Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-02-20
THE GOVERNORSHIP.
Report Of the Judiciary Com
mittee.
The Speakershlp of the Senate
Declared Vacant after Feb. %,
and MIR. Senter no Longer a
Senator.

7 The Committee on the judiciary sub
mitted to the Senate yesterday the fol
lowing report
Nh. SPEAKER: The Committee on th,
Judiciary, to whom it was referred q
inquire and report whether the acceps
lance by the Speaker of the office o
Governor, which becomes vacant or
Thursday, the 18th inst, by the resigna.
ton of His Excellency, William G.
BrOwnlow, the Speskership of the Senate
is vacated, and whether by said accep>
lance the seat q the Speaker as Senator
is also vacated, bess leave 10 Ienart that
they have given 30 the question as much
consideration as other engagements would
permit.
The committee are satisfied that the
Speakership is vacated and that another
will have to be elected to preside over
the deliberations Of the Senate.
The constitution provides that there
shall be three departments of the govern
ment-the Legislative, Executive and
Judicial. Neither can Of right perform
the duties Of the other, as has been held
on various occasions, when the question
have arisen for judicial determination.
Hence, when any one fills the executive
office, he cannot at the same time per-
form the functions of legislator.
However, that there sheuld at no time
be an iRteTregRum in the executive de-
| partment of the government, the consti-
tuition has provided that, I'm case of the
removal of the Governor from office, or
of his death or resignation, the powers
and duties of the Office shall deVolye ON
| the Speaker Of the Senate" Now, when
the contingency happens on which the
powers and duties" Of the office Of Gov.
ernor devolve on the Speaker, he ceases
to be such, the Speakership is vacant and
must be filled by som other member of
the Senate, chosen from among their
number for that purpose. This is so upon
principle. The practice of legislative
bodies is in accordance with the views
the committee have taken Of it.
There is but one instance in Tennessee
where the "powers and duties of the
Office of Governor deVolved upon the
Speaker of the Senate. In April, 1929,
Sam'I. Houston, then Governor of Ten
nessee, abdicated, and the powers and
duties" Of the Office deVolved upon Gen.
William Hall, Speaker Of the Senate.
The difference between that case and
this is, the Legislature was not then in
session, now it is. But Speaker Hall
became Governor, and when the Legs
lature met he communicated with it, by
message as Governor, and was so recOg-
nized, and this by body Of which he
was not a member. The Legislature of
which he was member and the Senate
of which he was Speaker, had met in
Nashville, in the fall of 1927, and had
adjourned SINE die before the vacancy
in the Office of Governor had occurred.
And the Legislature, with which be
communicated by message, were elected
in August, 1929, and commenced on the |
third Monday of September following
that being the time fixed by the consti-
tuition of 1876 for its regular biennial |
session.
lie was not a member Of that body |
when it met and organized. The usual !
Joint Committee were appointed to wait |
on CHS Excellsncy, the Governor, and in,
form him that quorum of the two houses |
have assembled and are ready to receive |
any communication he might think proper
to make" In accordance with the GUS
tom in such cases, they waited on his |
Excel ency and then reported that the |
Governor would make communication
to the Assembly, which was accordingly |
done.
1t will be seen that William Hall, the
Speaker, became William Hall, the GOY>
ernor, and was SO recognized by Legis-
lature composed of as atle men as were
in the broad limits of our State.
1t will be observed, that Speaker Hall
continued to be Governor after his time
as q member Of the Senate of 1927, had
expired-showing that he became Gov
ernor under the constitution by the
powers and duties" deVolving on him,
because he was Speaker, and truly ceased
to be the presiding officer of the Senate,
if indeed he did not Vacate his scat in
the Legislature. Indeed it would seem
that his seat was legally vacant He was
Governor after the elections in August
of 1929 until after the meeting of the
Legislature, and the Inauguration of CHS
successor" Gen. Carroll, which took
place on the first Of October, some ten
days after the General Assembly had
This would indicate pretty
clearly that he not only ceased to be
Speaker, bat that his seat in the Legis-
lature must have been vacant. There
was Senator elected in August, 1929,
from his district who was member of
that body whilst the Speaker was Gov
ernor.
But we have the example of other
States, particularly Kentucky, as to the
effect upon the Office Of Speaker of the
of the power and duties'' of
Governor when a vacancy in the Execu~
tive Department takes place. In that
State, in August, 1862, Gov Magofin re-
signed and James T. Robinson, the
Speaker became Governor, and upon his
as such, the Legislature,
then being in session sit devolved upon
the Senate to elect a Speaker for
the occasion" From the inauguration
Of the Speaker James 7. Robinson
IS Governor, he ceased to be Speaker, |
and had as a member Of the Senate, no
further connection with the Legislature
He communicated with the Legislature,
by message, as Governor, and was so
afterwards until his successor
was elected and qualified. Another
Speaker was elected to preside over the
deliberations Of the Senate. This is
case in strict analogy to the one before
the Senate.
Again: The constitution Of the United
States provides that "lu case of the re-
moval of the President from office, or of
his death, resignation, or inability to dis
charge the powers and duties of said offs
fee, the same shall deVolve on the Vice
President" This language is substan~
TALLY, if not literally, the same as that
used in the constitution of Tennessee.
The powers and duties" in the one de,
VOlve on the Vice President, and in the
other on the Speaker Of the Senate"
We have had three vacancies in the office
of President, when the powers and
duties of the Office devOlved on
the Vice President And it was
uniformly held that the Vice Presi-
dent ceased to be President of the Sen
ate. Z President of the Senate pro
tempOre was elected by that body, on
each occasion. These precedents are, in |
the opinion Of the committee, conclusive |
as to the proper construction Of the con- |
stitutiOn, and what it is the duty of the
Senate to do. 1t is the unanimous |
opinion of the committee that when the |
powers and duties Of the Office Of Gov
ernor shall devolve upon our distin-
guished presiding officer, the Speak
ership of the Senate will thereby become