The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-01-07
S STATE LEGISLATU
THIRD DAY-SENATE.
CARSON CITY, January 6, 1869.

| CARSON CITY, January 6, 1869.
i Senate met. President in the chair.
Roll called quorum present. Prayer by
the Chaplain. Journal Of yesterday read
and approved.
The Secretary announced the following
appointments
Assistant Clerk, W. D. Mason Journal
Clerk. Geo: W. Turney; Copying Clerk,
On motion of Mr.. Welty the official oath
and that of secrecy were administered by
the President to the attaches, and the oath
| of secrecy &c the new Senators.
| Mr.. Linn from the Committee on Mils-
age reported the mileage due. Adopted
| Mr.. Monroe, from the Committee on
Rules and Joint Rules, reported recommend
| ing the adoption of the rules of last session,
with the following addition
The announcement of the result of any
vote shall not be postponed
| Adopted and 500 copies ordered printed.
| Mr. Hastings from the Committee on
| Elections made report in favor of the ad-
mission of the Senator elect from Lincoln.
Mr.. Linn moved the adoption Of the re-
port.
Mr.. Edwards, in opposition t o the motion,
quoted from the fundamental law, the stat
utes and authorities on constitutional con-
struction, promising that he felt some little
deicacy IN the matter, ewing to the fact of
claimant belonging to that political party
which was in the minority, but as Senator
he Iauss be governed in his action by his
conscientious opinion of the requirement of
the Constitution, which, by his official oath,
he was bound to support. He argued that
the provision of that instrument was plain,
that the Senators should never exceed in
numbers one half the members of the As
sembly and certainly 20 was more than one
half Of 80. He held that the number of
members was full, in accordance with the
provisions of the Constitution in regard to
apportionment, before the passage of the
Lincoln County Act; and that being in
violation of the Constitution could not re-
peal any former Act.
Mr.. Welty moved that the subject matter
be made the special order for Thursday at I
II NJ
MI IIaines favored the motion. With his |
present views of the Constitutional require /
ments ne would be compelled to vote against !
the adoption of the report.
Mr.. Hastings had no objection. except |
that the President could not form the com
mittees and the Senate be fully organized /
until this matter was settled.
Messrs. Monroe, Grey and Brown opposed
the motion.
Mr.. Weity withdrew the motion.
Mr.. Bonniheld thought the arguments
by the Committee unanswerable.
The trainers of the Constitution declared
that the Senate should not be composed of
a unit in excess of one half the Assembly,
and not fraction of unit. 20 was as
nearly one half of SO as the representation
could be made without the creation of an
member of the House. The
Act organizing Lincoln County was passed
to the Act allowing Lyon
County Senator in addition to the one al
owed by the apportionment in the Constitu-
lion; and it was well known principle
hat the latest statute must govern. There
ore, if constitutionaIly there could not be t
twenty Senators, one of the Senators from
lyon must Weld his seat and not the
Senator from Lincoln. 1t was true that the t
was silent in respect to every a
onnty being entitled TO representation in S
10Th houses of the Legislature but it was =
% universally the custom in other States to q
o make the apportionment that the trainers 5
+ the Constitution undoubtedly considered
unnecessary to insert any provision in re- a
ard to the matter. He was clearly of the t
pinion that the Senator elect from Lincoln b
'aS entitled to his seat.
Mr.. Welty regretted that the matter had a
ONE up at the time as he was not fully pre- Il
AIRED to argue it as he would like. With 4
enator Edwards he felt a delicacy in the C
natter on account of the political status of r
ne claimant, but the provisions of the Con- il
titution were certainly plain and to the a
oint. The statute under which the Senator A
as elected was Unconstitutional, because il
provided for the creation of a number of OF
enatoTs in excess of one half the members al
Assembly. He confessed that he was
much to blame as any other of the old {
enators for overlooking the matter at the
me of the consideration and passage of to
lat Act but satisfied that it was in viola fe
on of the Constitution he could not be sc
,und by his action then. The only ques- d
on was whether 90 was more than half Of
/; and that could not be denied. tt
Mr.. Bonnifeid thought the question was Sc
neither the number twenty exceeded one n
III of thirty-nine, units only Icing taken r
to consideration. The construction he A
aimed for the Constitutional provision, was ia
E same that had been placed upon. il by the 70
st Legislature in the passage ofthe Lincoln
,uptv Bill, and he could sec no reason why B.
at should now be reversed. re
Mr.. Hall in reply to what he considered isl
intimation Of Mr.. Bonnifeld that partizan 81
'iings had influence, said that if the claim bo
! had belonged to the party in power he
uld have been rejected At the start, 30 Al