Telegram-herald., 1891-04-01

Is.TnIs NOT TEUEs
Tue Senate snd House each have
constitutional Authority 10 judge OF the
qualifications, elections aad returns Of
- msIabers. and may, with the con
eurrence or two-tnlrds or ali the mem
bsfs elected, sxpei a member. Vita
this eonseaIent provision n view the
Democrat boldly asserts that no ques-
tons vii come before the sapFeme
Court or Judge Chsmplin. regarding
the stability and constitutlonahLy OF
laws passed by the present senate.
For every sensible man knows that
THIS question can never, by
any slightes. possibility. come before
Justice Cnamplln fer judicial deter
mlnaton since the sole power for ae-
ton OF any sort III this case hes IN the
Senate" Preceding this startling dec
laratlon, the Democrat indalges IN
metaphor showing thatthey who believe
70 the contrary are deyourlng rebellIous
food and groyeling IN political filth.
10 IS true that If the Senate had pro-
ceeded regularly 10 determine the
qualification, election and return OF
frdlender and Morrow, then the con-
stltutlonal provision would have served
as an unyIelding barrier against judi
cial inquiry. But the unseAtlng of
Senators Horton and Morse was an ex-
pulsion IN all the term implies. and the
seating OF Frldlender and Morrow was
a high-handed. lawiess and outrageous
ursurpatlon OF Authority on the part of
partisan minority. Have the neople
no redress through the courts for such
violence. IL fourteen men can unseat
two men without observing time-hon-
ored precedent and common honesty,
and seat two others whose only color of
claim To the selection was the fact that
they were defeated by the votes of the
people, what is TO prevent Q bare par
tlsan quorum Of the Senate from meet
ing IN secret session and expelling all
the other members and seat the
defeated candidates, Would there
DO no way TO right such wrong?
Would the laws passed by such body
stand unassailable! The Democrat says
that every sensible man would say yes.
Such a condition exists in the present
Senate. The Democrats had as good
right to unseat every one of the absent
Senators and swear in their successors
as they had 20 unseat Horton and
Moore AID seat Fridlender and Nor
row. The work, shorn of all apology
aud extenuat,on. is best characterized
ey the significant word-robbery. No
bull shall become law without the
concurrence of majority Of all the
members elected 10 each house. Each
house is empowered to judge of such
election. Each house is not empow-
cred to steal. Therefore the question
as TO whether the Democrats delib-
era.ely stole the two Senatorial seats is
a proper question for inquiry in the
courts. And any lawpassed by alma
jority in which the votes of the two
bogus Senators constitute the neces-
| sary number to make such majority,
may become subject to the constitu-
tional objection that majority of all
the members elected did not concur.
From the editorial of the Democrat it
becomes apparent that the party is des-
perately anxious to re-elect Judge
Champlin, that he may preserve the
Democratic majority in the Supreme
Court and legalize, if called upon to do
so, the Senatorial larceny. The people,
however, prefer an unbiased jurist to a
partisan judge, and will elect Judge
Montgomery so that the prophetic
words of the Democrat will prove true.
viz: This question to which reference
is made can never. by any slightest pos
sbilty. come before Justice Champlin
| for judicial determination