The advocate and Topeka tribune., 1893-01-18

house with majority to suit their own purposes;
thus Strangllng and OYerthroWing the popular
wiz as honestly expressed by the ballot. The
doctrine OF that act gives the executive depart
ment the power to rob the people Of the legislA-
lature they have chOlen, and force upon them
one to serve ltg own purpose. 1t polsOnS the
very fountain Of legislation, and tends to corrupt
the legislative department. 1t strikes death
blow at the heart of popular government, and
renders itS foundation and great bulWark-the
will Of the people as expressed by the ballot
farce. Each house has the same power and Is
charged with the same duty 10 declare the cleo
ton Of its own members and organize itself In
any legitimate way, as before the passage of
that HCt.--(7O Maine pages $50, 5S7)
In that state persons returned as
elected to either branch of the legis-
lature, were notified by an instrument
called a summons, which also COM
manded their appearance at the be-
ginning of the Legislative session; and
the supreme court, further declaring
the law of the question, said:
Holders of summons which are void for the
reason that the governor and council have failed
to correctly perform the constitutional obligation
resting upon them, haze no right to take part IN
the organization, or any subsequent proceedings
Of the house to which they are wrongly certif-
Gated. They are not In fact members. But the
members rlghtfully elected are entitled TO appear
and act In the organization Of the house to which
they belong, unless the house and senate, In
judging Of the election and qualification Of men,
berS, shah determine TO the contrary.
A member without summons, who appears to
claim his seat, Is pTima fGCie entitled to equal
consideration witch memOer who has a sum-
mona issued him in violation of law. He is not
to be deprived Of the position belonging to him
on account OF the derelicatiOn Of those whose
duty 1t was to have given him the usual sum-
mons. The absence Of that evidence may be sup
piled by other evidence Of membership. The
house and senate have the same right TO consider
and determine whether, In the first instance,
such persons appear to have been elected, as
they have Of any and all the persons who appear
for the purpose of comprising their respective
bodies. 10 Maine, 5S5.
This is the only legal decision 1pon
the point in question in all the books.
The same point, however, has been at
least twice decided in congress. At
the opening of the Twenty sixth con-
greSs the seats of five members from
New Jersey were contested. They
held the certificates. Their contest
ants, however, claimed to have been
elected; and, after long delay and
thorough discussion, it was ruled that
until the question as to who was
rightfully elected could be deter
mined, both the certlfcated and con-
testing members should stand aside,
and allow a decision by those whose
seats were not in dispute. Upon in
veStigation it was fosnd that the un-
certifcated members had all been
rightfully elected; and they were in
consequence allowed their seats.
Benton's "Thlrty Years in the SEN
ate," volume 2, page 159. Congress
sional Globe, page Al ct Seq.)
The state senate of Indiana, at its
session of 1871, denied to Mr.. Bur-
son his righ ito be sworn in and act in
the organization of the body, although
he held the regular certificate of cleo
ton.
At one of the sessions of congress-
few years after the close of the war,