The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-01-07
THE HAZARD CASE.

ne questions Ol law anu VI int IL"
volved in the case of Hazard, Senator
elect from Lincoln county, having come
before the Legislature, the public is
more or less interested in the matter
and we will eadeavoc to make a state
rnent of the merits thereof as concisely
as possible At the last session of the
Legislature an Act was passed entitled
IAN Act amendatory of aud supple.
mental to an Act entitled AN Act to
create the County of Lincoln, and pro-
vide for its organization, approved
February 26th, 1866" Section four of
said Act was amended so as to read as
follows: " Section Four. Said county
shall be entitled to. and shall elect, one
Senator and one Member of the Assem-
bly," Comfortably to this section of
the amended Act, Mr.. Hazard was cleo
Ted, as was also the g one Member of
the Assembly provided for, and that
House has, consequently, thirty-nine
members. Now the Constitution pro-
vides in Section Five of Article Four
that "Senators and Members of the
Assembly shall be duly qualified cleo
Tors in the respective counties and dis
,-icts which they represent, and the
number of Senators shall not be less
Ihaa one-third nor more than ons-kqlf that
of tie Members Of tie assembly" We
have italicised that part of the Section
which, it is contendei, bears upon this
case, and by virtue Of which Mr.. Hazard
is p-ecidded from taking his seat, the
fac; being that if he were permitted to
he sworn in as Senator his presence
in the Senate would make that body
composed of twenty members, which
number is one in excess of that allowed
by the constitutional section which we
have quoted. II is possible that there
might have been a question as TO the ex-
clusion, specially, from the Senate, of
Mr. Hazard, if he had presented himself
At the time that the other newly elected |
members of that body took their oaths |
Of office, for it mi ght then have been
contended that be WAS no more amen
able to being considered i" the twentieth
Senator" than any of the others who
were elected, from other counties, at
the same time although one may well
doubt the soundness of proposition
which would have placed the other new
Senators in the attitude of co-sharers in
Mr. hazard difemm the stress of the
argument against his being admitted to a
seat in the Senate being rightfully laid
as against the constitutionality of the
,ct OF the Legislature which provided
or his election. and there being no such
affections to the statutes under which :
he others were chosen. t
M Hazard is Democrat but it is .
II. ils,ice TO the Senate to say. that +
he debates whicL have been ELECTED c
vi:h regard to his case hare, so far, fur !
;shed no occasion for appeals to parti- :
an feelings; and we think we may say. !
n all truth aad car dor, that the matter t
, being treated With much more patience f
nd deiiheration from the fact that the I
majority are unwilling to deal with it in s
1ch manner rs to lay themselves La {
lie TO a charge of entertaining prede- h
to exclude Mr. Hazard be- s.
ansa of his political character. We .
annot see how the constitution can be it
u!y respected and Nr. Hazard be per- e,
lifted to exercise the functions OF W
anator; and We arc only repeating the =,
Inguage Of very fair minded Repub- p;
can Senator when We say that " if :, .
aZaTj were ore OF our party he would h
ave been ruled out with much less GER 81
nonv than has been observed in the w
,se under consideration" II