Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-12

work in hand we found that attention
should he given to the condition of tho
public buildings and grounds and IN ap.
preparation made for their proper repair
and 10 that end we recommends that
special Joint committee be appointed to
consider the subject, or that the power
of this committee be enlarged so as TO
cover the same.
Respectfully submitted.
CHARLES r. JONES Chm,
j. I. ELLYsoy,
Senate Committee.
JAMES ". MORTON,
II. +. CRIsMoND,
W. q. LoyIEG,
House Committee.
... TAX on PEDDLERs
Mr.. Koiuer called up out OF its order
the bill, fully explained yesterday,
amending the law In regard to the as
easement Of the tax on peddlers.
Mr.. Heaton was opposed to this mea-
sure and gave potent reasons why the tax
should be placed 90 high as to eradicate
those people, who are nuisance and a
terror to ladies' and children.
meet Mr.. heaton's view, as the Senate
committees amendment proposed to
grant only county and not State licenses.
The bill was passed 10y and made the
special order for to-day at o'clock.
SCHOOL LAW COMMITTEE.
The Chair appointed Messrs. Will
liams, Moore, and Mcdonald as the
members on the part Of the Senate OF
the special joint committee to consider
and revise the school laws.
ELLIs-HOUsToN.
at 1898 the Ellis-Houston contested
case came up as unfinished business.
The question required on the adoption
Of the resolution offered by &r Berry,
directing the Committee on Privileges
and Elections to proceed with the inVes-
tlgation of the right OF the contestant to
the seat now occupied by Mr. Houston.
/ Mr.. Williams took the floor and was
about to proceed to argue III support Of
| the position taken by himself On this
subject day or two ago, when Mr. Nc
/ Donald, with an open Senate manual ~
bis hand, arose to the point of order that
/ Mr.. Williams having spoken on the sub
juct was not entitled TO speak again until
every other member who desired to had
been heard.
Mr.. Williams: | have no disposition,
Mr. President. TO inhict my speech upon
any one, and il the gentleman from
Northumberland does not wish to hear
me / hope he will retire. l hope the
Senate viii allow me to be heard
Mr. Mcdonald: Withdraw my objec
ton.
The Chair: The gentleman from Bland
will proceed
Mr. WILLIAMS.
Mr.. Williams proceeded and spoke sub
stantially as follows:
In answer to Senator Rhea and others,
who maintain that the laws in regard to
contested elections are mandatory and
binding upon the Senate, Mr. Williams
read from McCreary on Contested Elec
tions to prove that the settled rule Of
construction by Congress under the Con-
stitution OF the United States, which on /
this subject is the same as ours, is that !
such laws are only directory, and in |
wise, because the Constitution expressly |
invests each house with the sole and ex-
elusive power and jurisdiction to deter
mine all questions as to the election and |
qualification of ITS own members but /
when the jurisdiction Of o court (Which |
has no constitutional jursdiction) de-
ponds on giving notice Of contest, then
the giving Of such notice is a condition
precedent, and the exercise of the juris-
diction of the court is as much depend
ent on it as its jurisdiction is dependent
on the issuance Of a writ in other cases
Gentlemen on the other side admit that
the Senate OF its own motion, without
notice or even contest can proceed 10 in
vestigate the right OF sitting member
to his seat; but that if it should be de-
veloped that the sitting member is not
entitled to his seat. and that his election
was the result OF frdud, and that the op-
posing contestant WAS honestly elected,
then the Senate was powerless to do
justice by awarding the seat to him who
is shown to be justly entitled to it. This
certainly cannot be the true construction
OF the law and Constitution. The true
rule in law and justice is this, that treat
ing the law as 10 notice as directory it
must be followed so far as the rights OF
thecontestant are concerned, unlessit can
be shown that justice demands depar-
ture from the statute. In this case the
fact is admitted that Ellis only had but
one day in which to give the notice, and
that it was physically impossible for him
4.
the statute so that this is the point on
which this case properly returns. II the
construction contendea for ON the other
side is the true state of the law at this
time-viz, that the statute requiring no.
tlce 10 be given in ten days after cleo
ton is mandatory and peremptory-then
that statute ought to be amended at
once SO as TO reinvest the two houses
with power TO protect themselves and
the country from the successful practices
of frauds IN elections in those cases in
which the facts clearly show that the
contestants were prevented from COM
plying with the statute by accident,
fraud, or other good cause. If the man
datory construction contended for pre-
walls the door is opened to unlimited
frauds. For instance, if county or
city returning board delays its return
for ten days after election, and then by
bribery or other corrupt means null
lilies or alters the returns SO as
to award the certificate to the can
didate actually receiving the smallest
of votes, then the Senate and
House are powerless TO seat the man
justly elected simply because he did not
give notice Of contest in ten days after
election. when in the nature OF things
it was impossible to do So Adopt the
true and justly-settled rule on the sub
ject as l contend for it, then justice
can be done in each case and the voice
of the people, although smothered for a
time by fraud, can be- finally vindicated /
and the plain provisions of the Consti-
tuition enforced. Election laws are
passed not to facilitate but to prevent J
the commission Of frauds. The voice OF
the people as honestly expressed should
be always heard.
MR.. sTUBBs.
Mr. Stubs stated that after careful
examination and patiently listening to
the arguments presented by the senators
who had discussed the question he had