HOW CONTESTED ELECTIONS ARE SETTLED.

“Each house shall be the judge of the elections, returns, and qualifications of its own members.”—­Constitution, I., 5, 5.

A contested election resembles very much in its mode of settlement the trial of a civil suit.

1.  Within thirty days after the result of the election is made known, the contestant must serve upon the person declared elected by the canvassing board a notice of intention to contest his seat, and the grounds therefor.

2.  Within thirty days of receiving said notice, the member-elect must answer it, stating specifically the grounds of his defense, and must serve a copy of this answer upon the contestant.

3.  Ninety days are then allowed for the taking of testimony—­the first forty to the contestant, the second forty to the member-elect, and the remaining ten to the contestant for testimony in rebuttal.

Testimony may be taken before any United States, state or municipal judge, notary public, or by two justices of the peace.  The opposite party must have due notice of the times and places of taking the evidence; but testimony may be taken at several places at the same time.  The witnesses are summoned by subpoena served in the usual way.  The examination of the witnesses is by the officer issuing the subpoena, but either party may propose questions.  The questions and answers are committed to writing, and authenticated.

All the papers in each case, certified, carefully sealed, and the envelopes indorsed with name of the case, are sent by mail to Washington, addressed to the clerk of the house in which is the contested seat.

The matter is referred to the committee on elections. [Footnote:  This is the oldest of all the committees, having been established at the beginning of the first congress.] This committee having carefully considered the matter may bring in its report at any time, this being what is known as a “privileged question.”  The decision is by majority vote of the house interested.

In the meantime the person who has obtained the certificate of election from the state canvassing board is presumed to have been elected, and is treated accordingly.

In order that lack of means may not compel a man to submit to a wrong, and that the real will of the congressional district as expressed in the election may be ascertained, the contestant may be allowed not to exceed two thousand dollars for expenses.

HOW AN IMPEACHMENT CASE IS CONDUCTED.

“The house of representatives ... shall have the sole power of impeachment.”—­Constitution I. 2:  9.

“The senate shall have the sole power to try all impeachments.’—­Ib., I. 3:  6.

“The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”—­Ib., II. 4:  17.