The Providence news. (Providence [R.I.]) 1891-1906, 1893-06-20
THE REPUBLICAN CASE.
The Law and the Proper Interpreta-
tiOn of the Constitution.
ACTION OF THE HOUSE ILLEGAL.
The Actiou That Unseatea and
Hoxsey Was Illegal and the House OF
Representatives was Not Legally Or
CANNED to Transact Business.
and

WRITTEN BY PROMINENT DEMOCRATIC LAWYER
The constitution OF Rhode Island pro-
vides that leach house shall be the judue
of the elections and qualifications OF its
members"
IL also provides that each house may
s'punish contempts, punish its members
for disorderly behavior, aud with the
concurrence Of two-thirds. expel MEM
ber: but not a second time for the same
cause"
IL also provides that on failure by
the people TO elect a governor or other
state officers these shall be elected by
the two houses in grand committee at
the May session.
1t il the settled law OF contested elec-
tions that on an election OF member or
either house being shown TO have been
brought about through the casting OF a
sufficient number of fraudulent votes TO
effect that election that member shall not
be permitted to retain his seat, which
will be given tc his opponent who would
have been elected but for the fraudu-
lently cast votes.
The constitution does not provide anv
means for determining the validity OF
the seat OF governor who has been
elected TO his Office by fraudulent votes
or not the grand commit e. has inner
emily the power to determine the right To
membership Of it's own members sit ing
all together. and If IL has this power how
il shall be exercised, are speculative
rather than practical questions.
Every Vote Must be Legal.
But It is certain that the constitute on
contemplates for the election of the gov
ernor in grand committee that every vote
cast shall be legal vote, and the intent
of the constitution must be that no man
shall be elected governor through the in-
strumeutality OF one, two, or more.
fraudulent votes. And it is plain that
there must reside somevhere n means
aud a principle which shall make such an
election, theoretically, at least. impossi-
BILE.
Each house and each member of the
peneral assembly owes duty, springiDg
from patriotism and a solemn oath, to
suppOrt the constitution of the state;
and comprehended in this is the duty to
save by all lawful means tho true spirit
and intent OF the constitution from vio-
lation. The broad meaning, intent and
purpose, must prevail, and Undoubtedly
the constitution never contemp, atsd the
distortion OF its letter for the purpose of
fraud.
Each house may by a majority of a
quorum pass Judgment" OH the eleo~
tions and qualifications of its members.
But what is it to judge In the Ian
guage of the constitution IL is not to ex-
pei, and the judgment IA question is n
final one. In the meaning or the COM
mon law what does final judgment
imply? Can "a judge of a court of law
pass u Judgment" upon question of
which he was not permitted trial
And can there be a trial in which one OF
the parties Interested is not permitted To
be heard.
A record of Judgment which should
show that principal party TO the con
troversy was not permitted TO be heard
would be considered void by any Eng
lish speaking court III the world. 1t
would not be "a judgment. For sucn
cases the writ OF haheas corpus was in
vented, and OF like character are judg-
lnents OF the district court binding per-
sons over TO await the action or the
grand jury. and the indictments which
follow. ynese are not final judgments,
or judgments at all, OF the facts in ques-
tio0. To every valid judgment, a for
tiOTi to every valid nnal Judgment,
there must be at least an opportunity
for hearing Of the parties in interest.
The Landers Expulsion.
In the house of represent atives In New
port resolution was introduced to
declare that Mr.. Samuel Smith Of James
town was entitled to the seat occupied
and claimed by Mr.. John B. Landers.
A motion was made that the matter be
referred to committee for the purpose
OF hearing the parties in interest and
their witnesses. The motion was rejected
aud the main resol tion WAS passed. 1t
is immaterial what the final Judgment Of
the house might have been upon a
hearing OF the parties. The record
shows that hearing was refused. There
was an ex-parte affidavit introduced, aud
an argument was made as to what the
intent OF certain voters in jamestown
was from csrtain marks on certain bal
lots But no attempt was made or per-
mitted TO show as matter OF fact what
that intent was or neither the affidavit
wa. true or false. The intent and the
truth Of the affidavit might have been
shown on "A nearing of the facts, and that
intent and the truth or falslty of the
affidavit were the gist of the question
The resolution then was passed. The
house made declaration as TO the seat
of the member from Jamestown, but the
house did not by that act pass "A "judg-
ment"
The very argument which was made
In support OF the resolution, is an argu-
ment against the validity of the resolu-
tion as u judgment. The supreme court
OF this state had twice expressed its
opinion (sevea judges, headed by Chief
Justice Durfee, all taking part. and none
dlssenting) that ballots like the ones in
4"SosAoh Souiu hOS Dc Couubeu.
The Authority.
The house was asked 10 disregard
hese opinions. they not only being bind
ing as precedents according TO the re-
cognized law OF the state, because then
cere not rendered after argument OF
counsel and hearing Of both sides OF
the question Or course they were not
Judgments. they were mere opinions.
But for the very reason that they are
not decisions. or judgments, the declara-
t1on OF the house was not Judgment. 1t
was mere opinion rendered before hear
Ing. ana the unseating of Mr.. Landers
was an act OF expulsion, not supported
by vote of two-thirds %. the members
OF the house. and therefore unconstitu-
tional and void.
In passing, the absurdty OF the argu-
ment in Iavor or declaring that the
doubtful ballots should have been count
cd Tor Mr.. Smith may be shown. 1t was
said that Lord Coleridge. after solemn
argument by learned counsel had ad-
judged similar ballots similarly countn-
ole. But Lord ColeridRe had gone far.
thef. aud had. As was shown. counte1