The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-06

didates OF the party which controlled tho House
ut It's organization, and apparently in pursu-
nnce OF n prearranged programme OF party
der majority 10y which the popular branch OF
tho Federal Legislature Is controlled. In most
testauts are artificial and insignificant upon
their lace. yet they teem to servo well the
purpose for which they were made. and one
after another Of tho minority members is I'M
seated to make room Tor IA memle or of the ma
Jority. To facilitate this political process the
nlOritY went even 30 far rs 10 prevent for tho
space 81 three months the adoption of any
rules Tor the guidance o! the House. lest by
rights usually thne, reserved to the minority
that Justice has been banlshoi from the halls
OF Legislation w4en disputed elections .-Gre
undeg consideration, II Is found In the ouua ly
IN seating the two applicants who according
crndentas as senators ON tho new State Of
Montana Iy No. rule OF GIn''y could so par
Ing shows t. what eN,eut political feeling
has warped the judgment OF oven this digniled
IN Il CUnso waive body.
The remedy for such abuses is believe sub.
stantiAlly that which was tried in Great Brit
am, and which Is said TO have pr we'd exceed
ingly ellcaci"us in ahul-hinr tho evils that
led to its adoption | therefore suggest tho
rassaE of q concurrent resolution submitting
sttintlon Which Will take from each House tic
rover 81 Judging its own elections and confer
the lurisd lction upon the courts. would go
part of the Legislature as is likely to bring tho
subject TO the attention OF CONGRESS. with u
view to securiuE ultimately similar amend
ment TO tho ederal Cons itution.
| need not describe tho details Of such pro-
posed change; nder such modified system
offices would lie placed upun the same plano
with contests for other offices. which mrs now
taken into tho courts by the familiar process
of quo warranto and arc decided. as n rule.
upon thor merits. 7 here Is nothing rrvoU-
tionary or complicated about such transfer.
a On n ~ la ntsa
of HIS election from tho cnnvassing officers
should be lermiited TO occupy his seat until he
tent court This would compel contests
to be decided uIop their merits. md
tcmp,ation to DO Injustice. 1t would render
certificate of election Of some value. and pro-
tect sitting member from hHsty and partisan
action. A statute should follow such a consti-
tutional amendment, regulating the proceed
ure In such cases. and providing for speedy
md somewhat summary disposition thereof.
and the latter can safely be trusted to exercise
properly the power with it is proposed 10 con
to discourage contests. while tho system now
in vogue directly encourages them. hotwith-
ia tho State. contests for which are under the
jurisdiction OF the courts, there il not, |
am informed. single quo warranto pro-
cecding OF any consequence at present pend
inR-a significant commentary upon the poru
lar respect which our judiciary system com
OF determining leeis alive contests. ana in my
opinion the same good results will follow.
while at the same time our Leg islatures will bs
relieved Of tho reproach or becoming merely
partisan tribunals.
In directing your attention to this, subject l
SION to recommend this transfer OF iursdr-
ton, fee ing confident that our legislatures
and earnestly trusting that our 70 own STATE may
take the lead in bringing about such II whole
DAVID B. Hill.
tha rnaSsapa hod Iaan raaJ in ba Sap.