The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1871-09-08
SHALL SENATOR'S BE ELECTED UNDER
THE NEW APPORTIONMENT?

1ue 4uebllOn as ~ Whctncr Ot1Sc
Senators are to be elected under the
new apportionment of last winter, has
been asked us several times since the
adjournment of the last legislature.
Below we give an extract from letter
received from a member of the last
House of Representatives from Mont
gomery county, and as the question
seems to be one of public interest, we
have thought it not improper to an
swer, in this public way. the question
as to whether Senators ought to be
elected under the new apportionment,
this fall.
Our correspondent writes:
"I address you for the purpose Of obtaining
your views as to the advisabiiity Of our elect
| ing State Senator from this district. The
| election Of the Representatives will be In
cOrdance with the provisions Of the appor-
| tionment act passed last session, and, as said
act Is worded the same regarding the Senate
rial as Representative districts, why is there
| not vacancy in all the new Senatorial dis
scss but to be Isd
the power to judge Of the qualifications Of its
members, and in case we elect, do you think
| our Senators will be admitted"
To our mind it is very clear that Sem
stors can not be legally elected under
the new apportionment until 1872. 1t
is well established principle that after
man has been elected to an Office,
he can hold that Office until the term
expires. unless removed for cause. In
other words, a man can not be legislat-
ed out of Office. The Senators were
elected last fall tor two years. The eff
feet of the admission of Senators elect
ed this fall would of course be to vacate
the seats of the present members q year
before their term expires. No one, we
presume, would maintain that both
could sit.
1t has been the universal custom that
an apportionment made by . legislative
body should take effect at the close OF
the terms of the members who made it.
This is consistent with the workings
of our government, and it has never
been otherwise in single instance that
we ever heard Of 1t is the universal
practice in electing Congressman, and
Senators and Representatives in the
different legislatures OF the country, we
believe. Under this rule it will be
plain to our correspondent that Repre-
resentatives are to be elected under the
new appOrtionment, because this is the
year in which we elect all the Repre-
sentatiYes-because the terms for which
Representatives were elected last year
will haYe expired before the next legis-
lature convenes. Not SO with Sena-
ters.
The only provision in our State Con-
stitution which touches this point, il
we remember correctly, is the one which
provides that the first State Senate shall
consist OF twenty-five members, who
shall hold their ONCE tor two years.
eve have not got the words exactly
Now this was evidently intended to fix
|. the term for Senators at two years. II
the Constitution had intended to leave
. it with the legislature to fix the term
OF Senators, it would undoubtedly have
said so in plain language. It is evident
that the term is fixed at two years. 1t
is true, that the Senate has power to
judge of the qualifications of its men,
bers, but they have not the power to go
behind the Constitution of the State in
doing so. The Constitution fixes both
the number and the term, and the Sem
ate could not change either in the adj
mission of new members.
On page 427 of the Statutes may be
found this provision:
"On the Tuesday succeeding the first Mon
day in November 1868, and on the Tues
day succeeding the first Monday in November
held q general election for the election OF
Representative in Congress, Governor, Lieu
tenant Governor, Secretary Of State, Auditor
OF State, Treasurer of State, Attorney General,
Superintendent Of Public Instruction, Justice
of the Supreme Court, Senator's" etc.
This law is in force. The members
of the State Senate were elected under
it in 1870, and will hold their offices for
two years. They are the legal Senate
of the State of Kansas, and however
unfortunate it may be for the people in
the large district from which our cor
respondent writes, we are firmly of the
opinion that they cannot properly elect
the number of Senators which the new
apportionment gives them until 1872.
We sincerely wish, with them, it were
otherwise.