The Washington herald., 1911-01-22

What has recently occurred in the leg
isIature Of West Virginia reflects but
little credit upon the State. and sug-
gests some very unpleasant possibilities
Fifteen Republican members of the senate
fled to Ohio. and for time successfully
secreted themselves. Their object was
said to have been threefold: First. to
United States Senator'S: second. to escape
arrest by the sergeant-at-armS Of the
senate to compel them TO attend ses-
sions of that body, and. third to prevent
one or two IF their number from break
ing their pledges not to assist in the
organization of the legislature. Every
one of these m" tiveS wits, in the highest
degree. improper. if not dissracefuI
The legislature. being Democratic upon
joint ballot. should have organized
promptly and proceeded to perform its
constitutional function OF electing two
Senators to the Congress of the United
States. Any effort to escape this plain
duty is unpatriotic. and. if praCticed gen.
erdllN ny tile states vi tiie mon. Nouln
cripple. if not destroy. the Senate itself,
and paralyze the legislative branch Of the
national government.
Daniel Webster, in his reply to Calhoun,
on the 18th day of February. 1Scs-tho
strongest argument ever delivered by him,
and possibly by any other man-poin: I'd
out that members of the legislature could
not avoid proceeding to elect Senators to
Congress without a direct violation OF
their duty and their oaths-such viola
tion as would break up any other govern
n'ent. He emphasized the fact that under
the constitution of the United States no
man could he member of State leg
stature without liking an oath I" sup
port the Constitution of the United States.
which requires legislatures. among other
things. to elect United States Senators.
He showed that III" obligation Of this
cath rested uNon the individual cor
legation derived not from any state hut
from the will # tho people Of the whole
country. as expressed in the national Con
Stltuti0n. The members of a legislature
have no more right 10 diSorcaniZa such
dy than the members Of Congress
would hav" to refuse 10 convene at the
proper tim" and perform their constitu-
tional functions. failure in one case.
as in tn" other. would he a treasona bile
neglect Of official duty which would in
EN-Ir hi for .f.h
ing consequences. and which public opin-
ion should condemn as it would any other
act Of hostility to orderly government.
II fifteen members of the legislature
may flee from their state. we see no
reason why all the members may not
do likewise. and so put an end to rep
resontative government in that State. Re
ing beyond The reach of the processes Of
tn" courts of that state. they could in
effect. for the time being. abolish the leg
islaturc- They may NOT only leave the
State without representation in the United
States senate. but may fail {" make the
appropriations necessary for the continued
performance Of tho functions of State
government.
The report that the governor encoura Ged
the flight of these fifteen senators. if true
demonstrates his unfitness for that posi-
tiOn. The rumOr that the Federal office
h. lderS of the stat were involved in
tn" plot should he thoroughly investi-
gated without delay. and effective steps
taken by the executive branch of the
national government TO put an end to
such ahominahlc proceedings for all time
to come