New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-11
GEORGIA.
MEETING OF THE LEGISLATURE.

MEETING OF TIE LEGISLATURE.
ATLANTA, Ga, Jan. 1O.-Ihc Legislature met
to-day, and tho Governorolcct resigned his position as
Speaker Of the House. Hon. j. b. Cumming elected
to fill the vacancy. Acting Governor Cany announced
that lie would send in message tomorrow at IL N.
THE GUBERNATORIAL MUDDLE-PROsPECr FOR
TWO RIVAL STATE CONFERENCE.-The
POINTS INVOLVED IN THE CONTROVERSY.
ATLANTA, Jan. Con the 10th inst, the
General Assembly OF Georgia meets in adjourned ses-
SION FOR the purpose It IL understood OF completing the
OF tho late special election and for the Inaugural
ton OF the new Governor elect His claim to the Office
will. IL Is understood. DO contested by the present In
cuinbcnt Gov. Couoy who claims a vested right In tho
office. AT the time OF Gov Bullocrs resignation (Oct
80 ls7D Mr. COnley President OF the Senate. aud
became, in virtue OF his Office Governor or the state,
"untll a successor is elected and qualified" He was
accordingly quaiined, and entered upon tho
duties OF the Executive Office, on tho DAY
day OF Buoc's resignation. On the 4th OF November
following ana the second day after tho organization or
the House Senate no recognized Governor by
tho Legislature. This, however not done until after
the failure in both Houses OF the proposition to recog
nize tho newly-clected President of the Senate Dir
Trammel as Governor. Mr. Conleys Senatorial term did
not expire with that Of the outgoing members he having
been elected for the long term and as he was the Pres'
dent of the Senate at the time tho Gubernaora vacancy
occurred IT was thought to DO too bold move to dis
place him by a man who had been elected to the position
! after tho Governors resignation.
This recognition Of Mr. Conlry az the lawful Executive
! in virtue OF plain constitutional provision, was re-
garded at the time final settlement OF the oontro
yersy Few persons, 10 seems doubted at that time hat
he would Ill out the unexpred term, some 10 months IN
duration But on the 22d Of November bill providing for
special election December lg OF Governor To I'LL THIS
unexpired term, was passed by both Houses ana was
vetoed By the two days afterward The oDec-
tons to the bill forth IN this Message were Tat u
tnposed upon the Executive duty of sitting in judg
pOtp ro, led tIri N
the State Constitution that the sought to be
supplied WAS already filed in the manner and by the
means consnonally appointed that the parIiciIIar
net was had contemplated provision not for particular
term special act for single special eecuOn nut iOf
filling unexired terms generally and therefore that
general law was meant by the constitutional provision,
rather than particular law, IN It's nature an oricr
for a special election. The Governor made further
objection The bill, on the ground that his oath Or
ofco TO faithfully execute the Office Of Governor
to project aud defend the COnsujutlOn' ote ,u rr'
eTa and a. there no law Tor hhg uneXplted Terms
by special election. the Constitution was the only aM On
the subject and m virtue OF tniS Ihe vacancy S9ugt 10
be supplied was dlled already the further objection
law the general law Under which he
| ring before the enactment; that law providing for
special elections, TO be constitutional, must involve a
mcnt on the part ~ both Executive and Leqlslature
| that this free judgment could not DO had In a
involved the onicial existence OF tho EvecG-
tive tnLthelmoIe ih2t It's passage Involved a
ing of general law BY special enactment when private
nights are thereby Affected that was unconstitutional
IN providing fOr time and manner OF making election
returns contrary TO an express provision OF the constu
tom and lastly that n ncces5itated construction OF
the Constitution which destroys the other OF two
clauses IN the same article both of which might stand,
under Blackstones rule of construction, by making all
election returns OF Governor the day after the or
ganzatOn Of the two Houses" the Constitution pro-
vides Another legal objection to the bill urged by the
friends OF Nh Concy after its nna passage over ms veto
was that 4 passed tie Senate Only by the casting vote
of tho presiding officer; that this casting vote was I'M
necessary 10 decision, and therefore Illegal under tho
rules adoued hv the Senate for lis government, az
the question BEEN decided IN the negative before the
Ples.Icu; change ne result b. his casting vote.