Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-01-31

returned to him. and seal the same,
writing his name across the seala, ana
shall address the packet to The speaker
q the house Of representatives, or pres
ident OF the senate, as The case may
be; and shall forward the same by mall
TO the seat OF government so es -
reach there before the converting OF the
legislature n possible
This law was carried into Paschals
Digest, articles 36O7-86li This law re-
NAMED in force until 1873, and all the
contested elections for the legislative
seats from 1876 until 1878 were conduct
ed, Investigated and decided under ana
by virtue OF the statute quoted.
In 1873. session acts Of 1873, page S.
| the legislature passed an act a httle
more devoted 10 details. and giving
| thirty days instead Of ten days In which
10 give notice Of intention TO contest.
! That act is the one carried into the
! Revised Statutet by the codifers, pass
| ed nv the Legislature and put In force
| September J.. 1879. Since 1873 all con-
| tested elections have been conducted
under provision or the law now In force,
enacted for the purpose, and with
| view 10 provide a mode OF trial In pur-
/ suance OF the constitution itself
| All other legislatures Of this state
! have found the law abundantly sufii-
client to 'nable the houses Of the legis-
lature TO promptly. fairly Investigate
! ana uttllt All GVAAEHkh ARl EEAAn ia AAAE
| legislature.
This law IN force has enabled the
| house 10 reach the truth and mete out
! Justice according to the law and facts
/ Of each and every case which has
called en- this house for action.
The law provides for notice which
| shall set forth all the cars,s and facts
on which the contest is Intended to rest
| This notice serves ~ place of petition.
| The contested IL required to reply. with
| lines OF defense. 20 the facts as alleged
| against him as 20 the fairness and
! Legality OF his election This reply
/ serves as an answer. and works all the
| ends and purposes an answer would
serve In court in reply TO a petition.
| Thus the Issues between the contestant
| and the conteHtee are made plain
CLARK vs.. smith, IS s. w. Rep, page
51D and well defined.
Then the law provides how each par
~ shall proceed TO take testimony to
| support thei- respective sldes, Just as
IN court, they san take dispositions.
summon witnesses TO TESTIFY orally,
These papers then (nutice, answer and
testimony In writing are ordered
through proper channels 10 be placed
In the hands OF the speaker Of the
hous-.
Such has boon the mode pursued in
the cases now before the house. All
the papers were put In the hands Of
the speaker, He represents the whole
house. when he ~ In possession. the
house Is IN possession, Such Is tho
case In each OF the cases about which
we report
These paper (cnscD were by resolu-
ton Of the house ordered referred TO
this committee, with power 10 send for
persons and papers, swearing wilt.
nesgos. etc. According TO the resolution
the cases were rcforrcd, ana IRE now
in the hands Of the committee, and
yet the majority decides the cases can
not be tried because there IS no suliic
tent law on the subject to vest In thi,
house power to try.
C-ugrras OF the United States passed
% law governing contested elections foi
fncmbers Of congress substantially ~
tho. same language as our statute. ant
10 mas served the purpose OF trying con
tested elections thcre ever since. Roy
49, u. s., chap. s, arta 1906 to 1850, in
elusive.
1ae committee unanimously agreoI
that Jurisdiction has been conferred oi
thla house TO try these cases by the con
stltuti0n OF our state tsuprn), and tina
all tho laws on the subject are con
sututional Then having Jurisdiction
properly OF these cases, and having at
: the necessary plendlnKH. both the petit
: ton and the answer. as well as deposl
: tons 10 be used in the trial as evidence
I all obtained In pursuance 10 the nov
existing law. wo submit that II re-
d mains for IN only 10 hear and deter
4 mine the cases on their merits, Tn
o members OF this house are made tn
- judgel Of election and qualification
q Of the momhcrs. aud arc thereby con
J, stitutei complete tribunal 10 hea
q and determine said cause. having IN
Il Inherent power 10 ADOPT such rules @
o 1t pleascs pa 20 the conduct of tn
10 trial OF same
10 Therefore We respectfully ask tina
4, tho report OF the minority OF said CON
4 mltten be substituted and adopted IA
O tn" majority report and also thut cac
r contestant and Cnutcgtcp be allowc
Z. / tho privilege Of being heard on IN
n Moor Of this house. either IN person q
r. by attorney on the questions involve
10 In this report
s. We ask that said committee ON pri,
It lleges and elections DO again, as the
II have heretofore been, instructed 10 pr,
= coed at once 10 investigate all matter
md things complained OF by contos
N ants above named, aud TO report
" THIS house result Of thls investlga tioi
~ nttor giving all parties a fair hearln
l. and all matters a full and fair invel
S- ugatiou. We believe this Is right. an
we believe It Is the law. and niece,
1t sary that Justice may he done
q: CuREToN.
q. SMITH
Nc After Mat, Buck Walton had state
W his proposition that there are Runlclep
q laws ON the statutes TO enable IN
b. house OF representatives to Judge IN
qualifications Of its members that tn
O.. house ~ clothed with all the poWe
NJ 10 keep It's body pure the special oil
NJ der was by two-thirds vote suspend
b. cd, and tho following resolution offere
Il. by Mcssrs. Morrison Dashlcn an
N Ward Rs substitute for the pendiu
majority and minority reports:
Z. 'Whoroas, the question has been raii
p cd as 10 whether or not there ia a cor
NJ sltutional law In this state giving az
n, thorlty to this house to entertain
nj contest brought by a PERSON clalmin
X, 10 have been elected by the majorlt
At OF electors In a particular representa-
to tive district while some other perso
,u has been awarded the certificate 4
m election, and whereas, certain person
G. now claim To have been legally cl.ate
ly by the majority OF the voters in eel
tain representative Districts. while tn
n certificate OF election has been award
N cd another person or person. who.
o. f. claimed. are not legally entitled I
p receive said certificate OF election, an
DO whereas, i, Is clearly contemplated 3
10 our organic law, and by the nature an
IL imaTinn n Iha tl.