The Providence news. (Providence [R.I.]) 1891-1906, 1893-06-23

act been done, by which an individual or
the public has been design IDLY injure /?
A Corrupt Act.
The exclusion of Landers and Hoxsey
from their seats, and the seating of Smith
in the place of Landers. against the
plain letter of the constitution and laws,
aud against the known Interpretation Of
tie constitution ana laws Ly the supre me
court, aud in co tempt of the opinion OF
the court, without even affording Lam
ders and Hnxsey- -oppaFtlifity be
heard, must be adjuaged uuder the cir
cumslances OF the case, to be corrupt
act, committed for tie purpose II secur-
ing control Of the political Offices OF the
state.
The house perhaps had the power to
exclude a member without atfordid z him
an opportunity 70 he heard (; but when a
man is elect or appointed To AN office
he has a property in the office, and the
same constitution which makes the
house the judge OF the qualification ana
election oil It's IN IN bers ais provides that
a man shall not be deprv d of its pro-
perty Cn this case HIS oihce) but in ac-
cordaace with the law of tie la I'd. So
that the manner OF ejectinz Landers and
Hoxsey from the house adds force TO the
evidence that the controlling power of
the house acted Intentionally in violat-
ing the law aud the rights of persons who
lcRal Tlkub bO seats III but MUSE.
Upon these incontrover ible facts, the
controlling power in the senate declined
to unite with he house, n ID thereby to
become party TO the fraud, which had
Deen concocted, by aiding in carrying 1t
into effect For the same constitution
AID the same NV, which required the
senate to join the house in grand COM
mittee, enjoined the senator's not To COM
init fraud--an obligation supported by a
higher law than man has "a right to
make.
The brief then quotes the resolution
passed by the senate certifying to the
governor the fact that there was such a
disagreement and asserts that in order
ing the adjournment he acted within the
strict lines OF his duty.
From Another Standpoint.
Mr. Sheffield in his brief then goes on
to say that the consideration of the ques-
tions may be approached from another
standpoint. He calls attention to the
fact that the constitution provides that
the organization of the two houses may
be regulated by law and that under tais
authorization law was passed
at the January session 1893 pro-
vided that Immediately after
organization of the senate and hou of
representatives and rotice thereof (Which
notice shall be forthwith given by the
hottse upon the election OF speaker aud
clerk the senate shall Join the house In
grand committee. The house was
promptly organized by the election of
speaker aud clerks by IL o'clcc& or that
day, yet IL sent no notice To the senate of
its organization until the third day
thereafter. This delay Is another indica-
ton OF the animus OF the house at this
time TO de eat the manifest intentions OF
the law.
Fraud CunniDgly Excluded.
The senate notifie the house at 1t re-
fused TO join it because OF the fraudulent
uuseating of two of the members of the
house aud its fraudulent seating of an-
other member.
The proposition of the house to refer
certain questions to the supre ne court,
cunuingly excluded the question OF
fraud, in the exclusion OF its members,
from the propositions upon which the
The ground- work of the senate's conten-
tiou rested.
La conclusion Mr.. Sheffield says: The
question propounded by the action of the
senate Is: Is the senate bound to uuite
in grand committees with house made
up by the election OF duly qualified
members from that body and by the ad
mission of an uuqu ,lified member, when
these changes nave been effected by the
house w tn the fraudulent design 20
change the political character OF the
general and other officers OF the state?
Then the court had, ia reply TO ques.
tiOns recently propounded by the COVER
nor. given its opinion on tue facts IN
vowed in the Ltnders case, anu IN the
case of Hoxsey, h. held his office by
title resting. not only on the PLAIN lan-
guage of the Coz stii ution aud laws, bat
on the uniform Drdctcs OF the state,
II A Al of na 80 M tnss