Eastern times. [volume] (Bath, Me.) 1846-1857, 1854-02-02

INNhAPSoOO VI AScS IMAM u majority Oh OeHdLOrS,
were considered to bsafully enumerated in the
latter clause of the third section Of article four
ana part third, Senate so composed would be
deprived of the power to protect itself, to keep
a journal OF its proceedings, and OF the power
TO punlshzits own members or others tor OBJ
structlng its proceedings "
1t is not unusual to find language used when
a particular subject is under consideration,
which would be too comprehensive TO exhibit
tho idea intended, If not limited by the subject
occupying the thoughts. The subject then un-
der consideration appears to have been the
Legislative power 1t does not treat of stheir
organization. That had been provided for be-
fore 1t treats of their power TO do business
after they have been duly organized. That
language may, therefore, upon familiar princi-
/ pies of interpretation be regarded as applicable
only to such business as the Houses would re-
spectively perform after they had become or
| ganized, and not applicable to proceedings
required to procure an organization When
considered as thus restricted, and yet as hav-
ing its intended and appropriate meaning, there
is found no limitation of the authority of the
Senate, whether composed of majority OF the
Senators or not, to determine under any cir
curnstanses, and for all purposes, who are not
elected by majority of the qualified voters to
be Senators, and are eligible or qualified to be
Senators. t- -t..
TIA Senate so composed could not constitu-
tionaliy so determine, Senators legally elected
by qualified VOTERS and having the qualifca-
lions required for Senator's might be excluded
from the Senate, and deprived OF the rights Sc
cured to them by the constitution. If all va
capcies apparent from the proceedings of the
Governor and Council were to be filled by
joint ballot oil the members of the House and
such Senators as shall have been elected, those
Senators SO elected could not be deprived of
their seats by a subsequent decision of the Sen
ate alone. Those who are assembled to make
such elections by joint ballot. must of necessity
and by power fairly implied, determine who
have been SO elected, and when they have SO
determined, tho vacancies are filed according to
the provisions of the constitution, and the con-
stitutional right to be Senators is secured to
them Ii tho Senate alone could determine
that such Senators were not legally elected and
not entitled to their seats, they could annul the
proceedings of the body or convention author
lied TO elect them and to decide that they had
been legally elected. If this could be done
once, il might be continued to be done, and the
final organization of the Senate be prevented
for an indefinite time This would neither
comport with The language or intention of the
constitution The elections Of Senators, re-
speeding which the Senate is made the exclu-
sive judge, are such as are made by the quail
fed electors The election of Senators by a
joint ballot must be made from the "lists" of
persons voted for, and made by the selectmcn
and clerks Of the several corporations compos-
ing the district, or from copies of them. Per
sons whose names are not upon such lists can
not be elected. The Senate, while determin-
ING who are constitutional candidates, must
also be confined to such lists, and so must the
Governor and Council, while ascertaining who
appear TO have been elected. This does not
make such lists conclusive evidence who are
truly elected Senators. or who have the quail
fcations required for Senators. No person. by
such lists alone, can, therefore, be considered
as concIusively entitled to be Senator or as
certainly not entitled to be one, by an election
by qualified voters.
BY this construction, and By this only, upon
the facts stated, can the Senate be constitution
ally organized without considering some other
branch of the government to possess powers
not conferred upon il by the constitution, and
without depriying the Senate of power con-
ferred upon it.
The construction Of the constitution present.
cd by this paper will, under any perceivable
circumstances, enable the State 10 have a con-
stitutional government without comforting pow
ers upon any branch Of the government not
found 10 be vested in it by the constitution,
and without depriving any branch Of any pow
er conferred upon it, and will prevent any oc-
casion for a resort to government of necessity.
No other construction mas been presented lead
ing to such results. '-
BY the third section of article fourth and
part third, each house may compel the alien
dance of absent members in such manner and
under such penalties as each house may pro-
vide. This power is expressly conferred upon
each house when composed of less number
than quorum to do business. The word
members in that section appears to have
been used in the former clause respecting cleo
tions designating Senators who have not, as
we'll as those who have, been qualified and
been present as members of the Senate and no
sufficient reason is perceived why the word
should not have the same meaning in the latter
clause of the same section. The section would
then authorize a Senate composed of less than
quorum to compel the attendance of those
whom it obi judged to be mombers, whether
they had ever been present as such or not. If
this be not the true construction of the latter
clause Of that section, the Senate, after ma
jority of the Senators have been constitutional
ly elected, may fail to be organized and there
may be no constitutional government in the
State.
If the Governor and Council should ascertain
that a majority of the whole number of Sena-
tors had been elected, and should summon
them TO appear at the appointed time and place,
and a sufficient number to prevent quorum
should deny that they had been constitutional
ly elected, or should for factious purposes will
fully refuse TO attend, thereby to prevent quo
rum, those who should attend, being less in
number than should form a quorum, would
then constitute House or Senate expressly
authorized to compel the attendance of the alb ;
sent members.
This construction Of similar provision in
the constitution of the United States appears to
have been sanctioned by rules adopted by the
Senate of the United States, as stated in Jeffer-
sons Manuel, on pages "a and rs OF the edition
published at Concord in the year 1923. This
rule is said 10 be " in case less number than
quorum shall convene, they are hereby author
lied to send T" 'Gor any or all absent members 2
" And this rule shall apply as we'll to the first
convention Of the Senate at the legal timc of
meeting, as to each day ofthe session." This
rule as applicable /" to the first convention of
the Senate, = could not have been legally estab-
lshed unless the Senate, when composed of a
less number Of Senators than would form a
quorum had authority. by the constitution, to
compel the attendance of absent members.-
The Senate Of this State when so composed, to
be enabled to compel the attendance of absent
members, must determine who were elected
1t would be expressly authorized to act as a SEN
ate to determine the manner in which their at
tendance should be procured, and the penalties
TO be incurred BY their refusal to attend. 1t is
only by its acts as Senate, that number less
than quorani composing it could for such
purpose issue any legal precept, which must be
issued In the name and BY the authority of the
Senate. or could cause the legislature to be or
gained, OF could keep journal Of its proceed