The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-04-17
The President Of the Senate Upset ~
the Judiciary.

Judge BALL, of The Jefferson ana ne'Ns
tey Circuit, has decided that the pFe'enu,
ed act of tho Legislature for removing the
countv seat Of Jefferson is nullity, LOT
tIe reason that it never was passed in the
manner required by the Constitution
That instrument provides that no bill
shall become law without the atlirma'
tive votes Of a majority Of all thetmembers
elected to each branch Of the Legislature
Judge Hall holds that the majority here
contemplated is not alone majority OF
the seats that happen to be filed when the
vote Is taken, but Il majority OF the whole
body as constituted by luw, whether any
ofthe seats are temporarily vacant or not,
tho reason for the rule being that no law
should be enacted without the ailtrmA-
ton of clear majority Of the people
through their representatives in the Leg
stature.
The case presented by the Jefferson
county bill was in briet this: A full Senate
Is 22, and that many members were
elected thereto Mt the last election. One
Senator having resigned, enough the fact
that he had resigned does not appear to
have been established in the case before
Judge HALL), eleven became majority Of
the members holding seats, and this mum.
her the President OF the Senate ruled was
the constitutional majority requisite
for the passage Of bills, ard the Jefferson
county bill having received this number
of votes was declared passed.
II the principle which this ruling
affirmed were admissible md the consli
tutiOnal basis Of either house Of our Legis.
lature could thus be reduced by resigna'
tons, its operation could not fail to be
very mischievous. Because that operation
would not stop with one resignation, or
with any number till the limit fixed by
the requirement Of quorum to do bust
ness had been reached There could be
no escape from the extension Of the rule
to that limit. And with the rule once es.
tablishcd, 1t need not be doubted that
designations to escape the responsibility
Of voting and at the same time secure the
passage Of bills by reducing the number
Of votes necessary 10 pass them, would
become ono Of the iav0ritc resorts o.
party tactics.
Under the ruling made by the Prcsidcn
Of the Senate, laws could be enacted by O
bare majority of quorum. The Senate
is composed Of22 members A majority
Q2) is n quorum. If majority Of
those holding seats could pass u bill, MS
the President ruled, 10 Senators might re
sign, IND the bill be passed by n majority
Of thc remaining H. or by 7 votes. The
same thing could he done in the House
TwentY.nne Is quorum of that body
and 10 could therefore pass n bill in thu
House; and II law could thus be enacted
by % votes out Of ~, or less than third
Of the legislative body, representing less
than third Of thepeopc. anybody
pretend that this is what the Constitution
intends when II provides that no bill shall
become II law without the affirmative
votes Of majority Of all the members
elected to each House?
Judge Hall. docs not suggest this view
Of the case; but it seems TO us the strongest
comment on President BAKERS ruling is
to follow it out to its legitimate and
necessary results. The simple statement
Of them furnishes the TCIutAtiOn.
The particular case Of this Jefferson
county bill Is not matter Of much con.
sequence except locally. The principle
involved in it is Of considerable import.
anCe generally. 1t mAy rs well be stated,
for il is well understood, that the ruling
tthc President OF the Senate in this case
was matter Of purely partisan calCulA.
ton. When il was determined on, that
official and those whose mouthpiece he
WIS were after larger game than JeiIer
son county seat. The object was to force
the convention bill through. It was ap
pretended that only eleven votes could
be obtained for that measure. One SenN'
tor couldn't make up his mind to vote
either for or against. He worried about
it till he got sick. lie went home to SEE
his constituents. Here he was more than
ever prey to contending reasons, and
got siCher all the time. 1t was finally
arranged, TO relieve the gentleman from
the dreadful responsibility Of doing hi.
duty like man, that he cSCape'a vote III
together by rcsigning; that the President
Of the Senate should rule thai
the vacancy thus created reduced tho
constitutional basis Of the Senate and thai
eleven was thus mace majority for pNr-
poses OfGnactment. 1t turned out thai
This abundant caution WIS not needed in
the case Of the convention bill. Before il
came to the pinch, the vote needed to give
the bill q constitutional majority was oh.
tanned. However, the ruling was not
abandoned, and It was found convenient
In efFectiug las it was supposed small
partisan object in Jefferson county. The
decision Of the Circuit Court there has up
setit; and il IN appeal is taken to the Su
preme Court, it is impossible to doubt
that the action of the Circuit Court will