The times. [volume] (Richmond, Va.) 1890-1903, 1893-03-30
THURSDAY. MARCH 80, 1898.
SIX PAGES.
INTERESTING DISTINCTION.

AN INTERESTING DlSliNohi"-''
We know nothing whatever OF the
charges against Mr.. Roach, the ne"
Senator from North Dakota, and hope
most sincerely they may be proved TO be
entirely unfounded. But there can be no
sort OF question that the resolution which
Senator Hoar has introduced calling for
an Investigation OF them is one entirety
within The scope Of the privileges OF the
Senate founded as 1t is upon the CON
sti;utjonal provision that each House
shall Re the Judge Of the elections. re-
turns and qualifications Of its own mem
bers."
This provision Of our Constitution
crvstalizes the result of one OF the most
stubborn fights that our English ancestors
had with their arbitrary sovereigns, ana
It embodies a principle TO which the con-
sent Of those sovereigns was extorted by
m1tterings and actions of unmstakable
import.
Originally writs for electing members OF
the House OF Commons issued out Of the
Lord Chancellor's Court and the return to
the writ was made to him. The Lord
Chancellor being the appointee Of the
Crown and removable at the pleasure Of
the Crown, for him to be the judge Of
controversies growing out Of an election
made the Crown very nearly the nomina-
tor and appointer of the member OF the
House. In Queen Elzabeth's reign the
House took a firm stand on the PROPOSE
ton that IT was entitled to be the judge
OF the election, qualifications and return
Of its own members With her usual good
sense, Queen Elizabeth eased herself out
Of the controversy when she saw that
II was beginning to look ugly. but her
tyrannical. ignorant. and bigoted success
sor. James the First, was fool enough
10 renew ii. The Commons showed him
their teeth, however, with a CLEAN that
contained so much of menace that this
cowaidly braggart was glad TO back out
of a quarrel that he had started into and,
from that day to this the principle has
been one OF the most cherished in Eng
lands and our form Of Government.
There is. however. this very nice but
entirely sound distinction connected with
90 over this very interesting feature of
history. The legislative body. House or
Senate as the case may be, has the IN
doubted prerogative TO judge in all cases
OF the election and qualification OF its
own members. But as. in law. the pre-
sumption is that every citizen is in all
respects qualified TO be a representative,
when two men have been Contestants for
seat, it is presumably a matter of no
consequence TO the body which one Sc
cures II; consequently all legislative
bodies pass laws for regulating contests
between rival candidates for a seat in
themselves. The seat in this case is
looked on as a piece of property for which
two rival claimants are contendng. The
body requires each contestant therefore.
In such a case, to conform closely to the
rules of procedure laid down in the law
for regulating the contest, just as all
parties TO controversies in courts Of JUS
tice are required TO conform to the fixed
rules o. procedure and the one best en-
titled to the seat may nevertheless lose
IL. and the other may receive It. because
that one really elected did not comply
with the conditions provided in the act
that lays down rules TO govern the con-
test The body itself says II has nothing
10 do with the matter-that either one
VIII make good representative. but
that II must enforce observance of order
ly proceedings when members are being
chosen.
But. when a candidate has prevailed In
contest with his rival and has been
awarded the seat. the prsrogative OF the
BODY may still permit II TO expel him from
That seat. Upon its own inquiry he may |
DE round TO be person Incapable I'm law
OF holding a seat in a legislative body
or he may be moral ieper whose pres
ence In the body Communicates the purity |
OF It's atmosphere. The right, therefore |
inheres In all legislative bodies TO set on |
loot FOR themselves any Inquiries that |
touch the question of incompetency Of an |
individual 20 hold seat in them.
The Senate has perfect right. there |
fore. to enter upon the inquiry suggested |
by Senator Hoar's resolution and TO ex-
pei hr. Roach IS II should find the facts
10 be what they are claimed 10 be which /
we sincerely hope will not be the case
This question was very fully argued
ana considered In the famous controversy
eefcfe the Virginia Senate between Cen
mn Bradley r. Johnston ana Colonel