State ex rel. Barber v. Circuit Court for Marathon County

The sole question presented in the action brought in the circuit' court was one relating to the qualifications of the relator, Mr. Barber, to serve as a member of the state senate.

The language, “Each house shall be the judge of the elections, returns and qualifications of its own members,” found in sec. 7, art. IV, Const., expressly makes the state senate the proper tribunal to determine all questions concerning Mr. Barber’s qualifications for service in the office in question. It necessarily excludes the idea of any other tribunal passing on such a question, for, plainly, a decision *483by the…