Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1881-10-22
AN UNT1MELY REFUTATIoN-Mr.

urges with much vehemence that the
mine inspector should be elected by
the people, and argues hence that an
amendment Of the ventilation law can
be secured only through republican
delegation in the Legislature. This
position is supported by the following
remarks:
This is local bill, and by all usage tho
ioishss Of tbs delegation aoW Be ted 6rsspecy
tho Legislature. five are represented by
men whose local party interests are against
us, we can expect nothing in the way of
relief but if our local representatives favor
the change, Msy can accomplish It. 1t has
alsoays been the unwr,ttcn law of the Legis-
lature that local measures are at the aoM Of
the members Vho represent the county.
The natural inquiry will be-is the
statement above strictly true, either
necessarily or as matter of course ?
If we kne,o nothing to the contrary
we should be inclined to skepticism
touching the particular matter in
question. We have not, however,
been called to give either our opinion
or testimony, but Mr.. Brace, in the
same issue Of the Times whence we
quote, in a letter exhibiting his record
upon the ventilation act, has occasion
to give the public an instance in his
large and honorable experience as a
legislator of a remarkably persistent
violation of "the unwritten law" Of
the bill Of 1878, which passed the
House Of Delegates unanimously, Mr..
Brace says:
After it (the BILLY was sent to the Senate
and referred to committee there, the first
opposition developed. Whilst the Senate
committee was considering the bill our
Whok delegation appeared before them, ask
ing their favorable action. The
Senate committee understood that our dele
CATION was unit upon the question.
There is no doubt, then, about the
very favorable attitude Of the delega-
ton toward the bill, yet we have a
broad hint that in the Senate, where
"the unwritten law" is supposed to
be observed with even more dignity
and courtesy than in the House, some
antagonism was encountered. Mr..
Brace goes on to say:
After having Mr.. Carrolls bill utder
consideration for considerable time, the
Senate committee decided to add some sec.
tons to it
Why? Mr.. Brace gives the answer
30 as to repeal the w1tolo OF the Act OF
1876, and make it into an ENTIRELY
NEW ventilation and inspection law
All this, remember, in open viola
ton of the "unwritten law" against
call usage" and in defiance Of the
wishes of a united delegation !
That there might be no mistake
about this as about other portions OF
his letter, Mr.. Brace postscripts the
assurance that he has Submitted it
to Mr.. Carroll and Mr.. McKaig, both
of whom endorse its statements as cor
rect, etc.
Perhaps the astute writer in the
TsmsS may endeavor to draw an i'm
aginary line between the "practice'
of "the unwritten law" in the House
and the same tradition in the Senate.
He may, moreover, extemporize the
affectation that the Senates proven
bal courtesy is not due to House del
egations appearing before them as
cunts" But when it is remembered
that this county's member Of the SEN
ate also supported the bill, the specious
little Pigment of "the unwrltten law"
vanishes into thin air. When it is
remembered, in addition, that Mr..
Combs stood by US in favor of the bill,
not only as member Of the Senate,
but as member Of the Senate commit
tee in immediate charge Of the bill, the
last vestige of an elegant fallacy, the
remotest provision of an oral statute,
is swept out of sight
If we may "hammer one golden
grain of sense into a sheet CT wisdom"
broad enough to cover the county, it
is-put no faith in "unwritten laws.
People, if you want important legis-
lation of any sort, trust nothing solely
to the mythical claims of senators or
delegates upon the underwriting
complaisance Of their colleagues
The eurer policy is-"send friendly
ambassadors to court" If they can
not secure what you desire. be very
certain that no political enemies of
"the powers that be" can. This is
discernible in Mr.. Braces experience.
Had he and Mr.. Combs no democratic
,n,oo;o+o, - follo,r -, 1879 +ba orond