The Evening critic., 1883-03-23
THE DUKES CASE.
Action of the Pennsylvania Legisia-
ture-Judge Rlack's Opinion.

The Pennsylvdn MIA House judiciary commit.
tee yesterday authorized the subcommittee
charged with the Dukes Investigation to make
a thorough inquiry. The subcommittee, at a
meeting last evening, instructed the sergeant
alarms of the House to notify Dukes to appear
before the committee to answer such inter-
rogatories concerning his absence from the
House and his recent conduct as may be put to
him. The sergeant-at-arms started tonight to
search for Dukes, whose whereabouts are not
known, Subpenas have been issued to State
Treasurer Bailey, under whom Mutt acted as
cashier; Chief Clerk of the House Meek, who
Is to produce the book of registered oaths, and
the cashier of the Uniontown Bank, who is
expected to prove that the letters to Captain
Mutt are in Dukes handwriting.
Judge j. 8. Black, IN q recent interview,
said, In speaking OF the probable action OF the
House in the Dukes case, there is danger of
going too far, as in all cases where the pas
sions Of men become thoroughly aroused.
There is, however, precedent for declaring
Dukes seat vacant.
"When was thatf"
"Steyens, after he lied. He tried to get up
the war that is known In the history of this
State as the tBuckshot War; and the enter
prise collapsed. He jumped out Of back
burg, where no remained, Without claiming
his seat, for about a month. When he came
in and offered to take the oath the
hGse hy thes his wh soat Wss vassn
l do not believe that this judgment Of tho
House was founded upon the pure failure of
been out nearly as long were admitted without
hesitation. The door was shut upon Stevens
by a sentiment OF Indignation like that now
felt against Dukes. He had tried to perpetrete
q gross fraud by the Introduction of eleven
members from Philadelphia, who were
known not to be elected, and brought troops
to Harrisburg with intent to force tho bogus
members upon the House that knew they had
no right there. II the troops could have been
used as he intended 1t would have produced
a civil war and the whole State might have
been covered with blood and ashes.
"If that was the reason for declaring Stew.
ems seat vacant, 1t is the authority for n
similar judgment against Dukes, but doubt
II 1t was right. Congress, in several cases,
have turned men out OF their places, on the
ground that they were improper persons,
morally unit to associate with the members
who voted against them. l think Congress
was wrong every time 1t did this, as the Brit
ish Parliament was wrong In refusing, for n
similar reason, to seat Wilkes. But what
is to be done in case like this 1t
is utterly impossible to let a man like
Dukes take part In the legislation of the
State. The House Will exclude him even at
the risk OF taking some revolutionary measure
to keep him out. If the thing is done lawlessly
would rather see II done outside of tho House
than by the action of the members.'
"And what method would you suggest, Mr..
Black, as most suitable to the case?"
"It would be better, think, that somebody
meet him at the depot and run him ont OF town
before he has time to get up to the 'hill.'
Probably, however, he will have too much re-
gard for his health to make his appearance
there at ALL"