Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1848-07-15
GOV. sHuNk.s RESIGNATION AND tn

GOV. sHUNKss RESIGNATION AND THE
ELECTION OF HIS SUCCESSOR.
We observe that the question is agitated
in Philadelphia as well as here, whether ar
election can be held for Governor at the nex'
election. The constitution provides that the
election shall bs held 'sunless such death re-
signation or removal shall occur within three
calander months Immediately preceding such
next annual election" The election law en-.
acted under the constitution provides that the
writ for the election shall issue at least three
months previous to the election. Now the
resignation of Gov Skunk took place three
months and one day previous to the election,
in which case the constitution requires his
successor to be chosen at the next annual
election. No act of the legislature can altel
the constitution, which is the fundamental
law of the state. The requirements Of the
election law in this case cannot be complied
with. They are Inconsistent with the provisions
OF the constitution. Supposing the Governor
had suddenly and unexpectedly died on the
day he resigned, and that intelligence of the
fact could not be transmitted to Mr.. Johnston
the speaker, for week, would any lawyer
contend that an act of assembly, requiring an
impossibility. should nullify the provisions Of
the constitution.
ceived the Philadelphia Daily News, from
which we make the following extracts. Mr..
Sanderson, the principal editor, is lawyer,
and whig of the high pressure order, and
occupied seat in the Senate with Mr.. John
ston last winter
"Doubts have been raised, by some of our
contemporaries, whether an election for Go.
vernon can be held next fall.
The Constitution of Pennsylvania Art. H.
Sect. xiv. provides
sin cnse of the death resignation of the Governor,
bis removal from Office the Speaker Of the Senate shall
ercise the office of Governor anoer Governor shall bt
duly qualified but in such another Governor shall b,
chosen at the annual election of Representatives,
less such DEATH resignation removal shall within
three calendar months Immediately preceding such next
nua election in which Governor shall be chosen
the second succeeding annual election of Representatives
The General Election Law of July2, 1899
section XXXIv, in reference to the part of the
Constitution first quoted, provides:-
SIN any vacancy shall in the Office of Cover
OF this Commonwealth, than three calender month";
proceeding the second Tuesday in October in an,
year, it shall be the duty of the Speaker the Senate
whoever shall be in the exercise of the office of Governor
to his writs the shers of the counties
quiring them give the usual notice that election
supply such vacancy will take place the second Tuesday
in October next thereafter and when such vacancy
within three calendar months before the second Tuesday
October it sa be the duty of the Speaker of the Senate
whoever shall be in the exercise of the Office Of Cover
nor issue his wrs aforesaid requiring notice sucl
election the second Tuesday in October next after t
issuing of said writ and in each said writ shall ISSUE
at least three calendar month before the election"
1t is urged that inasmuch as the Governor
resigned at so late day as TO preclude al
possibility of the information reaching Mr.
Johnston in time to comply with the act Of
Assembly, requiring the writs for an election
to be issued three calendar months before the
second Tuesday in October next, that no cleo
ton can take place. We cannot concur in
this opinion. We think it more than proba.
BILE that the intelligence of the resignation OF
Gov. Skunk reached Mr. Johnston in due
time to issue the writs required by the act OF
Assembly. II is but fair to presume tha:
upon the resignation of the Governor being
filed, the Secretary of the Commonwealth
took immediate steps to apprize MIR. John.
ston of it. By telegraphing a despatch to
Pittsburg on Sunday evening, (which we pre-
sumo was done, and sending an express i'm
mediately from that place to Kittanning Mr.
Johnston might have been informed, before
ten O'Clock on Sunday night, of the step ta-
ken by the Governor. If he was thus appri-
zed of the fact, then there can be no doubt
but that he promptly issued the writs requir.
ed to be issued by the act of Assembly.
But, in our humble judgment it matters
not whether they were issued or not. The
mandate of the Constitution would still have
to be obeyed. The provisions of that instru.
ment are Of paramount force and obligation
to those of the act of assembly, and the lat.
ter must therefore give way to the former
~ On our last page will be found lively
sketch of John Van Buren,, son of Ex-Presi-
den, Van Buren,, who has become somewhat IA
nous of late, as the leader of the Barnburners
in New York. He is undoubtedly a Young
man of fine talents, and has the reputation of
being one of the best stump speakers in
America. His handsome person and prepos-
sessing appearance, made him highly popu-
lar among the fashionables, in England,
few years since. 1t is said that he will visit
and other places in the state
shortly, to address meetings in relation to the
Presidency. Robert Tyler son of Ex-Presi-
dent Tyler will follow him and take the
stump in favor of Cass and Butler. Mr. Ty-
lor is an able and effective speaker. We
should like to see and hear both gentleman,
and hope they will visit this place, or neigh
borhood