The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1888-01-26
Houstos1-Ellis Case.

| The action of the Senate in ordering an
investigation into the election of Col. u.
H. Houston from the Roanoke district,
under the circumstances existing, was ex-
traordinary, to say the least Of it. Col.
Houston is the sitting member and Re-
publican. The certificate of election was
duly and legally given him. There had
| been some talk of contest, Immediately
after the board of canvassers had an
nounced the result, but it was publicly an
| nounced that all such purpose had been
| abandoned. There was no notification as
required by the statute, given of a con-
| test, and Houston was sworn in as Sena-
| tor. After this contest was instituted,
| and the question came up whether the
Senate could entertain such proposition
| in the face of the fact that notification had
| not been given ten days after the election,
as the law requires. The point was ar
gued very ably on both sides, but nothing
| was advanced to impair or weaken the
! statutory command, that ten days. notice
had to be given. Several Democratic
members defended the plain meaning of the
law, and deprecated the precedent that a
departure from it, or q disregard of its
provision, wonld establish. Senator Jones.
of the Highland district, ably argued
against an investigation, on the ground
that it would be in violation of 1.-THE stat
ute, and Senators Rhea and Williams took
the same side of the case. The vote on
the question Of investigation was tie
II to II. Mr.. Massey, the Lieut.. Govern
or, was absent. In this emergency, he was
telegraphed to ret urn to Richmond. He
did so, and on a second test, voted with a
majority of his party for investigation,
and it was ordered.
The ADLER and more conservative of the
Dem ocratic papers of the State condemn
very plainly and severely the action of the
Senate, as unprecedented and unwarranted
in lava fact that cannot be disputed,
with reason or respect for the statute.
But Col. Houston is Republican; would
be holdover Senator. and in the case of
a close contest in the election of the next
Legislature, his vote might determine the
party control of the Senate. 1t is this
reason, and this alone, that has influenced
a majority of the Democratic Senators to
override the law and institute an investi
CATION that could result in nothing else
than in demanding the case back to the
people. They could not seat Mr. Ellis,
his opponent in the election, for he can
put up no claim as a contestant The law
rules him out. And if the Committee
should declare the seat vacant, Houston
would be returned by such a majority, as
would constitute rebuke to insane parti-
zanism that would be remembered.
Col. Houston does not fear an inyestiga
ton. He says, and rightly, that he does
not want the seat if he was not fairly
elected: but he does not approve, nor
could any fair-minded man, of the illegal
proceedings of the Senate to deprive him
of it,
We think it quite likely the whole usur-
patton will prove q boomerang, and that
the Denecratswill find that they have made
an egregious blunder.
Senator Jones and the other Democrats
who voted with him, deserve the thanks
OF the people of the State for their sup
port of the law and the dignity of the
Commonwealth, in disregard of party
pressure.