Smith v. Polk

By the Court.

In support of his first position the contestee relies upon Sections 1 and 5, Article I of the Constitution of the United States, which provide in part as follows: “All legislative power shall he vested in a Congress of the United States which shall consist of a Senate and House of Representatives.” Section 1, Article I. “Each house shall be the judge of the elections, returns and qualifications of its own members, * * *.” Section 5, Article I.

In support of his second position the contestee contends that “Sections 4785-166 to 4785-174, inclusive, of the General Code of Ohio, in so…