaged in preparing the
reports TO expedite the settlement OF pension
applications and which otherwise will have
to be discharged on the S0.h proximo.
At the expiration of the morning hour,
the Senate ooucurred in the House amend
mont to the joint resolution, authorizing the
President to call for an International Sanitary
conference. The amendment includes among
the countries from which delegates are to be
invited those subject to cholera.
The Senate then resumed consdera-
ton of the Kellogg Spoilord reso-
lutious Mr.. Hill, of Georgia, speaking
in their support He proposed, he
said, 10 d scuss chiefly tho legal aspect OF
case, going into facts rs far rs necessary to
illustrate principles. 1t was conceded, he
said, ON ali hands that the Legislature was
chosen in Louisiana in 1876. The question
to be determined, then. is which body cl4im-
ing to be the Legislature whs such Leesla-
ture in fact II true that the Legislature
chose Mr.. Spodord, Mr. Kellogg was not en-
titled to his seat. What, then, WAS the true
Legislature Of II State Mr.
Hill eontended that II Il
body OF persons vested with authority to
make laws for the Staie. ltderives Its pow
ers to maze such wsssolely for people undel
the State constitution. This being so, Il nee
essarlly follows that the people who conle
such power on the Legislature must alone
have the night to say upon what BODY o
men they confer il. In other words the Stat
must decide Tor itself what body constitutes II
Legislature, and no other personor power I'm
any right to decide torthe State this Import
ant question. The opinion has prevailed II
some quarters that when there were tw'
bodies IN State, each Of which claimed t
be the Legislature, some power outside OF th
Senate Tor instance, could interfere and de
eide which was the legally organizes
body. In no possible cont' gency
Mr. Hill said, could such
doctriae hold good. If domestic violene
prevented tho State from determing for ltsel
which was thetrue Legislature, The Presider
might be called upon to put down the VIC
lenoe aud remove the obstruction,so as To Civ
the State freedom 10 choose for herself he
Legislature, but no power outside OF the Stat
had the authority To make that choice for hel
In the present case the State Of Loui,ian
recognized the Nichols Legislature befor
Kellogg was seated by The Senate, m
decided that the Packard Legislature was III
body whose enaetment' were not binding up
on any person whatever, and whose ny
pointees had no valid titles. Not only shl'
but It definitely recognized the Nichols Legs
laiure for its whole term. II was absurd +
suppose that one body could DO the Legisla
ture for one or two months an
then another body become the lego
assembly. The Nichols Legislature wa
chosen in 1875 for two years, and was the on
ly legal body for the entire two years. IN
Packard Legislature had at no Tune what
ever legal standing, The state having $
decided, where does the Senate get The powe
to reverse 1t ! II such power existed won
destroy the rsht OF set,goVerhmeht IN IN
States. Mr. Hill would feel that ne mad dii
charged duty To-day. lie said Ina
nothing could be more dangero.
than tins one thing-thM Il
them TO say that the Senate nor any powe
but theStale could dete mine what was u
Legislature. III the oenate coulu go INTO
o'ate ueOioo tnnt my ni'o ""f ~
ture, Whist would become, OF the state d
wanted his friends from tne weaker party
the country to beware. When the doctrr
that the Senate could reverse the action OF
State prevailed, the States would be at u
mercy of M outside power and lose the
rights forever. 1890.
Pending the conclusion OF Mr.. Hills arg
ment, the Senate. at AGO, adjourned.
HOUSE. MIR. Tucker, OF Virginia, fro
: the Committee on Ways and Means, report
the following bills, which were referred
the Committee of the Whole: To reguls
the custom on hoop, band and scroll iroI
to regulate the custom dates on sugar
, regulate the custom duties on certain articl
named therein.
of the minority fnpon the bill TO regulate 1