The age-herald., 1902-05-13
Bowie's Excellent Work as Mem
 Der of Elections Committee No. i

full contradiction, that in the lifetime of this committee. which is the oldest one of this House, there never before has been a case in which evidence of this character was admitted or sought to be held as competent by the majority or the minority.
 '"rhe rule excluding hearsay evidence of this character to which we have ap- pealed belongs to one of the few in elec- ton cases which is sustained by an un- broken line of precedent. But of the au- thority of text-writers, if the adjudged decisions of this committee and of this House. and of the English Parliament are not sufficient to establish the con- tention that hearsay evidence of this sort Is inadmissible, we may fortify 1t by the decision of a judge in a case where party passion had no chance to enter and whose unsullied name and high character and great ability are conceded throughout this nation. We refer to Justice Brewer of the Supreme Court of the United States The decision was rendered when he was on the bench of the Supreme Court of Kansas. The question grew up out of an election to remove a courthouse, in the case of GiTleland vs. Schuyler, 9 Kan, 396
 Pursuing his arguments, Congressman Bowie Aconcludes in these words of great force:
 ''We are inclined fully to agree with the committee that partisan prejudice may cclor its judgments and want of wisdom may make its decrees unsound.' But we deny that it is within the rightful power of the House of Representatives either to annul or set aside of its own motion. in a collateral proceeding like an election contest, the laws of a sovereign state or to abolish the rules of evidence handed down to us from time whereof the mem- ory of man runneth not to the contrary and approved by the wisdom of ages It Is true that there is no appellate court other than the great tribunal of the peo- pie to which cases of this character can go.
 ''But because of that fact we submit that the House of Representatives is none the less bound by the terms of the constitution and the law of the land be- cause it happens that it has final juris- diction in cases of this character. The Supreme Court of the United States has, in certain cases, original and, therefore. of necessity final jurisdiction. But will 1t be oontended that the rules of evidence which apply to it in the exercise of its appellate jurisdiction have no application in the exercise of its original Jurisdiction? Because this House exercises a jurisdic- ton both original and final is no reason why it Is at liberty to disregard the law of the land under the fiimsy pretext of doing justice. It has no authority to make the law; it has no right to break it."
 Congressman Bankhead and Mrs. Bank head have departed for Alabama and will arrive in Birmingham Tuesday night. Mrs. Bankhead returns to the family home in Fayette to remain for the sum mer, and Colonel Bankhead goes thither head and her youngest son, Lieutenant Henry M. Bankhead of the Twentieth Infantry. spent the past week in New York visiting friends. Lieutenant Bank head has rejoined his regiment in the Columbus Barracks, Columbus, O., after a fortnights furlough. He will take his leave of absence later beginning in July.
 LUCIEN JULIEN WALKER.