The Providence news. (Providence [R.I.]) 1891-1906, 1893-06-20

n constitutional member. passed by a
vote of less than two-thirds Of its mem
bers.
IL is clear. therefore, that in neither
the Landers nor the Hoxsy case was
there a judgment OF the mouse within
any recognized legal meaning OF that
word. There was an expulsion, by less
than constitutional vote. What then
WAS the duty OF tie senate in the matter
OF the election If the governors
The senate, using its eyes and ears ana
common sense, could take notice OF the
following facts: The house OF represen-
tatives was armel with oae fraudulent
vote. and had frauduiently nullfisi e
legal vote for the purposes OF the grand
committees. The senate had notice.
Therefore, that the house. OF representa-.
tives meant To perpetuate what IL had
begun. fraud upou the constitution, by
a fraudulent casting OF two illegal votes
In the votes In grand committee Tor the
Governor anu osher officers OF the state.
IL may be said that the nate had not
yet any official knowledge what the count
ing OF the votes by the grand committee
would disclose; but IL knew that IT
would have at least TO vote for the minor
officers OF the state, sheriffs. clerks OF
court, etc, and IL knew that these officers
were TO be elected by two illegal votes,
and that such an election would be as
Illegal and AS much In violation OF the
constitution as an election OF member
To either mouse by Que or more illegal
votes.
Senate Guarded the Constitution.
Under these circumstances the senate
chose TO guard the constitution from at
tack. 1t refused to bs a party to fraud
upon the people OF the state. The house
OF representatives may be a fraudulentiy
In ~
the name "house or representatives.,
and has called by "A lawful aud constitu-
tiolal name every act OF It's existence.
And as the constitution does not pro-
vide method by which the senate may
know the true character OF the body
which calls itself the house OF represeu-
tatives, the senate must, and Is expected,
10 use the senses which nature has given
IL. Aud as the senators have sworn TO
support the constitution OF the state, IL
was toe duty or the senate when invited
to take part in fraudulent election to
refuse TO do SO.
LII that way only could it uphold the
majesty Of the spirit and high intent or
the fundamental law OF the state. IL is
idle TO say that IL VAS sharp trick for
HoXsey To retain his Sc at In tue house,
but for the sake OF argument, admit that
il was. The answer suilices that IL was
his right and privilege 10 do SO. to meet
trickery with trickery, II need be-
But this was not the case-Ail the elcc-
tions contemplai ed by the cons tuition
had been held In the town OF Westerly.
There had been no choice for one place
in the seven days trial., AID 1t was not
only the right, but he uuty OF botn Mr..
Smith ana Mr.. Hoxsey To continue To hold
their own places, and not leave their
town unrepresen.ed, uor put it TO the ex-
p-nse aud trouble OF further elections,
and that the people of that town were
satishel TO have it So, is well demonstra-
tea by the rous!ng majority which they
have since given Mr.. lioxsey
The facts remain That Landers and
Hoxsey wers expelled from the house by
Insufficient and unconstitutional votes,
that there was no " Judgment" within
the meaninS of the law aud the consti-
tuition in their cases, aud that for the
purposes OF the grand committee the
house OF representatives was frauLu-
leutly and unconssitutionally organ
lZs 1.