The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-19

Democratic public? Nothing. pra ctl-
cally nothing. Hence Mr.. Bryan has
said that we would do better to wait
some time before canVassing the Iner-
it's or dement's of particular candid
ates, in the same connection referring
to references in the talk of the day
to himself as a possibility. Mr.. Bry-
an deprecateS premature gossip elm
er as TO himself or to others iii con-
Inection With the presidential nomina-
ton for 1908. 1t is certainly wise in
a leader occupying such a commanding
position as he does to refuse to en-
courage mention of a subject not yet
ripe for action and consideration OF
which may result in injury TO Doth the
party and the man prematurely named.
Just as it is premature to canvass
candidates now so it is premature 10
canvass at this stage too seriously the
issues that may arise in 1908. 1T IS
\ far CRY to Loeb Awe -Four years
nearly. will intervene between this mo-
ment and the time for the adoption OF
q platform. We can afford to wait
two or three years before making con-
sideration of these questions acute.
Contested Elections.
Congress will ybe called upon to de-
eide at a future time upon how 1t shail
deal i'm q better way less partisan ana
more lust and reasonable, WITH the
ouestion of deciding contested elec-
tons in the House, perndnS IN Doth
Houses. The English Way IS usualy
suggest ed-the references to court OIL
law already in existence. or course
no matter what be the remedy adopt
ed if will have to be in accordance
with the Constitution or the Constltu-
tion he amended If the courts OF
law are invested with the consldera-
ton of these contests they would nave
to be referred to the House, or IL IN
the other body, to the Senate, llSell,
for final action, or each house OF con-
gress is the judge OF the election anu
qualifications of the members Thereon
under constitutional provisions. But
there is Il meth )I of thriving a; Il
comparatively fair and non p*.nsan
decision in consonance with the 'SoE-
Stitution and received IDEAS of sound
policy. 1 do not know that il mas
been discussed except as l have today
praised it and heard it commended by
a few thoughtful persons. 1t occurs
to me-and 1 have given much at
tention to the study of abstract poh-
tics and practical administration OF
eovernment-that the very best plan
to adopt to meet all the ends in view
is this Let Congress enact law FOR
the organization of 4 special court C"
&C nlmission composed, say, of sever o"
rsne nle.lbe chosen by Congress,
three from one party or -four az the
case may be, and tree o.: lou" nom
the other party by the canvassing com
mittee OF the respective parties, the
six or the eight so chosen TO select
the odd member. and all of them to
be persons of skill and knowledge in
the election laws of the United States.
This would imply that they had been
either members of the election con-
mittees of the Congress at some time
or attorneys practising in contested
election cases before such committees
or professors of law who had given
special study to contested elections in
Congress or students at large Of cleo
ton contests in Congress, having
qualifications for judgeship. Salaries
should be paid adequate to the dig
nifty, value and necessities of the DO-
sition. No one should be selected
from Congress itself or who voted for
the law in question. The advantage
of this tribunal over a courL of law
is transcendent. The ordinary court
is usually already overloaded with
work of its legitimate sphere to dump
down on it such business as is pro-
posed is TO still further increase it's
burdens, and Their the law court is not
usually presided over by man having
the necessary knowledge of the Ques-
lions involved in these cases. He
would have to study to fit himself for
the duties assigned, and has no time
for such study and perhaps no apti-
tude, whereas, the special court of eX-
perts has both. My plan includes a
reference to the court, or commission,
appointed on good behavior or for
life, or it may be, for a long term, if
deemed more desirable; a decision of
the cases referred, and report in each
one, sent back to the House whence
it originated for action. The elections
committee would then have to make
report TO the House with recommen-
dations The precedent for this is the
action of the Congress in the matter OF
war claims and other claims referred to
the special court of claims.
This method is certainly far less
Objectionable than that Of referring
such contests to courts of law, as the
British House of Commons procedure
in such cases is. 1t obviates parti-
sanship as far as it is constitutionally
possible to do, and possibly as far as it
is practicable to do. | throw it out for
the consideration of the lawyers in
the North Carolina delegation to
ponder and for the consideration of
such eminent publicists rs Chief JUS
tice Clark.
w. r. McNair and Mrs. McNair, of