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

fertilization does not, and in the nature o
things could not affect the constitutions
power which belongs to this House, an'
which belongs inherently to every legis
latiye body. TO Judge Of the elections, re
turns. and qualifications OF lis own mem
bers.'
Said Mr. Stubs | want no bette
authority than this which the able edito
of the leading paper in the State-th
Richmond Dispa,ch--bas taken th
trouble TO obtain and publish.
XII. BEREY TO CLOSE.
Mr.. Gordon faised the point as 20 WIN
should close the discussion. tie though
that Mr., Berry, the mover of the resoiu
ton. and who first spoke in its behalf
should, as has been the usual custom, b'
extended this courtesy.
AIR Berry said he did not know tina
be would want to close the argument
but lie thought inasmuch as he haC
opezed and had been generally sho
into. he should be allowed this PRIV
lege.
Everybody concurred in this view
and the Chair thought this proper.
NE. HoUsToNs SIDE.
Mr. Houston, the oontestee IN the
case, next took the floor. He wanted Il
understood that he should be the las
speaker except Mr. Berry, but he could
receive no such assurance. He there
fore proceeded and made the following
argument The provision in the Constl
tutionbf the State of Virginia and toe
one in the Constitution of the United
States are quite similar, as will be seen
from a reference to both. Section D OIL
the Constitution of the United states
reads rs follows: "kach house shall
be the judge of the elections, returns,
and qualifications OF its own members.
Section of the Constitution Of the State
OF Virginia reads as follows: " Each
house shall judge of the election, quaIii-
cations, and returns of its members
There is nothing further on the subject
in the Constitution of the United States,
bat IN the Constitution OF the State OF Nlr-
ginia this provision occurs. G.: Section
y. "rhe manner of conducting and
making returns of elections, OF deter
mining contested elections. and OF filling
vacancies in Office in cases not specially
provided for in this Constitution shall be
prescribed by law"
Under the foregoing section, the
statute as printed IN the Code Of 1873
was ensctod, aud being passed under a
constitutional warrant must be constltu-
tional Its provisions are plain and
mandatory so far as any one wishing 10
avail himself Of its provisions are con-
cerned. The passage OF the statute does
not take from tho Senate any OF ITS
authority whatever, but it prescrlbe'
the mode by which cases for its hual
action shall be prepared and brought be-
fore it. The Senate sits as n court OF last
resort, and its decision is absolute and
subject to no review. That is the plain
and undeniable power given it by Sec
ton OF the Constitution. The Senate
retains its absolute power always, a con-
testant forieIts his rights by his own
lashes. and it is not within the power
Of the Senate under the Constitution
and the law to restore to him his lost
rights and privileges.
The senators who advocate the passage
of the resolution are constantly quoting
the practices and the latitude given con-
testants in the United States House of
Representatives, but they do not quote
the precedents set by the Senate and the
House of Delegates of Virginia on this
question. They must remember that
the conditions are quite different We
are governed by the law of Virginia
and should follow the precedents estab-
lished by former sessions In dispOsing of
like cases. The Senators from Highland,
and Washington have cited
numerous cases in which this question is
settled. DO the gentlemen offer any
cases decided in a contrary manner? 1
refer you to the case of Jacob Cohen,
contesting the return OF W. II. Perrin
as a member of the Senate from the
Eighteenth senatorial district Journal
Of the Senate, 1669-'70; also to the case
of DR.. Bryant against C. b. Crumpler,
Senate journal, lS83-'81, and the case
Of Pembroke Pettitt against e. W. HUI
bard, Senate Journal, sessions 1SS3-'3A
But it is argued that there are special
equities in this case that would take it
out of the operation OF the statutes.
This | deny. The votes were canvassed
and the returns made up as provided by
law, and it was as well known who was
elected then as it is to-day. 1t is not
requisite that the last official act shall be
performed before a contestant shall take
action. The frauds, if any, must have
been perpetrated on the day OF the cleo
ton, aud the mere clerical act of Of
licially certifying the result TO the Secre-
tary OF the Commonwealth could throw
no light on the subject, nor could
withhold any. The vote as ascertained
and known on the 10th day of No
vember has been promulgated, and
remains now as 1t was then.
We knew as much then as now.
The time consumed in which the propO-
5ition to refer the matter back to
the people was from IL O'Clock on
-he nignt OF the 10th of November
1ntil the morning OF the 18th day OF No
yember, period OF time during which
the memorialist was wrapped in the
arms of Morpheus. Does any one sup
pose that that brief period OF time III
ured the memorialist or prevented him
rom giving the notice OF contest lie
abandoned tine contest and committed
himself definitely in a letter dated No
yem5er Is, 1887, in which he explicitly
declares that be would not contest Who
las been injured if OF me? relied
lpon his decision not to contest, and the
ABSENCE of a notice of contest was con-
,lusive evidence to me; so | have slept
iince in the security that that the law
las thrown around me.
NJ. Houston was piled with questions
md subjected TO many Interruptions.
put he took it all we'll and proceeded
With his speech, He said if any fraud
lad been committed he had no know
edge of it; that he did not wish the
eat if he had not been elected to it.
MsoUoTED.
Mr.. Houston read the following ex-
ract from the press report of Mr.. Berry's
peech on this subject made on Mon
lay:
Mr.. Berry stated that Mr. Ellis dld not give
,rOper notice that hs would coDtestth seat be-
ause six daysoi the timo he'd elapsed before no
new what were tho returns Tnen until one
lay before the expiration Of the specified time
regulations were being carried on between
lossrs. Kills and Houston looking 70 referring
be matter back % the people. Sir Houston, In bis
nsWeT, acknowledged t1Rt In conversation he
greed 20 send the matter back b. the people,