The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1854-02-03

\ having lis intended and appropriate mean
1 inr. there is found no limitation OF the au
ihoriiy of the Senate, whether composed o.
mainiily of the Senators or not, 10 dcier
mine under any circumstances, aud for all
purposes, who are mol elected by majority
OF The qualified voters 10 be Senators, and
are eligible or qualified 10 be Senators.
Il tlf asSeiInie Sc composed, could not con-
s.ilu,onal!y 80 determine, Senators legally
elected by qualified voters, and having The
qualifications requiIcd for Senators, might
be excluded from the Senate, aud deprived
of The rights secured 10 them by the consli.
tuition. II all vacancies apparent from the
proceedings Of the Governor and Council
were TO be filled by,ioint bale, Of the men
bers of the House and such Senators as
shall have been elected, those Senators SO
elected could no! be deprived OF their seals
by subsequent decision OF The Senate
alone. Those who are assembled 10 make
such elections by joint ballet, must oi ne
ccssily, and by a power fairly implied, de.
icrminc who have been so elected /; and
when they have so determined, the yacan.
ces are filed according 10 the provisions oil
the constitution, and The constitutional right
10 he Senators is secured 10 them. " the
I Senate alone could determine that such
Senators were not legally elected, and moi
entitled 10 their seats. they could annul The
proceedings of the body or convention au-
lhoriZed TO elect them and 10 decide that
they had been legally elected. lf,hIs could
he done once, il might I've continued 10 hc
| done, aud the final organization OF The Sen
ale he prevented for an indefinite time
This wunld neither cOmpon with ibc IAN.
gua-c or intention OF the constitution. The
elections Of Senators, respecting which the
Senate is made the exclusive Judge, are
such rs are made by the qualified cIcciols.
The election of Senators by a joint ballot
must bs made fom the Isis Of persons
voted iOr. and made by the sclccimCn and
clerks Of the several corporations composing
the district, or from copies OF them. Per-
son. whose names are not upon such Isis
canno, be elected. The Senate while de-
tcrmining who are constitutional candl.
dates, mus, also be confined 10 such Isis,
and 30 must The Governor and Council, while
asceiiauing who appear 10 have been elect
cl This docs not make such Isis con.
elusive evidence who are truly elected Sen
atorS, or who have the qualifications re-
Quirch for Senators. No person, bv such
lets alone. can, therefore, be considered as
cOncluSivcly entitled 10 he Senator. or as
certainly not entitled 10 be one, by an c!cc-
lion by qualified voters.
By this construction, and by this only,
upon the facts ,ta'cd, can the Senate hc con-
slEuIionaly organized without considclin"
some oihCr branch of the government 10
possess powers not conferred upon il by the
constitution, and without dcprving The Sen
ale OF power conferred upon il.
The construction OF The constitution pre-.
senlcd " this parcr will, under any per
ccivablc circumstances, enable The Stale to
have n constitutional government without
comforting powers upon any branch Of the
government no, found 10 be vested in il by
! The constitution, and without dcpllvmg any
branch OF any power conferred upon II, and
will prevent auy occasion for n resort 10 q
Government, Of necessity. No other con-
siructOn has been presented leading 10 such
results.
Bv The third section of ailicc lourlh and
pai third, each house "may compel the al.
tendance OF absent members in such man
ncr and under sLch penalties rs each house
may provide.p This power is expressly
conferred upon each house when composed
Of Il less number than Il quorum 10 do bust
ness. The word 'mcmbcIs' in that section
appcals 10 have been used in The ioImcr
clause respecting elections as designating
Senators who have not, n well Il, those who
have, bccn qualified and been prcsch, aS
members Of the Senate; aud no sniiicicn,
reason is perceived why The word should
not have the same meaning IN The latter
clause Ol the same section. the section
wuu,I then authorize a Senate composed
of less Than quorum 10 compel the attend.
anca OF those whom II atJudged 10 bc mcm-
brls, whether they had eve: been present
as such or not. lf hi, be not The true con-
siluclion OF The latter clause Of that section,
the Senate, after majority oI The Senators
haze been ccnstilulonaly elected, may
! fail 10 I've OrganiIed and there may be no
constitutional government in The Stale.
1.-THE Governor aud Council should asccr-
tain lha, Il majority OF The whole number OF
Scua'ols had been elected, and should sum.
mon them 10 appear n, the appointed lime
and place. and suiliccn, number 10 pre-
vent n quorum should deny that They had
been cOnsli!ulionally elected, or should for
faclous purposes willIuIIy refuse 10 attend,
thereby 10 prevent quorum, those who
should attend, being less in number than
could form quorum, would then constitute
q House or Senate expressly authorized to
compel the attendance Of the absent mem.
bCIs.
This construction Of 4 similar pioyision in
the constitution OF The United States appcnrs
TO have been sanctioned hy rules adopted by
tho Senate Of the United States. as slated in
JcGcr.on's Manual on PAGE, 81 aud - oI
tie edition published at Concord in The year
1928. The rule is said to be I" in case a
less number than quorum shall convene,
they arc hereby authorized 10 send " Tor
anv or all abSrn, members "And this
rule shall apply as well 10 The iilsl cOuvcn.
lion OF the Senate at the LEGAL lime at meet.
ing, as TO each day OF the session. This
rule a. applicable "lo thr ii;,t convention
OF tie Scnac,' could not have been legally
established unless the Senate when com.
posed OF a less number OF Senators than
would form quorum had authority, by the
constitution, 10 compel the attendance of ab.
sent members. The Senate OF this State
when so composed, 10 be enabled 10 com.
pei The attendance OF absent members, must
determine who were elected. II would be
expressly authorized 10 nc, rs Senate 10
determine Ike manner in which their a'icn-
dance should he procured, and the penalties
10 be- incurred by their refusal 10 attend. IL
is only by lis acts as Senate, that number
less than quorum composing il could i3r
such purpose issue any legal pgecep', whleh
must bc Issued in the name and by me au-
iho,i,y Of the Senate, or could cause The leg.
islalurc 10 be organized, or could Keep n
Journal OF lis proceedings. The Governor
and Council afc only authorized 10 ascertain
who appear TO bc elected Senators, and have