Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-20
An IMPORTANT PROPOSITION AF.
FECTING THE RIGHTS OF EACH
HOUSE OF THE LEGISLATURE.


There is pending before the Senate OF
this State proposition affecting the
highest privilege of each house OF the
Legislature, involving the questions OF
jurisdiction and the power to punish Tor
contempt. The question Is raised by
Senate bill No. 1873, which proposes 10
amend and re-enact chapter twelve OF
the code. Section z of this chapter
provides that when a person Il sum-
moned to give evidence or produce
paper before joint committee OF the
two House that obedience to such sum-
mons NAV be enforced as "the two
Houses may determine by joint resolu-
tion.n The provision has been in the
Code of Virginia for long number OF
wears, and was transferred to the Code
of West Virginia. Whether it has ever
been subjected to practical test by the
Legislature of Virginia we do not know;
but we do know that it has proved
complete bar to proceedings for con-
tempt before one branch of the LeSisia-
ture of West Virginia.
We cannot understand why the provi-
sion was incorporated into the laws OF
Virginia or West Virginia, when 1t Is
so directly in conflict with the constitu.
ton of the State and the fundamental
principles of parliamentary law. Sec
lion "A of article of the constitution
provides that ''each House shall deter
mine the rules of its proceedings" and
section 20 provides that each House shall
have power to provide for its own safety
and the undisturbed transaction OF its
business and may punish any
pnrSnII not q memUer, TOT tiIsrvepOctful
behavior in its presence; for ObStructing
any of its proceedings" etc. 1t will be
observed from the authorities cited from
the constitution that the House pr0pos-
ing 20 act in the premises, must act sep
aritely and individually; that it is the
sole custodian of its honor and the vim
dication of its privileges, and that the
otherH OuSe cannot be joined with it i'll
deciding such questions.
at is highly eXpedient, says HATsEL,
"fGr Che due preservation Of the privi-
leges of the separate branches of the
Legislature, that neither should en-
croach on the other, or interfere in
any matter depending before them
so as to preclude or even influence any
freedom of debate, which is essential TO
free council. barclays Digest, page
65.) If it be so important that each
House should he so completely freed
from the influence of the other, even in
the transaction of its ordinary business,
how much more is ii the case when the
digRi.yan the pO1rCr OF that House to
transact It's Ob7l business are involved?
1t is true that the case involved in the
proposed amendment to section of the
bill under consideration, is one arising
under the action of what is known rs
'jOint committee" but it should be re-
mcmbercd that this 'joint committee
is cCmpOSed oftwO complete committees,
one appointed by each House, and al
though they sit together, they are never,
i'll fact, merged into one committee, but
must act integrally, each committee
representing the House which appoint
cd it. The amendment proposed by
Mr.. FAULKNER, ana which is now
pending, is to authorize the chairman of
each of these committees to- sum-
mons witnesses to testify before
both committees sitting Jointly, and
if he refuse to obey said summons, the
committee which summoned him shall
. punish him or report him to the House
which appointed the committee, fDrsuch
action as that House may deem eXpedi-
eMt. This clears the question of all diff
Guilty and acknowledges the cOnstitu-
tiOnal right of each House to be the sole
judge OF whether q perS0niS in contempt
Of that House.