The state herald., 1891-01-30
A DECISION OF INTEREST.
The State Supreme Court Says a
Speaker May be Deposed.

Speaker May be Deposed.
On the 18th Governor Routt pre-
pared letter to tho Supreme Court de-
falling tho circumstances connected with
the crisis In the House Of Representatives
and closing with tho following questions:
First-Uunder tho constitution and laws
OF this State can o Speaker OF tho House
Of Representatives, duly elected, qualified
and acting as such, DO removed from office
in the manner aforesaid
Second-Who is Speaker OF said House,
Arguments on the question Of tho courts
Jurisdiction, and also on the points ut
issue, were made by distinguished attor-
neys on both sides on Monday, tho 10th,
and late Friday afternoon the decision
was handed to Governor Routt. The
opinion Is long ono, but its substance in
brief 10 thata Speaker may DO deposed.
They decline to answer tho second ques-
ton as to who is actually tho Speaker.
Justice Elliott rendered tho opinion, in
the course Of which ho says:
"Ono ground upon which this claim is
based Is that the Speaker is State ofllcer
and can be removed from ofice only by
impeachment. 1t is claimed that tho
Speaker 10 u State officer because he is
charged with the duty of receiving, OPEN
ing and publishing the election returns for
State officers in the presence OF both
Houses OF tho General Assembly. These
provisions In our Judgment fall far short
OF establishing tho proposition that u
member OF the House Of Representatives
by virtue OF his election to the oifice OF
Speaker becomes n State ofllcor, or that
he Is thereby exempted from tho power,
discipline and control Of tho House as a
member ind officer thereof. 1t is true tho
Speaker Of the House may In certain
contingency be required to discharge GER
tain duties In connection with tho admin
istration Of tho State government, but he
must at all times SO long as he is Speaker
be member Of the House OF Representa-
tives. The House has no authority 10
elect a person not n member to the speaker
ship. member by virtue OF his election
as Speaker does not lose his character or
must retain his status rs member in
order to hold the ofllcc of Speaker. His
rights and privileges as a member are in
no way impaired by his election to the
speakership, nor are his emoluments
increased thereby. His speakership is
dependent upon his membership.
"There seems to be no substantial rea-
son for concluding that tho duty OF receiv-
Ing, opening and publishing the election
returns for officers of the executive de-
partment before both houses Of the Gen
eral Assembly was dcvolvcd upon tho
Speaker on the ground that lie was State
officer; nor do we see how the devolving
Of such duty upon the Speaker in uny way
tends to make him State officer any more
than II makes State officers OF all the
members OF the General Assembly who
are required TO participate in tho canvass
of such returns. The duties of governor
cannot be dcvolved upon tho Speaker Of
the House OF Representatives except in
the contingency that the governor, the
lieutenant governor and the president OF
the Senate are incapacitatcd from dis
charging the same. There Is little iorcs
in the argument that tho Speaker becomes
u State officer in advance OF the happen
ing Of such remote contingency"
Justice Elliott calls attention TO tho
decision long ngo made that United States
Senator cannot be impeached, but may, us
is the case with States, DO expelled by tho
body 70 which he belongs.
''The constitution OF Colorado also pro-
vides that, Each house shall Judge of tho
qualifications of Its own members article
0, section 10; but section ~ OF tho same
article further provides, Each house shall
have power to determine the rules OF its
proceedings, aud punish Its members. or
other persons. for contempt or disorderly
behavior la its presence; to force obedi-
encc To Its process; to protect its members
against violence, or Offers Of brides o.
private solicitations, and, with the concur.
renee OF two. thirds, To expcl member,
but not second time for the same cause,
and shall have all other powers necessary
fort tho legislature OF u free State.
"Since the House Of Representative is
thus invested for Its own protection with
Inherent power In the matter OF llscipiin
Ing It's members 1t may deprive a
member OF his oflicc MS rcpresentative-an
oiice TO which he has been chosen by tho
electors OF his district for u spccifod term,
and thus deprive him OF his emoluments, a
forfiori, may the House remove the
Speaker from an oficc gwen TO him by
tho House itsclf-not for any definite
term-and TO which no emoluments are
attached; nm office, too, rs we have seen,
which he Is TO hold, and the duties Of
which hc Ii TO exercise at the will aud
pleasure OF the House, according TO i'm
memorial lsagoi II Is easy to conceive
how the power to remove the Speaker by
tho majority OF the House may become
necessary In order that legislation may be
proceeded with In accordance with the
will OF such majority.
Upon investigation md reflection we nrc
satisfied that, u n purely legal PROPOSE
tlon, tho House OF Representatives has
tho power by tho vote OF "a majority OF
the whole number OF members elected 10
remove Its Speaker from olicc Ia the
manner stated In the executive communi-
cation submitted. Amy other conclusion
would In our opinion DO antagonistic 10
tho fundamental principle OF representa-.
tive government, that the majority OF cnch
legislative body has the power 10 control
the action OF such body within tho limit.
OF It's Jurisdiction, except ns otherwise
provided by positive law, and that such
majority must assume md bear the re-
sponnibiilty for tho exercise Of such pow
ers."
O'Rrien Qoean't Like Personalities.