Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-11-10
TUEspAY......NovEMBER 10, 1885.
The Ohio Case.

Our readers will recollect that we
have all the time insisted upon 1t that
the Ohio case ought to be decided in
favor Of the Democrats solely upon the
ground that the courts had no right to
order the certification Of the election OF
members Of the Legislature. In aword,
the Constitution Of Ohio makes each
house of the Legislature the sole Judge
of the elections, qualifications, and re-
turns of its own members. When that
is said. all is said. There Can be no
going behind the returns in such cases.
Thus it is written, and thus must stand
the law.
Il seems to be settled that there were
frauds committed in Hamilton county
in the late elections. II so, the four
Republican candidates ought to have
been returned as elected. But they
were not so returned. They ought to
be seated, Of course; but they
ought to be seated by the Senate
itself, and not by the courts. One
wrong does not justify another. II
were better that ten times four MEM
bers should be seated wrongfully in the
Senate than that the very foundations
of our republican institutions should
be destroyed in the effort to right
wrong in q manner that cannot be
justified by any law. To realize the
magnitude Of the questions involved
the reader has only to recall the fact
that il the courts can compel the
certifcation of the elections of
members of State Legislature
they can compel the certification
of the elections Of members Of the ma
tional House of Representatives--the
national legislature. For, if the inter-
ference Of the courts in the cases OF State
Legislatures can be justified, or rather
attempted 70 be justified, only by
claiming that the act Of interference
is purely judicial act trenching in no
way upon the constitutional power ac-
corded to each house of the Legisla-
ture, surely the State or Federal
courts can compel the certifcation of
the election Of members of Congress
without trenching upon the rights OF
the House Of Representatives. What's
House we should have if judges such as
BOND, UNDERWOOD, and others that
could be named, had the power to over
haul the election returns and compel
the election officers to certify the cleo
ton Of all the Republican candidates.
What condition OF turbulence and un-
rest would result if it were settled that
every Republican judge could compel
the certifcation Of the election Of the
Republican candidates for Congress, and
every Democratic judge could compel
the certi6cation Of the election Of the
Democratic candidates for Congress?
viii it be said that the Ohio Senate
cannot be trusted to do justice in this
matter? The same remark might be
made Of any tribunal Of oyer and ter
miner; for examples, the highest
Court Of Appeals Of any State, or the
Supreme Court Of the United States.
Nevertheless, IS human society is con-
stituted, the final decision Of all dis.
puted points must be intrusted to some
court or body, and in the case unde'
consideration it is intrusted to the
Senate Of Ohio. And free institutions
will surely be at discount the day il
is settled that legislative bodies car
no longer be intrusted with the duty
Of passing upon the elections, qualiti
cations, and returns Of their own mem
bers.