The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-25
Peers in the House of Commons.

just before tho close Of the last session OF
Parliament Lord DE MAuLEY moved in the
upper House tina. any Peer desiring to stand
for the House OF Commons should be ex-
cused from attendance in the House Of
Lords. IhcreuEon the Prime Minister, who
is fond OF snubbng the weaker members OF
his order. limited that the upper chamber
would experience no loss II Lord DE MAULEY
could find n constituency willing to elect
him to tho House OF Commons. But al
though Lord SALISBURY refused to treat the
proposal seriously. it has excited good deal
OF discussion in the London press Is it
quite certain that even now Peer is pro-
hibited by law from sitting 10 the House OF
Commons Admitting such to be the law at
present. may we not say that repeal OF it
would benefit the community?
There is no doubt that any OF the Irish
Peers, except those chosen to represent
their order in the upper House. is eligible
for scat in the Commons. Viscount
CAsTLEREAGH and Viscount PALMEEsToN are
memorable examples OF this privilege. 1t is
equally undsputed that Scotch Peers are
dcbarred by statute from taking n seat In
the House OF Commons. Tho question.
therefore. is narrowed to Peers OF England
OF Great Britain. or OF the United Kingdom.
There Is certainly n widespread impression
that they are ineligible for the lower House.
and many of the London newspapers speak
OF their legal incapacity as n notorious. I'M
challengeable fact. Thus tho Daily Ners.
borrowing n favorite phrase OF Lord MAcAU-
LAY, In 'ormS us that most schoolboys are
aware that Peers arc incapable Of sitting in
the House Of Commons, aud that any votos
given to them would he thrown away. Only
MI act OF Parliament could remove this dis
ability" Unluckiiy. observation shows that
school books need continue! revision, and
that, as a matter OF fact, schoolboys are
:aught some things that are not 80. The
Spectator points out that the question cam
not be SO g!5ly answered. but that. ON tho
con rnry the disability OF English Peers Is
dispItablc. There is no statute and no decis-
son OF tho courts TO prevent II Lord from
sitting In the House OF Commons or to pre-
vent him from boinc elcctci. A Peers
claim could at any tirle ba tested. II no
would evince tho same pcrsistcncy by
which Mr.. BIADLACGH won for secu-
lRrists q right to scat In tho
lower House. The Spectator admits it,
however. to be possible that II tho case were
tried. tho courts might declare that it was
established by imlnemorial use ami SO had
become part Of tia common law. that M
Peer who had received summons to sit In
Parliament coul! cit except in tho House Of
Lords. Recourse, however, might bY mado
to another expcdicnt.
There 70 NJ reason why members of
Parliament. who succeed to prerages,
should forthwith vacate their seats. or
m hor pNt
their customary summons to sit In
Parliament should not be elected to the
Commons. The sole important enactment
OH tile subject, that Of "a GEORGE ILL.,. does
not. as Il has b"nn supposed. forbid Peers to
DIT In the lower House. Tho net simply deals
with vacancies arising In recess. owing
to member dying Or becoming Peer, and
provides that under such circumstances tho
Speaker shall Issue writ us soon as no
receives notice OF the death OF such momber
In the first case, and In the second case no.
tice Of the fact that writ OF summons has
been issued to call such Peer to Parliament.
That this enactment has boon literally con-
strued Is proved by tho fact that Lord ED
D,ssUHY sat IN tho Commons until May 10,
;s4s. although bic creation lad appeared In
the Gaseie on May 8. 1t seems to follow
that 1t Is tho receipt OF the writ OF summons
alone which vacates tho seat and not the
accession to tho peeragc.
Such being the case, what Is to pre-
wont recr's eldest son. who IL NOM
Der NJ tho House of Commons. continu-
Ing to sit after his father dicsl The
reception II the writ OF summons by the
heir does not follow naturally on tho death
OF Peer. The heir must personally apply
for 1t. II no docs not choose to do this. he
viii get no writ The Spectator expresses
hope that the next member OF Parliament