The advocate and Topeka tribune., 1893-03-01

ness OF legislation, as well as the power
to enact laws when organized. You may
call one, il you care to divide and classify,
parliamentary power, and the other leg
islative power. What is meant by the
phrase is the aggregate Of fundamental
powers residing in the legislative body.
But If you do not choose TO call the
power Of organization for legislative
work @ legislative power, it makes mo-
difference. Things are appreciated, not
because Of their names, but because Of
their qualities and attributes. The
power Of q Legislative body to
organize itself in its own way,
and select its membership between
rival claimants; to protect itself in
the discharge Of it's duties, and to pre-
scribe rules for it's own conduct, has
been claimed and successfully main
tanned ever since the days Of Queen
Elizabeth, 300 years ago. Before that
time the sovereign had minimizsd the
privileges and restricted the prerogs-
tives Of the houses, both the lords and
the commons, and particularly the latter.
Through the lord chancellor, arbitrary
interference with its membership had
been practiced to compose it in accord
ance with the soVereign's will, and for the
soyereign's purposes. But in the reign Of
Elizabeth the commons began Stoutly to
assert their rights, and finally secured
them firmly against all encroachment.
So at the time Of Blackstone he was able
to write marginal page 1881:
For as every court Of justice hath laws
and customs FOR it's protection; some the
civil and canon; some the common law;
others their own peculiar laws and GUS
toms, 80 the high court Of parliament
hath also it's own peculiar law, called the
law and custom OF parliament. 1t will
be sufficient to observe that the WhOle
of the law and custom Of parliament has
its origin from this one maxim, "THAT
WHATEVER MATTER ARISES CONCERNING
EITHER HOUSE OF PARLIAMENT, OUGHT 10
BE EXAMINED, DISCUSSED AND ADJUDGED
IN THAT HOUSE TO WHICH 1T RELATES,
AND NOT ELSEWHERE"
These ancient powers and privileges of
legislative bodies are secured to them,
not by any express grant, but they in
here in them, and belong to them from
their very nature and constitution as the
supreme lRw-giVing assemblies. They
are, as / think, implied in the general
grant Of legislative power. Such bodies
could not exist and perform the consti-
tutionsl duties If subject to interference
as to their composition by the courts or
the executive. Some Of them are ex-
pressly allowed by the terms Of the con-
stitution itself, such as the power to
make it's own rules, and to determine the
qualification and election OF its own
members. But it must not be supposed
that these enumerated powers are in the
nature of limitations They are grants,
and not limitations. If their express
mention implies the exclusion Of all
others, upon what does the respondent
and his political associates base their
right to arrest the petitioner for his al
legged contemptH You will search the
constitution Of this state in vain for
provision empowering either house to
arrest o contumsoious witness, as this
petitioner is alleged to be, or q constitu-
tionaI provision arming it with the power
OF tha nanal law to protect It's dignity