The Providence news. (Providence [R.I.]) 1891-1906, 1894-04-02

session. This implication is found in
the fact that membCrs OF tho
preceding body may hold their seats until
their successors are qualified 10 act. The
idea is plain that each town shall be en-
titled TO its full representation and vote,
both in an election by the people, or, IN
case of failure, by the Assembly. II, there
fore, either House should, by its own ac-
ton, deprive towns of representation TO
the extent supposed, we do not think 1t
could be claimed that the other House Is
bound to go into Grand Committee with
House SO constituted. The supposed case
is an extreme one, but it illustrates the
principle that each town is entitled TO the
full representation which the constitution
contemplates, and this principle is equally
violated, though not 70 the same extent,
If one town is illegally deprived OF its full
representation. In such cases the Assem-
bly, may properly adjourn until the va
cancies can be filed.
"Other emergent causes, sufficient TO
justify an adjournment. may arise, such
as an epidemic after the Assembly has
convened; riot or great public disturb
ance; the destruction of the State House;
a palpable violation of the constitution by
the expulsion OF members contrary TO its
provisions, whereby the character OF the
Grand Committee is changed, aud the like.
"In the latter case, Notwithstanding the
the qualifications of its own members, a
decent self-respect would entitle the other
branch TO refuse to be a party to such
illegal constitution of the Grand Commit
tee and TO base its action thereon.
''The question then resolves itself into
! this
"Whether the Assembly by Joint resolu-
tion may adjourn for more than two days
after both Houses are organized and be-
| fore counting the votes.
"For what both bodies may pass by con-
current vote, one may first pass and
transmit to the other for concurrence.
"We regard the provision of the consti-
tuition requiring the Assembly TO count
the votes at the May session as in the
highest degree Imperative. Yet, as we
have said, there may be circumstances
which would justify and indeed require
the postponement OF this duty for more
than two days.
"Hence as an abstract proposition we
must answer the question in the afiirma-
tive. Whether any given state of
affairs is one to justify or demand such adj
journment, and how long such adjourn
ment should be, are legislative quest ions
necessarily left to the decision OF the body
whose action is proposed, ana when de-
cided by such body can only be reviewed
by the approval or rebulSe OF the electors.
The answer to the first question, which
in "a ct Is the only one that directly con-
Germs the Senate in its present position, is
plain and positive enough for me to base
my opinions and actions upon.
The second question, the court says,
sis question which il is not within the
province or power of the judiciary TO de-
termine, but which, under the constitu-
tion, rests solely in the sound judgement
and discretion of the chief executive of
the State" This seems explicit enough;
the court says that it Is the business of
the Governor solely.
AS to the third question, after brief
argument, the court quotes Judge story
as follows: "Whenever a statute gives
discretionary power to any person TO be
exercised by him upon his own opinion OF
certain facts, il is a sound rule OF con-
struction that the statute constitutes him
the sole and exclusive judge of those
facts" 1t then says in conclusion, "we
therefore answer said third and last ques-
tion in the affirmative"
This opinion also is plain enough for
those who desire to understand it.
Mr.. President-If the members of the
House of Representatives are sincerely
anxious TO have the Senate join
them i'm Grand Committee, they can
very easily obtain their desire; il they
come seeking justice, let them come with
clean hands: hands Yet them them restore si,e
scat in the House OF Representatives is
based upon the constitution and the law,
and sustained by the opinion of the
Supreme Court on two different occasions.
Let them restore to the gentleman from
Westerly the seat of which they have de-
prived him, on the ground that they did
not think it was ''proper" that he
should sit with them. In short, let
them put back so far as is possible
the condition OF affairs that existed when
the General Assembly convened. They
have appealed to the Supreme Court for
an opinion; they have received the writ
ten opinion of the Court; now let them
respect it. If il was of no value, why did
they ask il. Having asked II, they above
all others are estopped from criticiZing
or deriding it, and should be governed
by il.
When they are ready TO support the
constitution and the laws, and as far as
possible right the wrong, then the Senate
will be ready TO recognize and accept an
invitation to join them IN Grand Commit
tee. but not till then.
We believe our position 10 be right, and
therefore impregnable. We have been
sustained by the opinion OF the only trib-
unal that has authority TO interpret the
law: we are vii ing to rest our case in the
hands OF the electors OF this State-the
court of last resort for a free peoplc-with
the firm belief that they will so decide il
as TO justify our actions.