Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-07-25
Tho Advertisement Law.

cOT0 ~ part OF the rcCOfu vi tuc uOuSc vi
Delegates Of the year Ia which those things
were done. But II was the House OF Dele
gates that corrected the record-nota court
Of Justice. II was done by the legislative
department OF the Government-not by the
judicial department. These departments
are by the Constitution required TO be kept
"separate and distinct 80 that neither ex-
ercise the powers properly belonging"
to the other. The Governor hss Just as
much right as the Court OF Appeals
10 decide that the Senate record or the
House record Is incorrect. There 10 no.
thing peculiar In the case Of General WICK
HAM's refusal to vote on the apportionmspt
bill. We add that two-thlrds vote does
not mean anything more or less than ma
jority vote. II the Court OF Appeals can
inspect the record OF the Senate, and
decide 1t to be incorrect. In one
case, II can do IL Ia all cases. IL can
summon witnesses 10 prove that any
given bill was not passed by majority
vote. or that II all the members present had
voted the question would have been de-
cided differently. II requires the votes Of
a majority OF the members present to pass
any bill. II the Court Of Appeals has the
right to declare a law null and void because
q senator was present and did not vote, It
must have the right 10 declare law uncon-
stitutiopal which did not receive the votes
Of q majority OF the members In the Senate
or House of Delegates when said bill was
passed.
Here is bill. There are forty senators
present in the chamber. Five OF them fail
10 answer TO their names when the roll Ia
called. Seventeen vote in the negative.
Eighteen vote In the affirmative. Was that
bill passed in constitutional manner! Is
II o constitutional law when 1t has passed
the other house and been signed BY the
Governori II lot. why noti Can the
Court Of Appeals take testimony to prove
that the bill was not passed by . majority
Of the senators present In the chamber, and
upon such testimony sdiudge the law to be
null and yoid' Nay, verify. not without
usurping the functions OF the Legislature.
Not without running counter TO the prsc-
tlce Of the courts and Of legislatures from
q time whereof the memory OF man run
meth not to the contrary.
In some States the Legislature may by
majority vote override the veto Of the Gov
ernor. Suppose such were the provision
In our State Constitution on that subject.
Would the Court OF Appeals presume to say
that every member Of the Senate present in
the chamber when the roll was called was
bound 10 vote "yea" or "nsy" In order
to render the law valid one!-thst Is, let
US say. when the bill Is passed by only one
msiorityi How many constitutional laws
are there upon the statute book Of Virginia
II this be the lsws
Again: A rule Of the Senate provides
that every senator present when any ques-
ton Is put or vote taken shall vote or be
counted as voting on one side or the other.
Will the Court OF Appeals undertake to say
that this rule was not enforced in General
WICKHAN's case, or undertake to enforce
this rule for the Senate, and count General
WICKHAh's vote on one side or the otheri
Let us suppose that the Court shall under
take to do so. VIII they permit General
WIcKHAN to say how he would have his
vote countedt Or will they, against his
protest, count his vote in the negsiivei
Once more: II the Court OF Appeals has
the right to take jurisdiction now In the
case which Captain WISE has made up for
Its decision, 1t would have the same right
to take jurisdiction in the same case next
elected the congressman from the ten dis
tricts laid OF by the Legislature at its last
session, and after the members have been
seated. II would be good Joke on the
Court Of Appeals to find 1t seriously con.
sidering the constitutionality OF the
new apportlonment law after the
congressman elected under that APP
portionment had innocently taken their
seats and were drawing their salaries.
Would the Hsuse OF Representatives pay
any attention to such decisions OF course
not. That body Is made by the Federal
Constitution the sole Judge Of the elections,
returns, and qualifications Of Its own mem.
bers, and would treat with the indifference
Il deserved an attempt on the part Of vir-
ginia court to usurp the functions Of the
Virginia Legislature.
But let US suppose that the Court OF APP.
pesls shall order The spportlonment law to
be stricken from the rolls, and the public
printer not print nor publish Il, what
thens Under what law are virginla's con-
gressmen 10 be clectedi What authority
IL there for elesting more than miner The
act Of Congress rexpportioning representa-
tives among the States provides how repre-.
seatatives to the Forty-eighth Congress
Qhe existing one) may be elected where the
Legislature shall not otherwise provide;
but, - We understand 1t, does not make
any provision In regard 70 electing mem
bers Of the Fony-nipth Congress In cases
where the State Legislatures have failed or
neglected 10 act, or, as coptsnded in the
case under ssnsideFation, have passed no
valid law on the subject. In the present
House Of Representatives there was con-
tesied-elechen case from North Carolina
turning upon the question whether the
member ought 70 have been elected from
the new or the old district. We may
have ten such esses before the next House
Of Representatives. win the House abdi-
cate IL functions, or will 1t decide for itself
whether these ten men shall be seated or
nots
We can see no good 10 come to anybody
Out Of this case. The Democrats would a
soon elect under the old law Is the new;
but not "under compulslop." They do
Dos wish to countsnance an act Of usurps-
tea On the pars Of the Court Of Appeals.
-
Conclusive.
That the records Of the two houses Of
fSoo0rena and ~ the two ho,,... a. $500.