Year: 1874

WHAT NEXT?


AS seen 10y dispatch in THE HER.
AID yesterday, the Supreme Court ol
this State has decided the election law
to he unconstitutional, on the single
point that the election ought to
have been held four days instead Of
one. That 1t is a wrong decision ninety
nine hundredths of all the legal talent
in the State affirms. 1t was irregular
and, we believe, illegal for. the Court, in
an &C parte habeas corpus case, to step
aside and decide grave constitutional
question directly uprooting, if obeyed,
the exclusive powers and prerogatives
of the Legislative, distinct and CO.
equal department of the government.


But the immediate point involved,
outside of general Jurisprudence, is a
high political question, over (which the
law making power, that is, the Legis-
lature and Governor, hold exclusive
jurisdiction to the exclusion of the
judicial department. Each house of
the Legislature, by the organic consti-
tuition of every State in the Union, in
Guiding Texas, is the exclusive judge of
the election and qualification of its
own members. For the judicial de-
partment to usurp this prerogative by
any sort of proceedings, but especially
by sort of incidental or collateral
ruling, in an ex-parte case against a
man charged with a criminal offense,
is virtual assumption of despotic
power in that branch of the govern
ment to which no limit can be fixed.
1t is at war with the fundamental
principles upon which our system Of
government is based.


We hold that this decision in strict
ness of law, is a nullity and has no
binding force; that the newly elected
Legislature, sprung directly from an
unprecedented majority of the peo-
pie, should meet, organize and proceed
to business, and, If Governor Davis
recognizes them, there can he no possi-
BILE trouble; but whether he does or
not, the Legislature WILL or should, pro-
ceed at the proper time to open and
count the vote, declare the result, and
at the time they consider constitu-
tional, inaugurate Governor Coke. AS
to the time when the Inauguration
shall take place, our views are clear,
but there is at least pretext for diff
ference of opinion on the subject, and,
as it only involves period of three
months, the public liberties will not be
endangered by taking either view.


We, therefore, urge every new men,
ber of the Legislature to be promptly
on hand at Austin on next Tuesday,
January 13, with his certificate of elcc-
ton, ready to be sworn in and take his
seat. II


AS to our suggestion yesterday of the
propriety of u few Of the members of
the last Senate and House being pres
ent, to act as circumstances may indi-
cate, in case of dernier resort invOlv-
ing the public rights, we still think it
a proper measure of precaution in times
like these, when it is. impossible for
thinking men to have that confidence
in public affairs which ought to exist
in every constitutional government.
Their presence in Austin can do no
harm, but may, in possible contingen-
cies, he desirable.


Despite all that has been said and
done, we repeat what we have SO often
said before, that the late election was
lawfully and constitutionally held,
that the newly elected Senators and
Representatives will be constitution
ally the Fourteenth Legislature, that
Coke Is our next Governor elect, con-
stitutionally and legally, and that the
judicial department has no right to
arrogate to itself the peculiar preroga-
tives of the legislative department.
The opposite view leads to despotism,
and makes three men, called Supreme
Judges, masters of the rights and liber-
ties of the people. And in this view
we are sustained by the ablest and
purest men in the State, of both politi-
cal parties.


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