Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1864-02-13

otuer OnceTS. anu eacH SENATE meets, as
provided in section l0,upon the first Tues
day Of January in each end every year
except when convened by the Governor on
extraordinary OCCASIONS"
Thus, Mr.. Speaker, the Constitution
provides for the election Of Speaker at
the beginning Of each session. This has
been the established precedent during the
present century. There is but Que in-
stance in all that time where any Speaker
held over. That was the Speaker
elected at the meeting of the General AS
sembly which convened in December of
the year 1888. TO make this plain, |
will refer to another portion of the Consti-
tuition. In the schedule to the amend.
ments Of 1898, section A, it is provided
that, "The General Assembly, which shall
continue its session as heretofore, notwith-
standing the provision in the eleventh sec.
ton of the first article, which provides that
each house shall elect its Speaker and
other officers; y or to o.interpret section
fourth Of the schedule, notwithstanding
the provision of the Constitution which de-
clares that the General Assembly shall
convene upon the first Tuesday Of January
in each and every year, and that each
house "then shall organize itself as direc-
ted in section eleven. The Speaker and
other officers Of the Assembly that con-
venes in December, 1888, shall hold over
and constitute but one session. Now,
Mr.. Speaker, that is the only instance in
the history of this Commonwealth, in
seventy years when any person occupying
that chair did hold over by operation of
law. That exception is distinctly made !;
and you, sir, as lawyer, know full we'll
that lit is an universal rule of construc-
ton founded on the cearest reason that
general words in any instrument are
strengthened by an exception" Here are
the general words compelling US after we
meet to 60 into an election for Speaker,
with but one exception; and that was at
the time Of the adoption of the Constitution,
and for the purpose of preventing any EN-.
barrassment in legislation just as for tho
same reason the term of the Governor was
then extended until the third Tuesday oil
January, 1889, so as to prevent an inter-
rcgum.
Then, sir, under my view of the organic
law, this Senate is not permanent Or
ganization. 1t is idle to compare this
body to the Senate OF the United States
We are governed by the special words of
our own Constitution. No such language
is contained in the Constitution of the
United States. Tne presiding officer of
the United States Senate is not a Senator
he is not a representative Of any individual
State, but is elected by the people. His
term expires by its own Limitation, and
the people elect his successor, except in
certain contingencies. That body is ioun.
ded upon the precedent of the English
House of Lords. which is a permanent
body; the members are hereditary and
the Lord Chancellor or other person who
may be designated, presides by virtue of
the Kings commission.
The statutory law OF the State is against
you. In 1904 an act of Assembly was
passed, already cited by the Senator from
Cloarield, (Mr. Wallace,) and which is
found on the statute books Of the present
day,as will be found by reference to Pardoa
1t is in these words: eff, when e}the:'
haach Of the Legislature shall have made
choice of Speakcs, the oath or aflirma.
tons prescribed in the Constitution of this
Commonwealth and the Constitution Of the
United States shall be administered to the
Speaker elect by member appointed fol-
that purpose, by a majority of The members
prCsont, and the Speaker so sworn or al-
irmed shall administer the oaths or afir.
nations to the members elect and officers
spectively." Now, Mr.. Speaker, that
law was passed but year or two after the
resignation of Mr.. Wood as Speaker OF
the Senate, for the reason that his term as
Senator expired at the next annual cleo
ton, and it was necessary for the Senate
TO elect Speaker who should hold his off
ice "until the next annual meeting of the
General Assembly," If there were nc
Senators at that session who had been a
the resiguGtlon Of Speaker Wood, the in
cident and the custom must have beer
fresh in the recollection of all, for during
the baloting the chair was vacant, auC
remained SO until after an election was
duly had. Now lt as look at tie words
Of that statute. 1t speaks Of the organi-
zation of "either branch" of the Legisla
ture, without any distinction as to the du
ration of the terms of the respective mem
bers Of each branch. The house of Rep
resontatives meets and organizes annually
this has never been questioned, Hence w
fnd the same language as to organization
applied indiscriminatoly to both branches
thus showing conclusively the intentions o
those who enacted this law. 1t also dl
reefs that the "Speakes elect shall frs
have the oath administered to him, ant
then he shall administer it to the ".len,
6ers elecLo
The "members elect" in "each house
appear at the beginning of each annua
session and are duly qualified, unles
sooner convened by the Governor. Th
is undisputed. Hence the qualifications o
members eject, and the election and quail
fcetion of Speaker of "either branch" be
ing considered in the directions of th
statute as Of the same period oftime. w
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