Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1871-04-29
The Precedent OF the Senate Upset by The
Judiciary.


pretended act of the Legislature for re-
moving the countyseat OF Jefferson is a
nullity, for the reason that it never was
passed in the manner required by the
Constitution. That instrument provides
that no bill shall become law without
the affirmative votes of majority of all
the members elected to each branch of
the Legislature. Judge Hall holds that
the majority here contemplated is not
alone majority of the seats that hap
pen to be filled when the vote is taken,
but majority of the whole body as
constituted by law, whether any OF the
seats are temporarily vacant or not, the
reason for the rule being that no law
should be enacted without the affrma-
ton of cleaI majority of the people
through their representatives IN the
Legislature.
The case presented by the Jefferson
county bill was in brief this: A full
Senate is 22, and that many members
were elected thereto at the last election.
One Senator having resigned, Though
the fact that he had resigned does not
appear to have been established in the
case before Judge HalD, eleven became
a majority of the members holding seats,
and this number the President of the
Senate ruled was the constitutional ma
jority requisite for the passage of bills,
and the Jefferson county bill having re-
ceived this number OF votes was declared
passed.
If the principle which this ruling af-
firmed were admissible and the consti-
tutional basis of either house of our Leg
islature could thus be reduced by resig
nations, its operation could not fail to
be very mischievous. Because that OPP
Grafton would not stop with one resig
nation, or with any number till the linn
it fixed by the requirement of quorum
to do business had been reached. There
could be no escape from the extension
OF the rule to that limit And with the
rule once established, it need not be
doubted that designations to escape the
responsibility of voting and at the same
time secure the passage Of bills by re-
ducing the number of votes necessary to
pass them, would become one Of the IA
Eorite resorts of party tactics.
Under the rulidg made by the Presi-
dent of the Senate, laws could be enact
ed by a bare majority of a quorum. The
Senate is composed of % members. a
majority l2) is quorum. fla majority
OF those holding seats could pass bill, as
the President ruled, 10 Senators might
resign, and the bill be passed by ma
iority Of the remaining y, or by I votes.
The same thing could be done in the
House. Twenty-nine is quorum Of
that body and 10 could therefore pass
q bill in the House and law could
thus be enacted by % votes out Of 70, or
less than third of the legislative body,
representing less than third Of the peO-
pie. Will anybody pretend that this is
what the constitution intends when it
provides that no bill shall become law
without the affirmative votes of a ma
ioritv Of all the members elected to each
House ?
Judge Hall does not suggest this
view OF the case but it seems to us the
ttrongest comment on President Bakers
ruling is to follow it out to its legitimate
and necessary results. The simple state
ment of them furnishes the refutation.
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 impor-
lance generally 1t may as well be sta
ted, for it is we'll understood, that the
ruling of the President of the Senate in
this case was a matter Of purely partisan
calculation. When it was determined
on, that official and those whose mouth
piece he was were after larger game than
Jefferson county seat. The object wss
TO force the convention bill through. 1t
was unprecedented that only eleven votes
could be obtained for that measure.
One Senator couldn't make up his mind
to vote either for or against. He wor-
ried about it till he got sick. He went
home to see his constituents. Here he
was more than ever prey to contend
ing reasons, and got sicker all the time
1t was finally arranged, to relieve the
gentleman from the dreadful responsible
ity of doing his duty like a man, that he
escape a vote altogether by resigning !;
that the President of the Senate should
rule that the vacancy thus created re-
duced the constitutional basis of the
Senate and that eleven was thus made a
majority for purposes Of enactment 1t
turned out that this abundant caution
was not needed in the case of the con-
vention bill. Before it came to the
pinch, the vote needed to give the bill a
constitutional majority was obtained.
However, the ruling was not abandoned,
and it was found convenient in effecting
Gas it was supposed a small partisan OBJ
iect in Jefferson county. The decision
fthe Circuit Court there has upset it
and if an appeal is taken to the Supreme
Court, it is impossible to doubt that the
action of the Circuit Court will be con-
frmed. Meanwhile, if We are not mis-
taken, there is some more legislation In
the same category, and it must stand or
fall by the same decision. After all, it
will be found by the people who pay the
expense that there is nothing more cost
" than ignorance or dithonesty in high
places.-Hhseiing LntcMgencsr.
EXTENSION OF THE w. NJ RAILRoAD,