The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-26
THE DEBACE.
COnG'DuatiOn of the Cannon
Campbell Contest in tn,
House.
NIOultOn's Argument.
Continued from THURSDAYS Dali

Now, all the presidents of this House
say, and it is laid down in the books
that the only requirement resting upon
rerson applying for admission as 8
mem Der mere is 20 present his certificate
properly authenticated, to show that be
mas been elected, that when this is done
you are bound TO admit him. That is
his P''inlG JGcie case.
want to call the attention ofthe
House to what committee has said in
reference to this proposition that thH ale
CATION or fact of crime is no considera-
ton for the Il u.e Or for the committee
on elections; that if it be true Mr.. Can
ION Is pOlygsmiet, it is not a question
to be considered by the committee on
elections or by the House, but that after
he has been admitted, if his presence
does not comport with the dignity Of the
\ House, he may be expelled.
read from the celebrated report in a
recent case where il is held that bribery
ber-elect and which did not affect or in
fuence the result of bis election, could in
no sense be construed 10 render bis cleo
ton void. That was the report of The
msjority Of the con mittee, that If a man
1t certainly is as great q crime in law as
polygsmyl, it was no reason why be
should be exclude from his seat. It is
further stated in this report as follows:
That bribery, by candidate for an
elective office lin the absence of a statute
making it disqualification does not dis
qualify TO hold the Office at the common
law was held by the court OF Queens
Bench in Regina Us. Thwaits as Eng.
Law and Eq Reports, 219, DBL in a
proceeding in the nature of quo aOGr-
Td1ato to try the title to an office where
acts were shown which were by the court
held to amount to bribery, but which cid
not affect votes enough to change the ma
jority, and the respondent was therefore
held to retain his seat as a member of a
municipal council.
THE same doctrine is he in Pennsyl-
vanis as to q sheriff, in Com Us. Shaver,
g Watts and Sergeant, p. 1881
''The English rule laid down by Cush-
ing in his excellent work, without giving
either the origin or reason of the rule, is
calculated to mislead persons in this coun-
try.
st is quite demonstrable that the ru lie
owes its existence to disquslifying stat
utes of England, and can have no appli-
cation to questions arising in the Con-
gress of the United States under our
present Constitution and laws.
IAN examination of all the cases cited
in Rogers, Douglas und ether English
authorities, where member of Parlia-
ment has been unseated for bribery,
treating, ETC., by himself or his agents,
who're the votes thus affected were less in
number than his majority, will show
that in every case the decision rests upon
special English statutes, with which we
have nothing to do.
SIN some OF the states it Is held that
prior conviction of the disqualifying
crime is necessary before such 3 rule can
be applied by legislative assembly. 1t
is not admitted that either the organic
act of state or its legislature can pre-
scribe disqualifcations of any kind for a
mem Der OF the House of Representatives
of the United States, but it may be pro-
per TO state here that the constitution of
Minnesota (section Is. article A. gives
full power to the legislature of that state
to render ineligible to hold office any
person guilty of crime, and that legisla- |
ture has not made bribery Of voters dis
qualification to hold Office, but 1t has
only made it q misdemeAnor, punishable
by fine and imprisonment 10 the county
jail, Statutes Minnesota, 1873, page 5,
section 66).
It may be observed that under no pro-
vision Of the Constitution of the United
States does crime committed by a men,
Der IN his election disqualify him from
taking and holding his seat
The reason for the English rule wholly |
fails in the case of a member OF the |
House Of Representatives.
Justice johnson, Of the Supreme Curt
of the United States, in an early case. in |
speaking of distinctions between Amer |
lean and English legislative bodies, said: |
american legislative bodies have |
never possessed or pretended to the |
which constitutes the Lead |
ing feature in the legislative assembly of |
Great Britain, and which may have led !
to the exercise Of caprice |
under the specious appearance of merited
"-6 Wheaton, 231.
In judging of the election Of a member,
he House deals alone with the question
Of the mum Der of votes the member re-
,eived land if it appears that he has ma.
ority Of the votes cast, excluding ali IL
egal and void votes cast, and full and
air election has been held by which
uch majority has been obtained, or at
east the majority would not have been
affected by any unfsirness or improper
practices in the election, then the conclu-
ion is irresistible that such member has
oeen duly elected.
In judging of the returns of its MEM
,ers, the House deals with the formal re-
urns, at least preliminsrily, on which a
member is expected to be admitted 70 a
eat in the first Instance.
In judging Of the qualifications of
member, neither the questioned election
lor returns is involved. The qualIfca.
ions of member Of the House Of Repre-
entstives are fixed by the Constitution
f the United States, article l, section 2,
s follows:
mo persoR shall be a Representative
Who shall lot have attained the age of
twenty-five years, and been seven years
itizen of the . nited States, and who shall
lot, when elected, be an inhRbitant of
hat State in which he shall be chosen"
The Speaker. The gentleman's time
las expired.
Mr.. Moulton. I should like to have
ew minutes longer.
Mr.. Calkins. How mach time does
be gentleman require?
Mr.. MoultoB. About ten minutes.
Mr.. Calkins. I move by unanimous
consent the gentleman sltime be extended