New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-24

hear the burdens of unsuccessful suitors, OF
tLot all lawsuits should be carried on atpuonc
cxnense. the general Treasury defraylnG the
costs for both sides. Whoever should propose
sucb n thing in a single case would De re-
corded "a imbecile or insane. But this Is pre-
c;seIv what is done in Congress IN DOM
broncbes in cases of contested seats. de-
feated candidate for Congress, or statesman
Who thinks he was or ought to have Deen
elected United States Senator, brings MS
netition to the body which he tnlnkS
he ought to adorn, and demands 10 DC au-
mitted to O seat. There is long nearing
that runs through the greater part OF TWO
wears in the case of a member OF Congress,
and perhaps longer in that of SENATORS az
the end of it it is decided that he has no rlsnO
70 the seat he claims; and then Congress
calmly orders that he be paid from the Ma
tional Treasury for occupying Its time anu
obstructing public business, precisely the same
"a though he were entitled to seat and had
been successful in the prosecution OF his claim.
Under this rule the Senate has Just voted
an appropuA1fon to the representatives OF the
late Henry NJ. Spofford who for nearly four
years prosecuted before that body a claim 10
the seat of Senator Kellogg, OF Louisiana.
The amount appropriated is equal to the sal
airy he would have received had he been
elected and taken his seat March 4, 1877, up
to the date of his decease, August 70, 1881
In similar cases of contested sears I'D
the House the same course has been
taken, and the unsuccessful claimants
have been paid the same as though they had
actuolv been elected and served through the
session. OF course it is in accordance win
established precedents. But are these prece-
dents wholesome and is the practice wise
Without selecting the present Congress Tor
inyidious comment, it is enough to point out
the abuses to which such a practice is liable
in any Congress and under any party.
Take the case, for instance, of candidate OF
the dominant party who, not having
been elected, secures by some sorI
of hocus-pocus the certificate OF cleo
ton and is admitted. The temptation 10
keep him in until the very close OF the
session-and this is easily done by policy Oh
obstruction and deay--is too strong to be re-
sisted. He runs no risk, but his party commits
n great wrong. His constituents are detrauded
of their choice. He occupies seat to which
he was not elected aud draws pay to when
he is not entitled, and at the end OF the
session the only reparation offered Is the
payment of full salary to the rlghtful
claimant, who has had no opportunity TO earn
il or to represent his constituents.
The case of tie contestant who has no
valid claim, though it works no such injustice
upon his constituents in depriving them OF
their rightful choice, involves a still greater
absurdity. For in this case the decision is
| that he not only has rendered no service foI
which he should be paid, but that he had
originally no valid claim to the Office, the
salary of which has already been paid to the
man to whom it was justly due. But
partisan majority has the power tc
slave off action in such a case I'll
near the end of the session, when
an adverse report is made, and the unsucccss'
| full claimant under the rule receives the same
salary as if he had been admitted and nae
served through the session. AT this rate NJ
more safe and lucrative employment Is now
offered the average politician than running
for Congress- 1t is about the only business
I'm which n man can engage and have
an absolutely sure thing. For there is really
no risk incurred If he is elected, he Is al
right. with a good salary secured for at leas
two years If he is defeated, he Is but little
worse off. He has only to contest the seat o
his opponent have his political friends stay'
off action upon the case till the close OF TIT
session, when, upon an adverse report, M
takes an appropriation for two years salary
and goes back to his constituents to try TIT
same thing over. Possibly when thu
abuse reaches a point where the Treasury
is drawn upon for payment of two Rcpresen
tatiyes from each district in the whole country
there will be change At present. wha
with partsanshiD and Congressional goo'
nature, there seems to be no hope Govern
mtnt pays two prices for pretty much every
thing, and the making OF its laws IS NJ
execution to the rule.