The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-02-11
THE PEOPLE WARNED,
An Attack on a Constitutional
Safe Guard
By the House Committee on
Elections.
A MINORITY REPORT
In Which Attention is Called to
the Danger.
A Judge to Have the Power of
356 Men.

WASHINGTON, Feb 11.-Represen nta-
tives Beckner, Lockwood. Brown and
Jones, members of the elections commit
tee, have united in a minority report
against the bill reported by the majority
giving to the United States district
judges the jurisdiction to determine the
prima facie right of a member-elect to
his seat pending final decision by the
house itself.
The argument of the majority, the mi
nority asserts, is really directed against
the wisdom of that provision of the con-
stitution which makes each house of con-
gress the judge of the election re-
turns and qualifications of its
members. at is,' said the mi
nority, ian insiduous and dangerous
assault on what we consider one of the
most precious safeguards of the rights
and liberties of the people. 1t is SER
ious impeachment of our system of pop
ular 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.
"It is confessedly an effort to break
down the barriers between what were in
tended to be separate and distinct de-
partments. 1t assumes in terms that some
obscure judge who may be the accident
of executive selection or perhaps
the beneficiary of the diligence
of some special interest, having
influence with the appointive power, can
give to his dictum such force as would
subjugate the so-calIed prejudices and
passions of the representatives of the
people and compel them to accept his
decision as final and conclusive in all
cases of contest.
ut is a glorification of that department
of the government which is of more re-
cent origin in our system. and degrada-
tion of that which the founders of the
republic considered most important"
Some attention is then paid to the mie.
nority as to what it thinks might be the
result in the event of the passage of the
! bill. The argument is made that one
man could control the political complex
ion OF the house. "It is reported" said
the minority, shat there are
five seats in the next house
from Virginia to be contested.
Four of these will come before the same
| Judge Again in Kentucky there are
eleven districts, and the state has but one
the members from that commonweal
might at the same time be contested.
IF there were a narrow margin be-
| tween the parties single officer might
determine which party should organize
| that body and thus tor two years control
the legislation of congress affecting the
prosperity and happiness of 7O,OOO,OO0
people. This is tremendous power and
not to be lightly conferred"
Respecting the contention of the ma
jority relative to the settlement of con-
! tested seats in the English house of COM
mons by the courts, the minority argues
that the condition in this country and
England are different In the latter
country members of parliament receive
no compensation and the expenses of a
contest are unbearable. Prior to 1870,
there was no pretense of fairness in dis
posing of a controverted election case
in the house of commons. 1t was under
stood to be a mere party question on
which the strength of contending fac
tions might be tried.
I'VE have" the minority asserts,
reached such stage here"
1t is pointed out that in England con-
troverted election cases in the house OF
commons are referred not to a court OF
one judge, as in the bill reported by the
majority, but to the judges of the queens
bench of the high court of justice, 9
thing, the majority says, that cannot be
done in the American congress because
the constitution provides otherwise.
Summing up. the minority believes
that the bill is unconstitutional, that il
is an invasion of the rights of the states
that it violates one of the boasted and
most esteemed features of our govern.
mental systems, to-wit: A rigid separa
ton of the executive, legislative and ju
dicial power and that it would have 1
tendency to strengthen the growing feel
ing of distrust among the masses of the
people.
The report concludes: "During the
labor troubles of the past few years tht
| United States Judges have been called
upon to play parts that have not in
creased their standing in the popula
favor, and we do not think it wise to bur
den them with other dangerous respon
sibilities in order to relieve this house O
a duty imposed on it BY the executive.