New-York tribune., 1886-01-06
TIE OHIO CASE.

Some attempt to make 1t appear that, in
moving without delay to right the wrong done
by the issue of certificates Of election to persons
who never were elected to the Ohio Legislature,
the Republicans are guilty of unjust partisan
ship 1t ia urged that there ought to be investi-
CATION, and the usual delay, and n decision in
the usual form toward the close of a session.
But the object Of investigation Is to ascertain
the truth. If the truth is known, prompt action
il n duty Either the men sent with certificates
from Hamilton County were elected by the
people, or they were not. IL they were not. it is
a great wrong to keep them in their seats
single day after the fact is known.
In the Ohio case, it should be remembered
that judicial decision has already determined
the fact. The question whether the certificates
ought TO be given to the persons who have re-
ccived them WAS decided by the Circuit Court,
after examination of returns and the hearing
of testimony. The court decided that these
persons we're not in fact elected by the people,
ald therefore ordered that the certificates
should be given. not to them, but to others. In
a subsequent proceeding, the Democratic MEM
bers of the Supreme Court, not affirming that
these persons had in facv been elected. never
theless held that the Circuit Court had no
power to require the certificates To be given
to one person or to another, and that the Legis-
ature alone could decide upon the validity of
the election. Under this decision it becomes
the duty of each branch of the Legislature to
decide with the least possible delay, and to
right the wrong which, according to the finding
of the Circuit Court, was done by giving GER
tifcates from Hamilton County to persons who
were not elected by the people. If it be held
that the court had not the power to right that
wrong 80 much the greater need that the
Legislature should act promptly in the matte
Among good citizens of either party there
ought 10 be substantial agreement on one thing
that the will of the people shall bc upheld aud
enforced. aud that any device by which that
will may be thwarted shall bo set aside as
promptly as possible. Free government is not
possible unless good citizens OF both parties
adhere to this principle. If there is doubt
whether n person was in fact the choice of n
majority of the lawful voters then there is
occasion for investigation. If there is no
doubt If the returns bear upon their face
evidence of fraud designed to defeat the will of
the voters, investigation and delay would in
volve gross injustice. In this case, 1t is but
right to remember there has not been pre-
tence in either of the courts where the question
has been tried that the returns Upon which the
County Clerk acted were not fraudulently
altered. The fact is obvious. Those who up
hold him do 40 on tho ground that the wrong
committed wa one which he had no right To
remedy, and which tho Legislature alone could
remedy. Those who oppose the decision of
the Circuit Court do so on the ground that the
wrong committed was one which it had no
right to remedy, but which the Legislature alone
could remedy. If these views are upheld. it be-
comes the duty Of the Legislature tn act with
requires.