The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-12
"INsIDIoUs AND DANGEROUS"
Report on a Bill Giving Judges Pow
err to Settle Election Disputes.


WASHINGTON, Feb. misrepresentation
Beckner, Lockwood, Brown and Jones'
members of the elections committee, have
united in a minority report against the bill
reported by the majority giving to United
States district judges jurisdiction to deter
mine the prima facie right of member
elect to his seat pending a final decision by
the House itself The argument of the major
ity the minority asserts, is really directed
against the wisdom of that provision of the
Constitution which makes each House or
Congress the judge of the election returns
and qualifications of its members.
ut is" said the minority, IAN insidious
and dangerous assault on what we consider
one of the most precious safeguards of the
rights and liberties Of the people placed by
the fathers. in order that it might be secure.
in the organic law of the land. 1t is a se-
rious impeachment of our system of pcpu-
lar government. 1t is based on the idea
that one man may be trusted to do what
356 Others each perhaps his equal are not
fit to undertake 1t is confessedly an effort
to break down the barriers between what
were intended to be separate and distinct
departments. II assumes in terms that some
obscure Judge, who may be the accident OF
executive selection, or perhaps the bene-.
ficiary of the diligence OF some special in
terest having Influence with the appointive
power, can give to his dictum such force
as would subjugate the so-called prejudiceS
and passions of the representatives OF the
people and compel them TO accept his de-
cision final and conclusive In ali cases
of contest. 1t is glorifcation of that de-
partment of the government which Is or
more recent origin In our system and
the Republic considered most important
Some attention is then paid by the minor
ity as to what 1t thinks might be the result, SUI,
81 me- On N ia
The argument is made that one man could
control the political compile xio1 of the
House at Is reported for instance" said
the minority. that there are five seats in
the next House from Virginia TO be CON-
tested. Three of these would come before
the same judge. Again. In Kentucky there
are eleven districts, and the state has but
one United States judge. The seats OF al
the members from that commonwealth
there were a narrow margin between the
parties a single officer might determine
which party should organize that body, and
thus for two years control the legislation
of Congress affecting the prosperity and
happiness of 100000 people. This is ire
mendous power. and not to be lightly con-
ferred."
Respecting the contention of the MAJOR
ity relative to the settlement of contested
seats in the English House of Commons by
the courts. the minority argues that condi-
ticns in this country and England are diff
ferent In the latter country members OF
Parliament receive no compensation. and
the expenses of a contest are unpearabis.
Prior 10 1870 there NdS no pfElEAsR Oh IAif-
ness in disposing of a controyerted election
in the House of Commons. Tt was under
stood to be a mere party question ON which
the strength of contending factions might
he tried. I'VE have. the minority asserts.
reached no such stage here IL Is pointed
out that in England controverted election
cases in the House of Commons are
ferred. not TO court of one judge. as ia
the bill reported by the majority. but TO
two judges OF the Queens Bench and High
Court of Justice. a thing, the majority says.
that cannot be done in the American Con-
gress because the Constitution provides 9th
erwise
Summing up, the minority beieYes that
the bill is uncons tititional: that IL Is
invasion OF the rights OF the States: that
it violates one of the boasted and most
esteemed features of our governmental sys-
tenn, to wit, rigid separation of the execu-
tive. legislative and judicial power. and that
1t would have a tendency to strengthen the
growing feeling Of distruss OF the federal
judiciary among the masses Of the people.
During the troubles the past few
years the United States Judges have been
called on TO play parts that have not In
creased their standing In ponular favor. and
We do not think II wise TO burden therr