Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-03-07
How ItIsto Be Done.


Several methods Of securing the iudg-
mont of the Supreme Court OF the oni'ed
States upon Speaker REDS unjust rulings
have been suggested by different persons
but none Of the suggestions which we nave
teen seem 10 us TO be practicable. Dir.
PrvpIEroN. Of West Virginia, the gentle
man who was unseated last week by the
Qouse of Representatives, or rather by
minority of members claiming TO be the
House Of Representatives, is reported as
having said that there are two ways IN
which the question Of the constitutional
Ity of manufacturing quorum by Speaker
RErp's patent process may be brought be-
fore the Supreme Court. One way, SAYS
Mir. PKNDLEToS. is by applying for
writ of quo parrdnto commanding
the Speaker 10 show 10y what authority he
preyents Mr. PKHDLRTON from exercising
the privileges of n member Of the House
of Representatives. Ora suit for his salary.
he says. might be entered in the Court OF
Claims. and taken up on appeal II neces-
Rary. In either case says Mr.. PENDLKIoS'
tho question for settlement would be
whether the Speaker has a right in the alb
sence Of O quorum to declare member
upseated. 1t has also been suggested that
the Democrats will let the matter rest
until Mr.. ATKINSON, who was seated IN MI.
PESpIYTON's place, votes on some Dill
which by his vote Is passed, whereupon the
point will be made that law so passed ls
no law. A prominent LAWYER in Richmond
fays that My. PESDLEroN might sue out
writ OF mandamus. commanding the proper
officer to issue to Mr.. PENDLEToN certlh-
cate for his pay as member.
1t may be argued in favor of any one OF
these suggestions that the Constitution OF
The United States does not provide that
the Executive, Legislative, and Judicial
departments Of the Government shall be
peparate from and Independent of one
another. There is such provision III
the Constitutions of some of the States
possibly IN the Constitutions Of oil the
States.
Suppose the Supreme Court should sum-
mon Speaker REED TO appear before that
court and show cause why he should not
be punished for refusing to obey a man
tiamus issued by it, andhe should treat the
summons with contemplated is, pay no
attention TO it: How could that court OF
last resort punish the contumacious
Speaker? He would stand upon his rights,
the Constitution of the United States ex-
pressly providing that all congressman
"shell in all cases except treason, felony,
and breach Of the peace, be privileged
from arrest during their attendance at the
session of their respective houses and ID
. going to and returning from the same"
No judicial or curial writ runs in the halls
of Congress or the streets which congress
men tread in Washington when on duty
there as congressman.
Or let Us suppose that the Supreme Court
shall undertake to decide whether Mr.. Pm
pLKroy was unseated by q constitutional
quorum Of the House OF Representatives?
Here both q question of fact and O question
of law would be involved. The question OF
fact would be az TO whether there was q
quorum present and voting when Mr.. Pm
pIRTos was unseated. The Journal of the
House would show that the unseating was
done by a constitutional House of Repre-
sentetives; and the Journal of the House,
like therecords of a court imports absolute
verify, We take it. Its entries cannot be
called in question.
But let us suppose that the Court be
asked to decide that Mr.. ATKINSON was I'M
constjtutionally seated, and that Mr.. Pm
pLgroS is still member of the House of
Representatives The court has no power
70 render such decision as that. The
Federal Constitution in terms makes each
house the judge Of the elections, returns.
and qualifications of its own members.
Consequently the Supreme Court will
never directly decide as between PENDLE-
uoS and ATKINSON.
To come down TO the question at tho
bottom of all this controversy, Would the
Supreme Court assume jurisdiction of the
question Of what constitutes constitu-
tional quorum of the House of Representa-
tives? II so, it could decide the same ques-
ton for the United States Senate. Such a
power that court is not at all likely TO as
sumo. 1t has sat and seen without protest
West Virginia unconsttutionally erected
into State; and the thirteenth, fourteenth
and fifteenth amendments made parts of
the Federal Constitution III violation of
shat instrument itself Why this bind
nessY Tho answer IS that the court holds
that the decision of Congress was final in
the case Of the admission of West Virginia
into the Union; and in the cases of the
amendments holds that the legislative and
executive departments decided those cases
finally.