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Show "J I i, LORIMER CASES IN ENGLAND. zM i (I ' Another reminder of the services i 'r of the courts in determining such ' 1 cases as that which Is vexing the sen- ', ;I ' ate of the United StatCB la afforded II fr y tue procedure rosultlng In the re- I I' tiiement from parliament of an under I secretary of slate In the home office. I ill L,ast Febniarv Timothy Healy was kwRj successful In ousting the Redmondite lllp who had apparently captured his Mm " scat at tho polls, a law court dJspos- K ing of the contest, A few weeks ago 58 Ih- a prominent unJonist was deprived of his seat, greatly to the chagrin of some members of his party who had listened comp'acently to the professed grievance of sorao liberals that the judges chronically favored unionists in contested elections. In the caso of tho under secretary the member Is held blameless of participation, U the corrupt practices which the judges find influenced his election; but his ieat is ordered vacated. The distinction distinc-tion is the traditional rule In congress in such instances. A member may be unseated If corruption has worked in his behalf without his knowledge orf intent, as when he is himself Ha'ble for the employment of wrongful "motnoVTs'. It would undoubtedly be an imprbV- ing practice if such cases wsio lqtt j to the courts in this country Partis- J anship notoriously figures lnr their de termination in the legislature, but there is no reason to believe that cither the "defendant" or the body of which hp is a member-elect is favored by the circumstances that the case is reviewed more liberally or more nar-rowlj nar-rowlj as may happen, than bv the i due process of law Illustrated In the courts. It may be believed that, In N the general" run of. cases the cojrts1 would be able to serve exact justice as well as" conclude the business more expeditiously than Is the habit of the legislature whilo the latter would be relieved of what is often nn unmiti-gated unmiti-gated nuisance. It is the occasional experience that the legislature will not trouble, to consider a case unless It is grievous, or unless a narrow majority ma-jority In the body itself makes a decision de-cision Important to the organization of the house. It would be interesting to know how tho Invariable rule in this coun- try"jtl that "oach house shall bo tho .'judge pf Jlic" elections, returns and qualifications of its own members," was originated. In the federal constitution consti-tution It seems to have been inserted by the committee of detail without preliminary suggestion from the committee of the whole. It appears that in England, so early as tho tlrus of England, so early as tho time of James I, the Coramond finnlly vindicated vindi-cated their authority to adjudicate contested elections, against the king's Insistence that they be heard in his .own court of chancery. - At - some , r time thereafter the Sseue was transferred trans-ferred to the common Jaw courts; and, since the rovers of parliament are boundless, this must have happened on cqnsideratiqns of oxpedieney. Providence (KI.J Journol. .no , |
