Eastern times. [volume] (Bath, Me.) 1846-1857, 1854-02-09

elected, shall, from the highest numbers of the
persons, voted for, on said lists. equal to twice
the number OF senators deficient, in every dis
trict, If their be so many voted for. elect by
joint ballot the number OF senators required
1t has been suggested that the language,
such senator's shall have been elected is
applicable TO such only as have been elected by
the voters at The polls. This construction is
supposed to be favored by the peculiar colloca-
ton OF the words in that section. But when
the concluding clause OF the same section is
considered, and in this manner all vacancies
in the senate shall be supplied. as soon as may
be. after such vacancies happen and when II
is further considered that no inequality OF right
or power exists among the members OF the
senate-that a senator elected by convention
of the members of the two houses. is, when du-
ly qualified, clothed BY the constitution with all
the powers, and invested with all the rights
which pertain to the Office of senator. It IS not
perceived on what principle he can be excluded
from participation in Fl ling any vacancies
which may exist, without reference to the time
or manner in which they may have occurred.
While this construction does no violence to
the language of the constitution, it preserves
the just rights, and essential equality. OF all
the members of The senate. This is also the
practical construction, which il is understood
has been put upon similar provision In the
constitution Of Massachusetts, by the legisla-
ture of that State now in session.
These considerations, so far as they do not
lead to concurrence with opinions already ex-
pressed by my learned associates are advanced
with great diffidence bat they have brought
my mind to the following conclusions, as lndi.
Gated in note appended to the opinion OF a
majority Of the court, addressed to the House
of Representatives
First. That if a majority of the whole num-
Der of senators required by law are elected. and
the senate duly organized, the provisions Of
section 5th, article 4th, part I'd, of the coEsti-
tuition contemplate but do not require, that
the senate shall determine who are elected to be
senators in all the senatorial districts before the
members Of the house and such senators as
shall have been elected proceed to elect. by
joint ballot. the plumber of senators required.
The rule is not Imperative
Second. That the provisions of that section
authorize a convention, in the first instance, for
the purpose OF filling part only. of the vacan-
ces existing in the senate, on the first Wednes-
day of January.
Third That senator elected by the men,
bers of the House of Representatives and such
senators as shall have been elected to fill va
cancy existing on the first Wednesday in jan
uary. is entitled. when duly qualified to act as
a senator, to vote in a convention, held for the
purpose of filling other vacancies, in the senate
existing, but which had not been filed, on said
first Wednesday in January.
And fully concur with the majority Of the
court in their answers to the fourth and fifth
questions.
All of which is respectfully submitted.
RICHARD ID. RICE.
Augusta, January 3lst, 1854.