The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-07-15

80 manilc.tly contradictory 70 common req
son, that it must be avoided, if any other
construction can be given which will carry
into effect the provisions Of that instrument.
Second. Are the members of the House
elected for an indefinite period? 1t is
claimed by some, that, as the time for the
election and meeting Of the present
Legislature, was fixed by the Constitution,
merely that no Inconvenience might arise
out Of a change from Territorial to State
government, and as the authority to desig-
nate the time for the election and meeting
Of future Legislatures is conferred upon the
present, therefore such time may be fixed at
any remote period and that, consequently,
the present body will hold until the day
which may be designated by the present
Legislature for its successor to convene.
Those who assume this ground, admit that
the term Of members Of succeeding Legisla
lures is fixed by the Constitution. But
this admission destroys their argument;
because, whatever restrictions apply to
succeeding Legislatures, must apply also
to the present, unless that is ex-
pressly exempted from their operation.
The constitution contains no such exemption.
Such an argument would permitthe Iegisla-
ture to continue in existence for ten, twenty,
or any number OF years, should its members
30 enact and, certainly, no such right can
be claimed by any Implication.
Third. Are the members of the House
elected for one year, and one year only II
they are not elected Tor Tie, or ior an indei,
fnate period, there is no express or i'm
piled provision in the constitution, from
which we can gather that they were elected
for any other term than for one year. Sec
ton seven, of article four, of the constitution
provides that the compensation of Senators
and Representatives shall be three dollars
per diem, during the first session, but
it may afterwards be prescribed by
law. The same section provides fur
ther, that no increase of compensation
shall be prescribed which shall take effect
during the period for which the members Of
the existing House Of Representatives may
have been elected. This section is conclu-
sive upon the fact that but one session was
contemplated for members Of the present
House and we must also conclude that
the term of service for members Of the lower
House was intended to be limited by the
Constitution to single year.
Our next proposition is. That the time
for the next election for Senators and Rep
resentatves must be fixed within the term Of
the sitting members. Section twentyfour
OF article four, provides that the Senators
from odd numbered districts, shall 60 out Of
Office at the expiration of the first year );
and it provides, also, that Senators to sup
ply their places, shall be chosen at the same
time, and in the same manner, with members
of the House Of Representatives We have
shown, heretofore, that the term of the pre-
sent Representatives expires at the date of
one year from the time Of the commence
ment of their official service. Before the
expiration of that period, therefore, a
new House, and Senators from the odd
districts, MIST be chosen, or the State
will be left without q Legislature. II
this is not provided tor by law, the next
year must find us without any Legislature
which could be called together in case OF
any emergency. The term of the present
will have expired. The Governor has the
power to issue writ Of election only in
case of d vacancy, and there can be no va.
cancy in non-existing body nor can there
be an extra session of body which is not
entitled to hold q regular session. The
| Constitution provides that the powers Of
government shall BE- divided into three dis
tinct Departmental Legislative, Execu-
tive and Judicial. Each Of these depart
msnts of government must be kept in ex-
istence. The Legislature has no right to
permit either department to lapse into de
suetude and any act, whether Of omission
or commission, which resulted in this end,
would be unconstitutional, anarchical, and
criminal We conclude, then, that il is the
duty Of the present Legislature to provide
for general election for members Of the
House. and for the Senators whose terms
expire, at some time during the autumn of
the present year.
Our last proposition is-That the meet.
ing OF the next Legislature must be held
within the limits of the official term of the
members elected to composeit Section one.