The advocate and Topeka tribune., 1893-06-28

declaration, iS by implication denied in all
free governments. If, therefore, the legis-
lature had power TO make this returning
board the Judge Of the election and return
Of members to the legislature, its exercise
Of that power was at war with the principles
of republican government, and might
justly excite the iVeliest spprehensions
2. By the constitution of the state suOh a
board could not have power conferred
upon them such as was assumed to be exer-
oised. That instrument expressly provides
(Tit. 2, art. 34) that each house shall be
judge of the qualifications, elections and re-
turns of it's own members. Il also provides
(Tit. 3, art. 46) that "Returns Of all cleo
tions for members of the general assembly
shall be made to the secretary Of state"
The returns here intended are manifestly
those by the local election boards, and any
attempted diversion of them to the hands
of other officials without authority, to sift
them out and send up only suOh as they may
see fit, would be in manifest repugnanOe to
this article. We are at loss to perceive
how the apparent conflict of the election
law with the power Of the legislature to
Judge of the election Of it's members, can
be reasoned away or excused. Only two
methods OCCUR to US. Although the returning
board are to Judge Of the election Of members,
and return only such as they decide upon, tt 0D
be said that this RGUeS the house at liberty AFTER
yards to reUitlD their decisions, and to seat and
tInSeat according to It's OtDp Judgment But con-
cedtng this right, the house that might do this
lOOulld be, or might be, not the house chosen bv
the DeODLe, but the house composed Of persons
certified to by the returning board 1Uho alone,
under the act, lUOtd be permitted 10 participate
IN the organization, and lUhO, under the present
condition of things IN Louisiana might reason
dblu be relied upon to $50 fG things" that me
real house UOld neuer be permitted TO exercise It's
constitutional right. The III members Of i0hOn
the house Is composed might, to any ertenh at thS
OpttOr-Or, COncediRO the tGirTNSS Of the board
according to the judgment of this board, be set
aside for others lUhO lUere not chosen, and not
one of them could participate ercept at the Op-
ton of these others. IL Is idle to attempt The de-
IeJlCG OF UD UCC WIItCH pUCCo DOTu W'I's poOOO'o
so cORclsiUe bettUeeB the legislature and It's con-
stittGtiOndl pOlCer and pri0ileOC.
But it may be said that the right Of the
house is saved and protected by clause in
the election law, that nothing in this act
shall be construed to conflict With article "a
of the constitution Of this state" This is
contained in the section which gives to the
board its extraordinary powers over the re-
turns Of members. II it means shat the
statute shall be 80 construed as to preserve
the full constitutional privileges Of the
house, then it means that the statute
shall be so construed as to nullify it.
For IL Is ObuiOus that this pOlCer Of the board
to Judge of the returns Cith conclusive eject, so
far ds the organization Of the house is concerned,
cannot stand tuith the constitutional pOlper
of the house to pass judgment for itself.
AS, therefore, the purpose has evidently
been that the statute should be enforced, il
must be supposed it was not the intent
that the constitution should be. The reason
able conclusion must be that when it was
declared that nothing in the act should be
construed TO conflict with the constitution,
the intent was, that no one should be at
liberty TO discover in the constitution any