Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-10

sembly.
Mcsrs. Stubs, Lovenstein, and
others opposed the resolution. They
admitted that the school laws should be
changed, but there was no reason why
the regular committee intrusted with the
consideration of such subjects should
not meet committee OF county school
superintendent aud make the necessary
revision. This committee, il appointed,
was designed by the author of the reso-
luton only to consider reyisions of the
law and not to consider measures bear
ing on the subject. This division of the
subject would not work well.
The resolution was adopted by the re-
corded vote of ~ to IA.
It is proposed for this committee, if
the House concurs in the proposition, to
meet n committee Of ten appointed by
the State Conference of School Superin-
tendents, who will state what amend
ments or changes in the present system
are desired.
THE ELLIs-HOUsToN CASE.
The hour of l o'clock having arrived,
the contested case of William NJ. Ellis
for the seat occupied by d. +. Houston,
from the Fourth senatorial district,
which had been made the special order
for that time, was taken up. The Com
mittee on Privileges and Elections, TO
which was referred the memorial OF Mr..
Ellis praying to be permitted to contest
the seat, reported that they chad said
subject under consideration, and 1t being
conceded that the notice Of contest re-
CURED by section l of chapter 9 of the
Code OF 1878 was not given within the
time prescribed by said section. and the
committee being equally divided as to
whether it was necessary TO MAINTAIN SAID
contest, that said notice should have been
given or not, the said memorial IS re-
ferred back to the Senate for its action.
When the committee submitted It's re-
port Mr.. Berry offered resolution di-
recting the committee to proceed with
the investigation Of the right OF MIR.
Ellis to the seat.
All of the papers had been printed,
and the question REQUIRED on the adop-
ton of Mr. Berry's resolution.
MR.. BERRY's POSITION.
Mr. Taylor Berry, of Amherst (the
patron of the resolution, arose to speak
on the question and began his argument
by declaring that under the Constitution
the Senate is the sole Judge OF the cleo
ton, qualification, and returns OF ITS
members. The body. he held, has the
night to govern its own actions regard
ing the seating OF members in contested
cases. lie held that the rules prescribed
by the Code for the government Of the
Senate were as null and void as any legls-
lation would be that attempted to de
priye the Executive Of the powers pre-
scribed by the Constitution. The Senate
is given certain powers ike the judi
ciarv. 1t is a government within a
government, aud where no rule IS pre-
scribed the Senate can make rules ac-
cording to the will Of majority Of the
members.
Mr.. Mcdonald Republican, asked If
the rules made by the Senate should not
be in accordance with the fifth section OF
the Constitution.
Mr.. Berry replied: Eyes; and if the
member is not elected properly the same
section gives the Senate the privilege OF
oustine him" He could not conceive of
a case III which the Senate was more en-
titled to prescribe its own rules than III the
ore now beforeit Hedeniedthat the rules
as laid down by the General Assembly
we're directory. not mandatory. The
Senate in his judgment had no more
power to leeislate on the subject OF who
should be a member of the Senate than
it had to stop the Executive III the exer-
else Of his rights. The Senate has abso-
lute and conclusive power over the rules
for In seating of its members, and there
can be no legislation on the subject II
this is not a correct proposition
whv then the General Assembly
has the right to nullify every
rule of the Senate. But | deny,
said he, "that this body is bound by
rules previously made or to be made,
and [ affirm that this body now has the
same right TO make rules for the govern
ment Of its members that it had when
the present rules were made. "
The questions whether in any given
case it was proper to exercise this power
and whether this was proper case Tor
its exercise, were next considered by MIR.
Berry. He maintained that in the
memorial of Mr.. Ellis it was stated that
III votes were illegal, and that the in
cumbent only received a majority OF
eleven votes. This Mr. Berry SAID was
not simply a contest between the two
men their interest is merely incidental.
The constituency of the fourth senatorial
district and the whole State are inter
ested. The incumbent Is here as the
representative OF the minority party,
and the majority party of that county is
not represented. The memorial OF the
contestant alleges that seventy five
sticker ballots were used, ana
whenever "sticker" ballot is
used it. should get the condem-
nation Of all our people. Whether
the ballot was licked or unlocked, it was
fragrant violation of the Jaw. Mr..
Berry maintained that if the memorial
of Mr.. Ellis contains the facts in the
case. then 1t was due to the body polite
to give the seat to the man entitled TO 1t
and unseat the incumbent if he held his
seat illegally. Mr.. Berry stated that
Mr.. Ellis did not give proper notice that
he would contest the seat because SIX
days OF the time had elapsed before be
knew what were the returns. Then I'M
til one day be ore the expiration of the
specified time negotiations we're being
carried on between Messrs. Ellis and
Houston looking to referring the matter
back to the people.
Mr.. Houston in his answer acknow-
lodged that in a conversation ne agreed
to send the matter back to the people,
hut that when it was too late for notice to
be served he declined.
Mr. Berry's speech was the master ef-
fort of the present session.
MR.. JONES SPEAKS.
Mr.. Jones felt constrained, as a men,
Der of the committee, To give his reasons
for having, with another Democratic
senator, taken the course which they had.
He did not propose to discuss the con-
stitudonal aspect of the question, but he
felt that the statutory provision concern
ing the service of notice OF contest was
binding, and it had been so held by for
mer legislatures. He read from the
Code of 1873 to show the mode In which