The Globe-republican., 1893-03-03

tioa Of the proceedings Of . legislativ,
body TO inquire and determine wha
body 10 the Legislature. But that dut,
does devolvs upon the executive. w,
have also another body, the stat,
Senate. also deriving its power,
from the limitations Of the conssi
tuition, also deriving = it, power,
and authority from the people who hav,
selected the members. Upon that Son
ate the duty rests just a. carefully Q.
any duty that can rest upon this court
In the discharge Of the duties devolvina
upon them, the senators are just % gu.
prems. their rights rise just - high and
no higher than the rights Of the mem.
bers Of this court. That Senate in the
discharge OF it, duties must communi.
cate with the executive department. OF
this government; it must COM
munloats with it, concurrent
branch Of tho law-makin9 department
OF this government and where there are
two contending bodies, each claiming to
b tho House Of Representatives of this
state. In the very nature Of things the
Senate must hear and determine the
question - to which Of these bodies il
the House Of Representatives.
Il seems 10 me that when We adopt
no rule that the returning board, the
tate board Of oanvassers, BY the record
that 1t makes in the Office Of the votes
sast, BY the certificates that it issues,
nay determine absolutely the question
- 70 who shall constitute the House
II Representatives Of this state.
hat We adopt q far more dangerous
.ule than the rule that is codfsnded for
~ the other side, that the House of
Representatives which shall be recoe-
aized BY the executive. which shall Be
recognized BY the Senate shall be the
House, rather than that which has been
,rested BY the state returning board. If
| may use the expression.
"Now, We are called on in q collateral
proceeding to overturn the action Of the
executive; to overturn tho action Of the
Senate, to oveTturn legislative body Of
this state which has continued from the
10th day OF January down to this time,
and merely on q view entertained
by the members of this
court as to the force and effect
Of certain certificates as evidence of the
right OF members Of that body to partic-
Ipste in its proceedings. We are asked
to overtufn the result of all the delibsr-
atoms OK the Senate OF this state; all the
deliberations Of the executive Of this
state with reference to the legis-
lasion which has been passed.
Ought this court rightly to do
so? Ought this court to do 90
on . brief and hssty consideration
OF case OF this Sort IN . collateral
proceeding wherc neither Of these con-
tending bodies has right to be heard?
Something was said BY tho Chief JUS
tics with reference to tho effect Of the
decision made by Judge Hszsn Of tho
district court OF this county in detsrmin-
ing this question. The scope and effect of
that decision is simply to restrain the
treasurer of this state from paying out
any money under the appropriation un-
til such time as that case can BE- fully
tried and determined on it, merits.
That is the whole scope and effect of
the decision and while that order is
binding until it Ia set aside,
while there is no question az to
its binding effect upon the treasurer OF
this state, as a decision Of the question
as to which of these bodies ia the loyal
House OF Representatives., / most re-
spectfully say that l do not regard It a.
D final decision At all upon that ques-
lion, OF having the force and effect Of q
judicial determination Of that question.
It must DO evident to anyone
Who considers the question for
moment that it will be impractical for
these two bodies, the Douglass House
md the Senate, to come together
IN such relations with each other as
IA perform the functions Of the
signature during this ssssion-during
he brief periop that now remains. It
'eems to me that the force and effect OF
his decision must necessarily be that
his state il without legislation this win
er and that such conclusion 10 rsacns,.
~ . collateral decision in this
.ase. Did the constitution, did
he trainers Of the constitution.
lid the people Of this state who adopted
contemplate that after the legislature
lad been in session nearly it, entire
INIT, after the governor Of the state,
nd all OF the executive departments OF
be state, after even the official
tate paper, not allied In political
ointment with either the executive or
he majority Of the Senate or Of the
louise, publishing a. laws the enact
tents Of those bodies, that after all
hese thingsshave occurred, did tho franz
70 OF this constitution intend that this
ourt might then step in and brush it !
away as q mere phantasm, az mere |
Utility in q collateral proceeding?
1t seems to me clearly not. The ques-
on here presented is not SO much a
uestion whether the Dunsmore House
as IN fact the House Of Representa-
YES, as it Is a question whether the
douglass House was in fact the House
Representatives.
How can it be SAID that q body OF |
len whom the governor OF this state re-
Uses to recognize a. tho House Of Rep
whom the Senate refuses
recognize. whom all the executive de-
artments Of tho state refuse to recos-
lie, can be de facto House of Repre-
sntstives? How can it be said that any
nicer who undertakes to discharge the
uties OF an Office, who il not re-
ardsd as such officer by any de-
arimsnt OF the government with
hich il seeks to do business
h. cannot aRaetuoJlv ss,vv ou& oov |