The Lamar register., 1891-01-31
DECISION OF INTEREST.
The State supreme Court Says a
Speaker May be Deposed.

| failing the circumstances connected with
the crisis in the House of Representatives.
and closing with the following questions:
First-uundcr tho constitution and laws
OF this State ran q Speaker OF the House
OF Representatives, duly elected qualified
and acting us such, be removed from ofilee
in the manner aforesaidf
Secoud-Who is Speaker of said Housed
\ Arguments on the question OF the courts
| Jurisdiction, and also on the points at
| issue, were made by distinguished attor-
\ neys on both sides On Monday, the 18th,
and late Friday afternoon the decision
was handed TO Governor Routt. The
opinion is a long one, but its substance in
brief is thata Speaker may be deposed-
| They decline to answer the second Ques-
ton as to who is actually the Sneaker.
Justice Elliott rendered the opinion, in
the course of which he says;
"One ground upon which this claim is
| based is that the Speaker is State officer
and can be removed from office only by
impeachment. 1t is claimed that the
| Speaker is State oficer 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 the General Assembly. These
provisions in our Judgment fall far short
of establishing the proposition that a
member Of the House OF Representatives
by virtue OF his election to the Office of
Speaker becomes State onicsr, or that
he is thereby eEI;,5ieea eea from the power,
discipline and Il th.soi of the House as a
| member and dfaiecer thereof 1t is true the
Speaker of AG House may in certain
contingency be required to discharge GER
tain duties in connection with the admin
istration of the 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 TO
elect person not member to the speaker
| ship. A member by virtue of his election
as Speaker does not lose his character or
status as member. On the contrary, he
must retain his status as a member in
order to hold the Office OF Speaker His
| rights and privileges as member are in
| speakership, nor are his emoluments
increased thereby. His speakership is
| dependent upon his membership.
"There seems to be no substantial rea-
son for concluding thai the duty of receiv-
ing, opening and publishing the election
returns fer officers of the executive de-
partment before both houses of the Cen
eral Assembly was devolved upon the
Speaker On the ground that lie was State
officer; nor do we see how the devolving
Of such duty upon the Speaker in any way
| tends TO maze him State ofieer any more
than it makes State officers of ali the
members OF the General Assembly who
are required to participate in the canvass
of such returns. The duties of governor
cannot be devolved upon the Speaker of
the House OF Representatives except in
| the contingency that the governor, tks
lieutenant governor and the president of
the Senate are incapacitated from dis
charging the same There is little force
in the argument that the Speaker becomes
| n State officer in advance of the happen
| ing of such remote contingency
, Justice Elliott calls attention to the
decision long ago made that United States
Senator cannot be impeached, but may, as
is the case with States, be expelled by the
body to which he belongs.
THE constitution or Colorado also pro-
sides that, Each house shall judge OF the
| qualifications OF its own members article
| ), section 10; but section Il OF the same
article further provides, Each house shall
have power to determine the rules of its
proceedings, and punish its members. or
other persons, for contempt or disorderly
behavior in its presence; to force obedi-
enee to its process; to protect its members
against violence, or offers of bribes OF
private solicitations, and, with the concur
renee OF two-thirds, to expel member,
but not second time for tdc same cause,
and shall have all other powers necessary
for the legislature OF free State
.Since the House of Representative is
thus invested for its own protection with
inherent power in the matter of disciplin
ing its members-since it may deprive a
member OF his onice as representHive-an
ofice TO which he has been chosen by the
electors OF his district for a 5 lSciiied term,
and thus deprive him Of his emoluments, a
fortiori, may the House remove the
Speaker from an office gwen to him by
the House itself-not for any definite
term-and to which no emoluments are
attached; an ofice, too, as we have seen,
which he is to hold, and the duties OF
which he is 10 exercise at the will and
| pleasure OF the House, according to i'm
memorial usagei 1t is easy to conceive
how the power to remove the Speaker by
| the 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 and reflection we are
| satisfied that, as purely legal PROPOSE
tion, the House Of Representatives. has
the power by the vote of "A majority Of
the whole number OF members elected 10
remove its Speaker from Office in the
manner stated in the executive communi-
cation submitted. Any other conclusion
would in our opinion be antagonistic to
| the fundamental principle of representa-
| tive government, that the majority of each
| legislative body has the power to control
the action OF such body within the limits
| of its jurisdiction, except as otherwise
| provided by positive law, and that such
| majority must assume and bear the re
sponsibility for the exercise of such pow
| ers.n
O'Brien Doesn't Like Personalities
William O'Brien telegraphs from