Show CASE Authority of o Courts 00 to Hear Legis is heth r the Judiciary of the state has baa aa tire the right under udder the constitution to hear testimony Jp an IUt election ejection contest conte involving lag ing a set seat In Ju the legislative branch banch when t the constitution that enen house of ot 0 the legislature be the judge of ot tn the e oD and ca on of ot mem m hers bent was the t e which occupied the attention ot of the supreme court yes yea In m the arguments in n the case o of 1 f Allison vs John ti ci M Barnes The case cue came CaDe up on appeal from irom Judge s court oit ou the sustaining ot 01 a that thai the district court is with without withoUt out jurisdiction to try and determine a acq contest for tor a seat deat in the tee state eLate senate the returns trout rom tan Ule Third senatorial district comprising the counties ot 01 Rich Morgan and Dava showing his election over Allison The contest t was Instituted in the lower court t n the grounds grenada of mini mat ma conduct on the part of certain of the I election Judges the reception of illegal I votes errors errora In counting the votes otes cast for state senator and errors by one of i tee boar of ot canvassers in declaring the ther r The sief asked aked for from the court in involves I the hearing of testimony as to the matters alleged Including the hives h ves of the returns return and comparing comp xing tem t em with the votes cast In certain pre elects Mr Ar Barnes Har was declared elected by a majority of ot one and given giyen his ocr ot ni t tion but hut his nig hi opponent on the r Republican ticket claims mat tant an Of nw recount wW will show o him entitled to the certificate of election by a majority of or t enty onty The o amy uy question que tion raised from the rul rut ing lag of the lower court and presented to the supreme court is that of ot o the tion ot the judiciary to entertain an elec ele tion contest when the office involved Is that of a member of or the legislature A related question que is the constitutionality ot of the kw authorizing authorising contests in court courton on the election of a member of the legis legislature lature The arguments on behalf of the apel a pel lant hint were made by E B B Critchlow ani P I L h Williams William and on behalf of or respond respondent ent cot by O 0 W IV V Powers and J H Kurd Hard Attorney James H Moyle Mo le for respondent and D H Wenger V enger for tor appellant are as associated associated with counsel counse in the preparation of the briefs At the conclusion of the Ule arguments the Ir SU were taken under advisement by the court and an early decision is antici i |