New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-05-06
HILL ON ELECTION CONTESTS
PANIED AT THE PREVALENCE OF PARTISAN
SHIP.
THE GOVERNOR VIEWS WITH ALARM THE DAN
GER TO OUR INSTITUTIONS AND
rpY TELEGRAPH TO THE TRIBUNE

rBY TELEGRAPH THE TkIBCSEI
Albany. May Ex-Governor Hlil sent MESSAGE "
both houses OF the Legislature tonight recommending
That an amendment 10 the Constitution he maze IT,
ferring to the courts all contested election cases III
Guiding legislative election cases. My attention
was called 70 this subject said the Governor 10 lie
Tribune correspondent when l was at work upon
he Corrnpt Practices Act. then examined the Eng
ish statutes and discovered that Parliament sur
rendered its right judge of the qualifications oi
Is own members at the same time That 1t paSsen
that act Below is an extract from the Governor
message:
Recon, arbitrary Of patsan naoftcs both in Con-
rr4 and in various state Legislatures have induced me
to suggest to your honorable body whether radical change
+, not Advisable constitutional methods oil deeilh
Ing contested elections.
In a country where there arc many elective offices
H. j. not suiris!ne tina: should b. disputes over
the question Office and the story Of the adJuciea'
ton OF the claims candidates fclmS no unngoani
feature Jurisprudence and our political history Tho
interesting presented however that IN one century
and more OF political c. have butt up two radically
differing systems determining contested eoctohs-ohe
aprlyns 10 contest, for ali executive administrative and
judicial caccs and the other applying only 70 legislative
Offices. For the determination OF the former we depend
upon the machinery 0: courts properly should
deter imitation Of the latter We nave invested our
legislative judicial power that provision Of
cur which makes each house the Judge Of the
returns, qualification, and elections Of its own mcrb'f
This assignment to tn Legislature Of certain purely juac'I
have been accepted without quc-" from
English pectGo at the time Of Tic framing OF our Federal
and State situations, but often has the legislative
power thus corcled abused and seems tho
tcIdcncv with years 70 abuse IL, ha the ques
ton submitted well worth considering whether grave
dangers do not threaten US in IT, retention
The Governor reviews the history Of tie exercise
of this power in the House of Commons. Of its voun
tary surrender Of this power and then he says:
We appear 70 10 tendng In the direction in which
England tn>ng when scandals forced the House o.
Commons to surrender privilege Of three centuries
Confessed elections apparently dect/I by miehtno
by right There popular confidence in the judgments
tribunals which determine them Legislative bodies,
in their judicial capacity. are law unto themselves
they governed by established rules Of evidence
Influenced mainly by partisan considerations and are con
tced largely by result u party conference
Their collection testimony through committees Is often
virtually ox paro nature, discussion is vioety
partisan the decisions not renewable by any
hieher tribunal. Under these conditions which prevail
generally not exaggerated, justice is impossible
Reliable authority estimates that fourAtths Of all the
tested elections Congress decided in favor OF the
dominant party. Minority representatives with honest
claims title Of Office oused upon fimsy pre-
order increase the power Of the majority NO
vivid illustration Of the abuse Of great privilege
and responsibility IS needed than the spectacle which has
presented Washington since the assembling Of the
List Congress The certificates Of seventeen members Of
the House Of Representatives contested. near.
y all Instances by candidates Of the party which
trolled House organization, and apparently
in pursuance OF preairanged programme Of party
leaders for the purpose Of increasing the
slender majority by which the popular branch Of the
Federal Legislature is controlled In
the claims Of the contestants artificial and nsgnih.
cant upon their face. yet they well the
purpose which they made and another
OF the minority members unseated make room for
member Of majority To facilitate this political
process majority went far prevent for
the space OF three months the adoption Of any rules
the guidance the House. lest by rights usually thus
reserved the minority the majority should be checked
In its effort power II further illustration IS needed
that justice banished from the halls Of legs.
ton when disputed elections under consideration. It
Is equally arbitrary conduct Of the United
States Senate seating the two applicants, VINO accord.
Ing 10 all fair precedent did not hold proper credentials
a. from the State OF Montana BY rule
OF equity could partisan decision be arrived and
IL, rendering shows what extent political feeling has
warped the judgment OF even this dignihed and con-
sentative body
The remedy for such abuses IS believe, substantially
that which was Britain and which &, said
TO have proved exceedingly eicacous In aboshinc the
evils that led its adoption. therefore suggest tho
massage OF resolution submitting TO the people
an amendment State Consultation which will
,ake from each House the power judging ~ own
elections and confer the jurisdiction upon the courts
I would 90 further, and recommend such action on
the part Legislature Is likely 10 bring the sub
iect the attention OF Congress with NcS 20 securing
ultimately similar amendment 10 the Federal Constus
ton.
As soon Is the message had been read in the senate
Mr. Jacobs who has been selected two three times
lately by the Governor his mouthpiece in the
senate offered tho following resolution:
Resolved on the Assembly concur that Section 10 Of
Article III OF the Constitution amended read
follows: majority OF each house shall constitute a
quorum 10 do business Each house shall determine tho
rules proceedings. shall choose its own officers.
shall is temporary president when
the shall not attend president or
shall act Governor. Each member OF the Legislature
who receives certificate his election IRON the proper
canvassng officer board shall be- entitled 70 retain his
until his election shall bc adludge1 invalid by the
judgment Of competent court unles, he Is sooner ca
PEELED for GOOD The Legislature shall provide bY
statute for tic speedy judicial determination Of election
contests for in The Legislature and for Otherwise
ring the section into effect"
Resolved (r the Assembly concur. That the foregoing