The advocate and Topeka tribune., 1893-03-08

SAAuO VA bHl1 OH bu0 ElSnb OA buD
legal and constitutional House Of Rep
rSssntRtives? Has it not the right the
moment 10 legally organized to require
order within lts body? Haa 10 not
she right the very minute it 10 organ
lied to say TO any person within its hall,
who attempts to insult it's Speaker, OF
arrest . member, we will lay hands on
you, because inhering in this body, is
the power Of itS own protection Then
II the Douglass House was legally or
RAnizSd, and had q constitutional major
ity, as I understand the law, it had the
right to keep Journal before the gov
OrnOr recognized it; it had the right
to keep journal before the
Senate recognized it, because the jour
nal OF legislative body commences at
Ito very organization.
The journal Of Legislative House does
not commence with the recognition from
the Governor; il does commence with
the recognition from the Senate. II the
Douglass House was legally aud conBti-
tutlonRlly organized, and was legally
and conStitutionally in session, answer
why the journal OF the Douglass House
made on the 10th and 1lth days OF
January is not binding and conclusive
upon this courtS This court has said
that journal properly made by
the legislature 10 such evil
denCe. I am now talking about
the journal Of the Douglass House
made upon the 10th and 11th day Of
January, before any recognition Of either
body; before the recognition from the
Senate or Governor or OF the House.
Either you must say that the House OF
Representatives depends for it's existence
upon recognition from the Governor, or
depends for its existence upon reoogni-
ton from the Senate, or depends for its
existence upon Interrogation from both
Of these, or else you must say that the
journal kept by the body that is orgsni.
zed, 10 the conclusive journal to this
court up to the time OF the recognition
OF the other House. Then it seems to
me that thus far in the case there ought
TO b0 no disagreement or contention.
snow, the Douglass House having
been legally organized and having made
Journal for q day or two, it seems to
me that this journal for those days must
be received 40 evidence for all il reOites.
This 10 clearly the case, unless the
Douglass House has in some way been
destroyed or ousted from it's place or
otherwise dissolved. At this time,
without going extensively in the trans
actions Of both bodies, it is sufficient to
say that the DouglR&s House has always
met In the hall Of representatives in the
capitol, whore 1t has been usual and GUS
tomary, since the erection OF that
hall, for the House Of Representative
to meet and transact business. II there
was not, there would not be any trouble
in this case, and there probably would
be no case for the court TO hear and de-
Oids at this time. 1t is also clear that,
30 far as it could do business, it has NS-
tempted to carry on business.
"At this point it is urged with great
ability and zeal that this court has no
Jurisdiction to pass upon the question Of
the legality of these two Houses-as il
appears there we're two alleged Houses.
BY the petitioner and by the
able counsel who represent the
petition and the Governor. As
was said by Chief Justice Marshall in
Cohens vs.. Virginia, it Is most true,
that this court will not take jurisdiction
II it should not; but it is equally true
that it must take jurisdiction il it
should. The judiciary cannot, as the
legislature may, avoid a measure be-
cause it-spproaches the Confines Of the
constitution. We cannot pass it by be-
cause it is doubtful; because 1T is un-
pleasant. With whatever doubts or
With whatever difficulties a case may be
attended, we must decide it as best we
can if it be brought before US. We
have no>more right 10 decline to e1er-