Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-03-22
Sllcaster fstelHge1ner.

Il
IHopAY KvENuN0. NAR. az. 1898. |
The Dakes Case. /
I'D House Of Representatives should
WITH ereat deliberation in the matter
- proposed expulsion of Dukes, and
- 6net that its reference to the judi.
1Srg committee for examination will
11sIre the case that consideration which
% IL due. Some of the members were
fipceed to act at once, and to deny
bukes his seat without being officially
ynade acquainted with any cause there
II and without inquiry as to the power
q the House in the premises. Such
6oo1ish action was fortunately prevented
~ the good sense Of the majority;
"a we trust that a like wisdom Will
Guido the House to a proper conclusion
q the premises.
The judiciary committee, which has
boen given charge of the inquiry does no'
eeem to be in condition to approach 1t
n : judicial frame of mind, it Mr.. Am
merman is correctly reported as having
decIared to the House that every
member Of the judiciary general COM
mittee has fully determined upon this
ono thing that Dukes has no
rieht to q seat upon the floor of this
House." That being the very thing
which the committee is directed to IN
,auire into and which it is given author
ity to summon persons and papers to
determine, it is manifest that it should
not have already prejudged the question
and that it is very unseemly that it
should openly declare this prejudgment
to the House and the public. 1t seems
]. 70 show that the judiciary committee
considers that it is directed not to in
uuire into the proprietyof refusing Dukes
his seat, but to discover the pretext upon
which this predetermined thing can be
done.
Mr.. Ziegler, who is distinguished
parliamentarian, told the House that
when it met, no power on earth could
have prevented Dukes from taking the
oath with the other members, because
the body was not then organized, and
one member had no more right than
another to object to the taking
of the oath of Office by anyone who had
. prima facie right to membership upon
the credentials he submitted. But now
he thought that the case was different,
and that the House could refuse Dukes
his seat for acts done between the time
of his election and of his appearance to
be sworn in; provided the facts upon
which the action of the House was taken
were first obtained by proper evidence
and spread upon the record of the pro,
ceedings. While he did not distinctly
say 80, Mr.. Ziegler's position seemed
to be that the House was the sole
Judge of the sufficiency of the
facts as warrant for its action in vacat-
ing any seat. Mr.. Sponsler, however,
made strong argument to show that
the authority of the House in this regard
was limited by the constitution, and the
question he raised for the consideration
OF the judiciary commit ee and of his
fellow members is one of great import
ance and interest.
The constitution provides that no one
sconvicted of embezzlement of public
moneys, bribery, perjury or other infa-
NOUS crime shall he eligible to the Gen
eral Assembly" Dukes, not having been
convicted of any crime, would of course
not be ineligible to his seat, and it seems
to follow that his right to demand his
seat in the first place cannot be denied
him and that the only question open is
as to whether the Assembly may expel
him, after he has been sworn in, for acts
done prior to that time and after his
election, and not, therefore, in It's pres
ence.
The constitution empowers each House
to" Judge of the election and qualifica-
tion of its members" But that author
ity must be exercised under the consti
tuition, and can only authorize the in
quiry as to whether he has been duly
elected, whether he has the requisite
qualifications of age, citizenship and res
idence, and has not been convicted OF
any of the crimes which make him con-
stitutionally ineligible. The Legislature,
under its authority to judge of the quail
ifications of its members, certainly can
not be held to have the power to add to
the constitutional qualifications, or at
least those prescribed by general law. It
would never do to manufacture fresh
qualifications for special members; else
! there would be no safety to constitu
Z ency in It's representation. Wethink the
House will wait long before it declares
any such doctrine as to its powers.
Each House is given power by the con
.,titution to determine the rules of the
proceedings, and punish its members or
other persons for contempt or disorderly
behaviour in its presence, to enforce
obedience to its process, to protect it's
members against violence or offers of
n.-fS>~~ ~ x,o ko ool;o;tof;opo -, M