Evening star., 1922-12-24
PLAN TO HAVE COURTS
HEAR ELECTION CASES
Taking Contests Out of House Would
Expedite Decisions and End Much
Political Scandal.

OF this character should be passed &.
70 AVOID delay In having the contested
es,on cases disposed of. In case Q
man is unseated now a double SALARY
is paid. There is a great deal of adj
verse criticism. but the theory is tha
II a man is entitled to his seat he Is
entitied to the salary, and that the
man VINO has the seat is entitled To
orAw the salary until IT is proved tfs
someone else is entitled to the seat
Ctherwise the situation would be tina
| tne district would have no renre
sentative seated in the House.
During the eight years that I have
teen tIon engaged In this contested cleo
,onai delay. The committees have
oone the best that could be expected
10 expedite action
Representative @ Dallinger introduced
4 PHI, which passed the House, err,
Dodytns in the law the rules which
the three election committees decdSe1
upon Tor expediting consideration
unoer existing practice. Under eYis,-
ing law. Mr.. Dallinger explaine if
no.n parties to contested election
ease take all the time the law allows
them IN the pleadings and trials ~
the case and the COMMITTEES 10 wb,cb
ene case is referred gives real thor
ousn consideration to the testimony
q contested election case cannot wei
.on1r peIore the House for a year and
Why Election Cases Dras.
IN some cases. he points out, where
committee delays its final action :,
oroer TO be fair to one OF the two
parties. as was the the case in III.
recent Virginia contest, Paul Ss
harrison, where additional time wa.
given to the contestee, Judge Harri-
son. to introduce certain tables or
ngures: or where final action OF IN.
committee is postponed because Of
unavoidable absence OF some of the
minority. as was also the case in the
Virginia contest: and when a reeess
or congress takes place, as was siso
the case for Six weeks. in fhs VI
gina contest. it may be two vears
oeaore case is reached by the Horse
III oroer, therefore, to avoid this de-
ta!, whIch under the present system is
tons rse extent unavoidable. some sys-
.sm oy which judicial detern1ination
OF the law and the facts can be made
ana submitted to n new Congress- M
.ne neg1nning Of its first session is
GeEalnly to be desired" Representative
,hger addi,,sg = says Of course. there is the
auuitiohai consideration that such :,
method would undoubtedly do away with
.i'e c1arge that partisanship enters into
OF these cases by COMES.
no matter how baseIess the charge rnsr
b., The The trouble with the bill introduced
uy MI. Mccall OF my state" Repre-
sentative Dallinger finds, SIS that II
leaves the existing statutory provisions
IN regard to the filing of the pIeadinrs
taxing OF evidence and filing of briefs
unchanged: which provisions are re-
sponsible for most Of the delay in IN.
disposition Of these cases.
Would Simplify Practice.
Il have introduced a blll," said MIR.
Daliinger. which would repeal existing
aw IN regard to the handling of contro
Verted election cases and provide tha.
within ten days of the final termination
IF the election by the state autbor,.;.s
ne contestant should serve notice Of his
contest on the contestee and file a copv
II the same with the clerk Of the House
II Representatives. as at present. and
llso with the clerk of the United States
district court Of the district in which
he contestee has his legal residence.
would then provide for giving the
ase preference and having it speed
he judges of the circuit court or an
eais OF the entire country, which rules
mould be uniform throughout the United
tates would also provide that IN,
lection cases might be tried before !,
eferee appointed by the judge OF the
istrict court with an appeal to the
1dge on questions Of law involving ad-
instability OF evidence, etc. 1 would
ave the judge of the United States
istrict court make a finding both as
tne law and the facts. as to who was
ntitled to the seat. which finding must
forwarded to the clerk Of the House
efore the commencement of the tern
the new Congress. In this way there
ouid be finding by judicial tribunal
all contested cases in the hands Of
ongresS when each new Congress con-
ened.
Final Decision With House.
"of course, each house of Congress
as absolute constitutional power 10 de-
rmine the elections returns and uuali-
cations of its own members. These
1dings Of the court, however, would in
y opinion in most cases be followed
tie committees on elections and by
% House itself. This has been the ex-
rience in Great Britain where for
any years contested election cases in
e house Of commons have been de-
rmined in the first instance by elec-
IN judges. and the decision Of those
dges has invariably been followed bv
e house, although, OF course. tn.
use of commons. the same as our
ouse OF Representatives. has absolute
power to determine for
elf"