The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-23
THE WEAYKEK.
COURTS AND IEG,sLArUREs.

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Helena, Dec. ". 1877.
COURTS AND LEGISLATURES.
The republicans Of Nebraska, like the
members OF that party in Montana, have
been attempting to invoke the aid OF the
supreme court Of the state in securing
control of the legislature. The Omaha
Bee, the leading republican newspaper
CT the state, strongly condemns this
action and demands that election CON
tests shall be settled in the legislature.
Tt says:
ssEach of the coordinate branches of
the government is limited within its
scope and has no authority to infringe
upon the domain of either OF the others.
The legislature cannot legally exercise
executive functions or assume judicial
powers except where the constitution
expressly directs it to be done. The
governor has no right to usurp legisla-
tive O. judicial functions and the judi
ciary has no legal right to arrogate to
itself powers and duties delegated by
the constitution to the legislature or
the executive branch of government.
"When the supreme court overreaches
it's powers it's action becomes revolution
airy and therefore subversive to our sys-
tenn Of government. A court usurping
executive or legislative powers becomes
fully as dangerous to civil liberty and a
republican form of government as a re-
sort to lawless force to overthrow the
government.
"By the express mandate of the con-
stitution the legislature is the sole judge
of the election returns and qualification
Of its members and it's decisions cannot
be reviewed or reversed by any tri-
bunal."
The Bee points out that if the court
can be invoked to annul the credentials
Of one man who holds a certificate of
election, it has the right "to annul the
credentials of all other men who hold
certificates of election as members of the
legislature. Tic the supreme court can
seat and unseat a single member of the
legislature it can seat or unseat the
whole legislature. The power once con
coded would make the legislature the
mere creature of the supreme court in
stead Of a peer which it was designed
to be, and must remain so long as
form of government endures."
The Bee rl%ghtfully says that nobody
ever heard of the supreme court of the
United States attempting to determine
tho pirh{ re- n earofnr or rracopf,-o ~
congress to a seat, and if n such pro-
cess should be resorted to, congress
would resent it as a revolutionary en-
~croachfnent upon its prerogative. at
is true" it says, shat in several states,
notably in Montana and Wyoming, su-
preme courts have passed upon creden-
tials of members Of the legislature, but
these decisions have nearly always been
followed by double-headed legislatures
and a reign OF anarchy. There have
been several instances in Nebraska
where n or two changes in the legis-
lature were decisive in senatorial con-
tests, but no court has ever dared to
pass upon a contested election involv-
ing a seat in the Legislature.
sit is for each house alone to deter
mine who is or is not entitled to repre-
sent any district, and no tribunal can
pass in review the title to any seat in
tho legislature, either before or after
the session. If there are any frauds OF
Irregularities the statutes prescribe the
course which contestants shall pursue,
but in no case is the right of the con-
teatant for a seat in the legislature sub
ject TO judicial interference"
II should be remembered that the
Bee is a republican newspaper published
in Nebraska-not Montana, bear il
mind. There is not Il republican news
paper in Montana but what thinks il
perfectly proper to drag politics into the
courts, and the courts into politics. Blu
this article from an able and Influential
republican journal in another state
comes as a solemn warning to those IN
scrupulous partisans here who are ben
on party success at any cost. Here ar,
the pertinent words of reproach witt
which the Bee concludes it's admont-
ton:
THE powers of our supreme cour
have undergone a very severe strair
several times within the past few year
for the sake of partisan success, bu
never before has there been an attemp
to pack the legislature by appealing 70
2 supreme court mandate. For gu
part We do not believe the suprem
court will lend itself TO such q schem,
although certain prominent republican
pretend to know what the court pro
poses to do.
Republicans who want to use til
supreme court as IA partisan machin
Tor the mere temporary gain that cor
troll OF the legislature would give IN til
pending senatorial contest are treadin
on dangerous ground. Their success
would bury the party beyond resurre