New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-01

guags used must be construed IN reference
30 she constitution, and no sorDI OF word.
Msed can change the power conferred.
Neither the constitution ncr She faw OF
The State provides what officer shall. act as
the iicutenant Governor, az 10 is provided
in regard 20 Governor, bus the STATUTE
. quoted provides 70. filing She vacancy ID
! .he office of lieutenant Governor in a SIM
. pic and direct manner, as ss done IL she
. case Of all other vacancies. e.
with confident air and GTe2e SoHFish oi
| truMpe-s. we are referred tS precedcht
which IL olaimes: as slecisls" "gS'het
| Pnchback. va page j. OF the "Hd'stHs
! I .int ti.c following piece OF history !,
! when Ex-Governor u. hahn sesighe"
! hi. office. and j. Madison Wells Ctcah!e
! Governor in his etead, senator Louis
Gastine; was chosen President OF tie sen
! ale. and thereby became ex-etiicl" Lleuteh-
! aus sIoye,nov s!ia acts thereafter passed
! during that term are signed Louis VaS'I
! mel. .x-officio Lieutenant GOVeTno; and
! presden. of Ike Senate thaS WAS accord
! .sg 20 the law OF 1860, which says that Whth
! . vacancy shall occur in the office o: tieu-
..nan. Governor. the ScGate shall elect a
! ,re.iae.t, /. no shall t0 lIeatenent GtV-
erpor' This law has been copied S"rbatlm
| in RAY. Revised Statutes OF 1870. At The
ensuing election Governor Wells was q
candidate iUS reelection. ana Juag" =.
! V.orhies Cor Lieutenant Governor. I'm
I .lnes Wells called q special session
Of the Legislature ~ assemble az
! Meefanics' institute, November 2, 1853.
I! The Senate having bee. called ~ order bT
! tho PRESIDENT. Mr.. Gastinei, Mr.. Nenner
objected 80 his presiding any further. as
hi. term OF office had expired, and his sue
ccssor was present. 'EAeT-UpOn Mr.. Victor
Bulthe, of jefferson. was placed IN the
chair a. President. On the second OF De
! ccmber the votes fog Governor and Lieu
! tenant Governor were counted. and on the
fourth Mr.. Albert VOORHEES, was installed as
Lieutenant Governor. thc.eb: becoming
; PRECEDENT OF the Senate
! Commenting on this. III" author .: the
: address says: There is a precedent: the
! case - precisely in point; the facts agree IN
every respect What e precedent The
! cas-. j. nc. in point az ali. The facts do not
| agree in any respect. And look at the
: facts: Hahn was Governor and Wells wa.
! lieutenant Governor; the former resigned,
! and che latter became acting Governor
! undey tho ;it;. third article OF the eohst!-
! tuition. But there was no vacancy IN the
I office Of Lieutenant Governor at all, az was
! the ease By the death OF Lieutenant Gov
! ernor Dunn; W. lis was still the Lieutenant
| Governor Of the State. and only acting
! Governor. When. therefore. Mr.. Gsstinel
! was chosen President Of the Senate, while
| Wells was acting IS Governor, :. was done
1
! which declares that whenever the Aleu-
! tenant Governor shall administer the
! government Il. .. act as GOVernOr) the
! senators sh.,lf elect one OF their own
! me2lbers "a President OF The Sen
| alto tos tho time being" which
! have already quoted. Gastinef was not
+! elected President OF che Senate in order 10
ill vacancy ia the 0tli:e oi lieutenant
| Governor, as was Pinehback, undev section
! 26f, above quoted. because there was no
! such vacancy. lie WAS simply elected 10
preside over the Senate .or The time being,
| while Wells was aetHg a. GOysrnOr, and
; as a matter of course his right 20 presideex-
| PRED with his term Senator. And
/; when he sp,eares: in the rev senate, ot
! which he was NOT a snembes AVID claim ID
the RICH. ~ act rs President OF ;he body,
he was properly rejected.
There is . precedent III this matter buy
! it gives no sanction 90 Sae theory az JUdse
Campbell.
| Tn- constitution nS Nissonsi is sie same
ss ours Sn this subject. an,. il has there
J been Recently construed by the Attorney
| General OF the State thar where the prssi-
; dent of the Senate i. 10 assume the duties
! Of ehe Sieutenant Gsvernov he fills tie
Office for tho whole OF the UneXpir.d term,
and NOT merely dGsing his 1eTaS ae dle,a
! Der -; the Senate.
Yhs view for which. a@ c0ntending is
oontirIaed by reference TO the Provisions iN
regard to filing the vacancy IN the office at
Governor, which are OF the same character.
Section 26l6 provides: If the Office u:
J GoyerGpy, Yieueenaut Governor and Presi
dent of the senate shall become vacant by
death Cq otherwise. ehe Speaker Nf edG
House 0S Representatives. shall be GOyeE-
nor am. the Senate. az tGeir ;irss meeting,
shall elect a President who ehalI Ice giess
tenant Governor"
l., AZ
:ves shall beEs0veYn0s how Ihe langHa ,e
! employed is 'he same as That 90 ne othes
| section Gherein IL IL provided that the Pres
! Gent 81 tic Senate shall 6a S4ieueeuaEt
(o,vcgroY. without fYrthrq qualification ami
! without epscliying ahe time SUt did 'he
J Iegislst,s. intend THAT the Speaker Of the
1louse. in The contingencies mentioned.
ShONlS only act as Governor ~hi:e SC was
| Speaker Gs Oh. SoHse, s'!esrly SOY. ssss-
! GaGss 'hs aytcie Oh 'Le constitution BEthsr-
! ;1iug this legislation declares that tfe s.er.
, .:"l Assembly may provide BY 'aw soE 'ilc
! "as" %! death, etc. ot both Governor and
! Lieutenant sopT"Erog. providing that officer
! act accordingly Tn'5l ehe disability be ye
moved, "r fos ;hs seua!D,!eS Of the term.
I ARTICLE %
The tenure Of Che Speaker Of Hhe Ifo:lso
il that OF membership "i tie body. which il.
: only Cor twS Y"aIso heIeas one half -! the
Senators hold for f,rsr years. - it not ;us,
as reasonable 20 say that % member Of She
! Senate. whose tenn has expired. y ho has
been elected President OF the Senate III oS-
scg 20 be Lieutenant Governor, III az fill IL
; vacancy iH this office which guns iseyon,s
! his sersn of ollic. as Senator. az 20 say
! the Speaker 0s ehs House NAV fill ehs re-
! asain1eS OF a term 0f the Governor which
! RMS beyond Ais VeYH az member OF the
! House Suppose Soti ya:,aoth as..l Duna
! had died tn. rex day after eYley were in
! r,,,, -, -. -. o..