The weekly echo. [volume] (Lake Charles, Parish of Calcasieu, La.) 1868-1876, 1871-12-30

| tested at its first assembIage, that
it was an invasion Of its preroga.
tive, and the legality of the incum-
bent would be questioned on all
sides.
So tho Governor determined to
refer Che matter to the Senate, and
to recognize their authority to fill
the vacancy. But here arose the
difficulty, a serious one, as to the
authority of the Governor to call q
special session of the Senate, the
constitution limiting his power to
convocations of the General As
sembly, of which the Senate is an
integral part. There is not the
shadow of any right, as there is
under the Federal Constitution, for
calling together either of the two
bodies composing the Legislature.
They arc, in our plan of State Gov
eminent, constituent and insepara-
bic j; they must meet together and
adjourn at the same time, and CO.
operate in all their acts, save in the
matter of nominations and par
dons, which belong exclusively to
the Senate. The Governor, how
ever, believed that precedents and
the necessity of the case justified
the act, and so convened the Sen
ate In special session. It met and
held an election for president of
that body, who should be Lieuten-
ant Governor of Louisiana, and
having received eigh-
teen votes, was declared elected.
Thereupon Pinchback enters
upon the important executive du-
ties of the Lieutenant Governor
ship, as member Of the Board hay
ing control of the printing con-
tracts, and as President Of the
Board of Metropolitan Police.
Having become Lieutenant Gov
9rnOr, he ceases to be Senator,
,hough he is er ofScio President of
he Senate, with tho right to vote
n case of tie. It was d grave
omission on the part of the Senate,
not to elect q President of the body
when Pinchback passed into the
Lieutenant Governorship. Called
3 fill q vacancy, they left the same
2aatus which had necessitatod their
special session. Ii the Governor
ind lieutenant Governor should ]
'acate their offices, there would be
/ link wanting in the line of sue
The Speaker of the House ,
would succeed byvirtue of the law, :
wing to the non-existence of q /
President of the Senate, to take '
precedence of him. The legal right t
nd authority OF the acting Lieu r
onant Governor are now ques- =
loned by the Speaker of the =
louise, who has gone into the 4
Ourts for the purpose of obtaining r
judicial determination of the
on the ground of the il \
'gality of the extra session of the :.
enate. 1t may be that the addi- =
onal ground will be taken that "
'inchback, having received eigh- p
zen votes in q Senate which con. v
sts of thirty-six members, did not ri
9ceive majority. It's held that -
here an election is directed to be "
cid by any body Of electors, with W
ut the special provision that the it
Ote, or the majority, must be of b
lose present, tho just interpreta- .
on, under the abstract rule of the q:
publican theory, requires an alb II
'lute majority of those entitled to o
ote, and not simply of those d
resent. .;
II this be a sound application L.
the doctrine, Pinchback was not !,
ected, because no received only '
lurality, nota majority, Of the Sen u
;ors elect. N
But how are these objections to a.
. raised and made effective by iu- n,
cial proceedings viii Che courts nj
l. ~