Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-04-02
IN FAVOR OF ROAOa.


A Precedent Found IN Proceedings OF the
Forty-Fourth Congress-HoAr's Opinion
Has Not Changed.
WASHINGTON, April 1.-Ih the search
for precedents bearing on the Senator
Roach case, the most applicable in
stance found is contained in the pro-
ceedings Of the Forty-fourth Congress,
1876. The Committee on Judiciary OF
the House Of Representatives was di-
rected to inquire what action should be
taken by the House ia reference TO the
charge that members were guilty OF
completely in the alleged corrupt use OF
money TO procure the passage Of an act
for an additional China mail service.
On that committee were Eppa Hun
ton, now a Senator from Virginia, and
Messrs. Frye and Hoar, now Senators
from Maine and Massachusetts. The
majority report, which was concurred
TO by Messrs. Hunton and Frye, held
that the Constitution could not "vest
In Congress Jurisdiction TO try mem
Der for az 0ffense committed before his
election. For such Offense member,
like any other citizen, is amenable TO
the courts alone"
Mr.. Hoar held the same opinion in
1876 as now He signed minority re-
port which saia: The fact that the
questions involved as to the guilt OF
the accused mem bers have been referred
% the courts Of the District Of Columbia
does not aud cannot affect the ques-
tiOn Of jurisdiction, nor in any manner
release the House from its duty in the
premises, and has been held In the cases
OF KilbOurue and Belknap. The case Of
Humphrey Marshall, referred TO in the
report of the majority, Is not a case in
point. He was accused of the crime Of
perjury, committed before a State court
in Kentucky; a majority OF the Senate
concluded that he was entitled TO trial
before jury. IL the members In the
cases before the Congress were accused
OF the crime OF perjury com mitted in u
State court, In dealing with the ques-
tion entirely differeqt considerations
might be presented.
Without now discussing or deciding
the question to what depths of infamy
a member must have sunk, il condOned
by his constituents before the House
should exercise the power to expel him,
or without deciding that there is any
depth of infamy, which, if so condemn
ed, would authorize such expulsion, it
is sufficient 20 say that in the cases be-
/ fore the House the Otfenses, as alleged,
related directly TO the attempted cor
ruptlOn OF members OF the Congress OF
the United States, which crime, or
crimes, wherever originated, were con-
summated as alleged in the District Of
I Columbia, OF within the hall Of the Cap
itol.
In the State OF New York, in the
case Of Georgh q. Barnard, one Of the
| justices Of its Supreme Court, he was
I held liable TO impeachment for offenses
| committed by him before be wss elected
I to the term OF Office which he then
[ held. The Senate Of that State has as
serted the same principle. The Senate
I OF the United States has recently held
/ jurisdiction in a case in which the al
I legged limitation, II any, iOrbidding il, is
/ found in the words Of the Constitution.
| The undersigned therefore recommend
/ the adoption OF the following reSOlu-
( tion:
"ReS0lUCd, That the House OF Repre-
/ sentatives has jurisdiction in the case
\ of VIM. 5. King and John G. Schuma-
I ker. and that il be referred TO the Com
mittee on Civil Service Reform, to aSSer-
/ tain and report the facts"
The minority report was signed by
I Scott Lord, Wm. Lawrence, George f..
| Hoar and Is. q. L. Caulfeld.