Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1882-06-08
INC LesI.Ia,lve and yudIcIaI.

- W - ~~-~~T~
Government, and revolution and plum
der the interest and purpose Of the
Legislative branch, itls indeed encOur-
aging to find a remnant Of cOnserva.
tive spirit, some respect for old land
marks and a disposition to enforce
observance Of the fundamental law in
the Judiciary.
The recent outrageous conduct of
the majority in the lower house of
Congress in entirely ignoring the
rights of the minority by changing the
rules, virtually the law, pending con-
test for membership trial OF civil
rights-has few parallels in the history
of legislation; and when similar acts
of usurpation have been perpetrated
history employs them only as examples
of warning to posterity. 1t is er post
facto law, and IS in keeping with the
conviction o. person for an act in all
respects legal at the time of its execu-
tion and afterwards declared penal for
the sole purpose Of furnishing an OBJ
noxious individual.
To say nothing of the merits of the
disputed membership, the precedent is
revolutionary and dangerous, and can
not be justified even by the pitable
plea of party necessity. Says prom
nent statesman:
i'The mode adopted by the Republican majority in
changing the rules of the House is plainly revolu-
tionary. The pretense on which their action was
based rests on perversion Of the meaning OF the
clause of the Constitution which oonfers on the
House the power to determine the rules of its pro-
ceedings. At the beginning of session, and be-
fore it has adopted rules for its government it may
adopt any rule of proceeding not inconsistent with
the Constitution which majority of its members
may wish; but after the House has adopted rules
for its government, these rules are binding on it
until altered or abolished; and this is true in pro-
ceedings in election cases. 1t is in all other cases.
There is no exception to this rule. The Republican
majority assumed the basis of their action in the
case of Mackey against Ooonnor, that the power of |
the House to prescribe the rules of its proceedings
confers on 1t the inherent original power to change
the rules in election cases at any tme and in dis
regard and in violation of its existing rules. This
assumption is equivalent tpsSying that, though the
House has adopted Gods pfrules for the govern
ment Of oil of its proceedings, there are no rules
binding 1t tin election cases. and that the msority
OF the House take any action it pleases in VIOLA
ton Of its rules. In this assumption the Speak
er of the House refused entertain motions, which
were legitimate and allowable under the rules of the
House, and which have been uniformly admitted and
acted on for years by both political parties. All the
powers ofthe House are delegated powers, includ-
Ing its power to make the rules of its own proceed
ings. Original, inherent, sovereign power resides
nowhere in this country but in the people. In
many of the State Constitutions this implied power
Of sovereignty of the people is express in the dec
laratons that the people reserve to themselves the
right to change, alter or abolish existing forms of
and to establish others in their places
been claimed for the House Of Representatives and
certainly no such power exists in it"
The great danger is that this out
rageous ruling-this usurpation-will
1ot stop with the mere unseating and
seating Of members of Congress.
There is q more sinister object in
,iew. There is, as is well known, a
urplus of $l5O,OOO, 600 in the United I
states Treasury, and the several lead :
RS who own the Speaker and run the /
House are anxious to get at it. Thus
ar, under the rules of the House, ,
hose whose itching palms are ready t
0 deplete the National Golfers have /.
een checkmated by Democratic vigi- G
ance, and have been unable to make
eadway. 1t is generally believed 1
hat the desperate schemers, in forcing
he Speaker to rule as he has, are only '
aving the way and preparing the
ublic mind for greater outrage ]
Without such proceeding the Dem :
Gratis can stand guard over the.Treas- !
ry vaults, and prevent legislation c
7hich will raid the public purse; but
he plant Speaker will no doubt be- II
eady with another ruling which will :
ffectually block the minority from !
hecking outrageous drafts on the Ma
onal Treasury, even on appropriation
ills. It is plainly apparent to acasual
bserver, since the Speakers ruling in /
Iackey case, that the lobby have been
, high glee. These cormorants, who ;
aunt every nook and Granny Of the
'apitol, have for four months been
because of the failure to {
ct through their schemes. Now
owever, they are exuberaut and de- 9
ant, and give reason to believe that 9
le Speaker will, at the proper time, t
lake rulings which will not preju- $
ice the numberless Jobs they have on t
and, ]
To rebuke these Congressional '
surpations appeal must be had to the