Evening journal., 1914-09-30
continued from First Page.

COntlnueQ from F1ISt rage.
necessary the issuance of a writ
for a special election to fill such
vacancies by the speaker of the
House. Such writs, If issued,
could not be acted under by an
election, so that any person elect
ed to fill such vacancies could sit
at this session Of the General AS
sembly. Thirty days OF upwards
would necessarily elapse subse-
auent TO the issuance of a writ of
election before such election could
be held. In the meantime, the
term Of such Office would have ex-
pired by the recurrence of a gen.
eral election, and in no event
could the persons so elected par
ticipate in the present. session.
We are also perfectly clear that
should the House, upon a con-
sideration Of this Constitutional
provision and OF the fact Of the
designations of Messrs. Swan and
Cooper from their Federal Offices,
determine that they we're quail
fed to sit in the current special
session Of the General Assembly,
such resolution of the House
would be final and conclusive
upon the question, and that at no
subsequent time and in no other
tribunal could such decision Of
the House be questioned.
We would say that there is no
authoritative construction by any
judicial tribunal Of the phrase
ology OF the fourteenth section of
the second article of the Consti-
tuition, which provides that no
person shall be a Senator or Rep
resentative during his continu-
ance in an office rnder the United
States, or any language which
closely corresponds thereto. The
language in question may be read
lily open TO two constructions,
one of which would give effect
to the designations Of Messrs.
Cooper and Swan and would give
the House an opportunity to de-
class them ineligible Will eour
opinion might incline to the con-
clusion that their right to sit un-
der all the circumstances was
doubtful, yet the General Assem-
bly, is IN no respect bound by
such q view.
The House of Representatives
undoubtedly has the right to de-
termine whether Messrs. Cooper
and Swan shall sit and partici-
pate IN its proceedings, or not
Section 8 Of Article IL provides:
Each House shall be the judge OF
the elections, returns and quail
fications of its own members;
and a majority of all the mem
bers elected to each House shall
continue a quorum to do busi-
ness" This power of the House
to Judge the qualification OF its
own members, is one which they
can exercise without limitation
and wholly without control by
any other department Of the State.
Any decision arrived at by the
House with reference to the
qualification of its members to
sit is final, and can never be
questioned under any circum-
stances or in any tribunal.
Should the House Of Repre-
sentatives, correctly or erroneous
". decide that Messrs. Swan and
Cooper had a right to sit and
participate IN its proceedings
such action Of the House and th'
fact that such members did II
fact sit and participate in It.
proceedings, could have no ef
feet whatever upon the validit,
or invalidity of any Legislation
passed by this General Assembly
If the House Of Representative
decide that Messrs. Cooper anG
Swan have not the right to 81
and participate In the proceed
ings of this General Assembly
and their districts are deprived o
representation at the session o
this General Assembly such deci
sion of the House of Representa-
tives and the failure Of sal
Cooper and Swan to sit as Rer
resentatives from their district
would have no effect whatsoeve
upon the validity of any legisls
tion passed by this General AS
sembly.
Should the Speaker Of th
House, Notwithstanding the II
tility Of such a proceeding, isst
writs OF election to fill any VI
cancies declared by the house
the Offices now filled by Messr
Swan and Cooper, the General A
sembly could unquestionably pr
ceed with its business in Il
same way and with the same for
; and effect as if said vacanci
had occurred.
p We find. relative to the fifl
question, that there are two lin'
of authoriues-one of which wou
= hold that a resignation is not G
- fective until accepted. This a
s pears to be what is called u
common law doctrine. On the OF
Z er hand, courts of equal weig
and responsibility decline to
q bound by such a doctrine and d
eide that the power of resignii
q must rest with the officehold'
= and that when he had exercis
his right to resign, IL is conclusi
. upon all persons concerned. '