Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-02-06
JOHNSON ON KENNEDY,
calm. ID. johnson Criticises the Rulings
of President Kennedy.
r....inI "a fha ReoiEteT.


boms of Col, Dan johnson this morning TO
learn the opinion entertained by that able
nsrliamentarisn, of President kennedy :
rulipg. The COlonels reputation as 8
parlismentarian is widespread. DE was
found at home and spoke freely.
Colonel, what do you think OF the SIT
ustiop in the Ohio Senate" asked the
REGISTER man.
SIT strikes me as one Of the strongest
manifestations of partisan dishonesty for
the purpose of securing partisan suprem'
acv that have ever seen, 1t seems that
soma members of the Republican party
during the war became so thoroughly I'M
bned with the idea that they had right 70
set aside all legal restraints which 1oroaue
or interfered with the Accomplishment OF
their desires, that it is now imposslble Tor
them TO make the constitution or laws the
rnle which shall govern their actions.
"Do YOU not think that President Ken
nedy had q right, in his yiew-ef the case.
to decide that in considering the contested
seats from Cincinnati, and all questions
relating thereto, that members, whose seats
were contested, had right TO vote
In my opinion he had no such right
the rules OF the body over which he presides
must govern in all cases l Know
the impression has gone abroad that the
nresiding officer is the master, and not the
se,rant Of the body over whicn ne pres'des
thai if his ruling is unsatisfactory to sny
member an appeal to the House Will be
proper, but if the presiding officer rules the
snneal out of order, or otherwise refuses
to entertain it, that there is no remedy.
This is evidently the position taken BY
President Kennedy. Such q position lS
wholly untenable and would be utterly
submissive of the rights Of the memoera OF
sny legislative assembly. The sovereignty
of the State is lodged with the people
thereof but in populus State 1t became
impracticable for the people personally
TO exercise the powers OF government,
hence by their constitution they delegated
these powers-powers OF sovereignty or
mowers OF government, which ever you may
be pleased to call ito agents chosen Oy
themselves to exercise these po~er3 OF
sovereignty for the public good.
And for the purpose OF
greater security against wrong, they
have divided the powers thus delegated into
three departments, called the Legislative,
Executive and Judicial departments,
placing certain restrictions upon each, and
providing that neither shall exercise the
powers properly belonging to another. and
nrovi6ing further that the Executive and
Judicial departments ahall ne amenaole to
the Legislative for any usurpation OF pow
era or malfeasance in office; but nowhere
is the Legislature made smenab!e to either
of the other departments-they can not
compel it to do, or not to do, anY &C, nor
punish II therefor. There being no one
authorized to legislate for it, it has the
inherent power TO legisla!e Tor itse!i-to
make such rules as it may deem necessary
10 govern it in the transaction o! irs busl'
ness. This rule applies when there
is a single Legislative body bat
10 guard against any abridgement OF thus
power in a dual legislation tha constitution
Of Ohio provides that each House may de-
! termine its own rule Of proceedings
< Y \ and shall have all other powers
necessary 10 provide for it5 safety, and the
undisturbed transaction Of its business
The Senate of Ohio being thus clothed
with the full and exclusive authority to
make the rules which should govern Ii in
it's proceedings, and having made such
rules, the presiding officer was bound to be
governed By such rules, even though he
might have been OF the opinion that they
were unconstitutional II is always the
duty Of the presiding officer to carry Out
the will Of the majority OF the body over
which he prssdss 1t is true that Mr..
Kennedy preside3 over the Senate by
virture Of his cfice OF Lieu!en
ant Governor, bat this does not
change his relations towards that
body He is placed there not to execute
his own will but the will Of the Senate, and
! if he cannot do this he ought to vaca'e the
chair at once lf he fails to carry out the
order of the Senate, and also fails 10 VGcate
the chair or make q ruling or attemp! tc
enforce ruling contrary 10 the rules and
orders of the Senate, a majority OF the
members OF that body-and by members
mean any one who has been admitted tc
his seat and sworn in have an undoubtec
right TO declare him guilty Of insuSordIns
,ion and usurpstion and suspend hin tron
the exercise Of the functions OF hls Office
until he shall comply With the rules ant
orders of the body, the Senate be the sol'
Judge Of the qualification o! its membsf:
aud the propriety Of the rules which it ha
ordained for its government. say there
fore that there is 40 principle OF consriu
tional or parliamentary Law that will il
the slightest degree justify or excuse Pres
ident Kennedy in his attempt TO ovsrs.d
the will of the Senate in this matter.
But suppose there Is 8 statute OF OH
which supports President Kennedy IL 30
position which he hos taken, what 'h40?
II presume there is no such statute b1
if there is, all OF lis provisions s!temp'ln
70 control either House in the traDsacLo
of its bssiness is utterly void. The Seasi
: cannot, even With lis consent be di7e''e
OF powers vested in it by the Constitution
The Legislature might assume to pass o
act to-day prescribing rules for the go'
erHment of each House in the trausacno
of it's business aud TO morrow diaregsr
3 such rules with sortect IMMUNITY.
What can be done in the event that th
, presiding officer refuses to put q motto
. when made and also refuses to vaca,C th
chair asked your correspondent. ,
"Ir ssst case ! have no 5ogOs OF u
right Of auy member 10 pat the quesiIo
E himself. In case Of resolution of suspe'
e sion being offered il would bs proper Il
the member TO put the question to II
House, and if carried the BODY would the
proceed 10 elect presiding officer pro ten
! Eho would ct once assuSe the du:ie. o. Il
: Chair.
What, in your opinion, will be the
! suit of the embrogEO il Obio?'
:. That is hard to tell. If the Demcers
;. !. have the courage 10 maintain their righ
= :hsy ere masters Of the situation and q
preserve the reputation OF tneiF State, o
. if they surrender, another fraud will
!: added to the Republican catalogue. Shl'
y is already tall to ove;fowing.'