New-York tribune., 1873-12-27

Messrs. Christian, Montague Stuart and Cochran have
chances at all Cancusng wireworsing ana ,os
press Is actively engaged In advocating the ea 10 70
houses are daily by friends Of candi-
dates. But the grand effort will be made when All 'no
POLITICAL COMPLICATIONS IN TEXAS.
oYrIcE-BoLpERs ASSERT THAT THE RECENT ELEc-
TON WAS nLEGAL--THER CLAIM FOR A LONGER
TERM IN oFFICE-cONFLCu0Ns BETWEEN
NEW ELECTION LAW AND THE CONSTITUTION
frPoM AN OCCASIONAL CORRESPONDENT oP IHE TRIBusEJ
GALVESTON, Dec. 14.-Texas is suddenly
threatened with an attack Of the malady under when
Louisiana Is suffering. During the recent state canvass
every one seemed to believe that the election was regal
and that the successful candidates would take once I'M
mediately on the meeting Of the new Legislature III
January next No sooner however, had tho
ballots been cast than leading Republicans as
serted for tho first time, that the Governors
term OF Office does expire until April 49, 1874 ana
that the late election is wholly Illegal In consequence oi
the polls having been for one day only instead Oh
four days. provided by the Constitution IL Is now
claimed by some that Gov. Davis must remain In once
until the 2Sh Of next April and by others that 1t Is his
duty 70 ignore the whole election and to convene the
old Senate in which there Republican majority,
in order to provide for new election IheSe
opiniops are naturally welcome to the ofhce-nod-
ers State DISTRICT and county, to whom they PROMISE
a new lease Of life, and 1t is certain they VIII DO
discussed for some weeks to with great acrmony
Already refnsas TO sign election returns are heard or
and mandamuses to compel the signing of them are
threatened The possible results may be 80 grave that
backward glance at the history OF the State, sum
ciently complete to give thorough comprehension OF
the present political situation not prove unnter-
esting.
CONSTITUTIONAL PROVISIONS FOR STATE AND LOCAL
ELECTIONS.
orde iss w
Hancock in New Orleans the polls at the election In
Texas in February, 1863 kept open four days Az
that election Convention was chosen for the purpose
of forming Constitution. Tho sessons OF TINS
body began June l. 1863 and continued into the early
mart OF 1862 Tho Convention drafted Constitution
which is now the organic law OF the State. Among the
portions of that document whioh nave bearing oh 'uo
present controversy are the following;
Article 4 Section 4-"The Governor shall hold hs
office for the time four years from from the Tune OF
his nstallmenI. and until his successor snail 10 o'
artiels q Section All elections for State. district,
and county officers shall I've held at the county seats OF
trs scvaraI countes until otherwise provided by law,
and the polls shall be open for four oayS' iron " " "
y. OF cacn day.
To the Constitution we're appended two "deciara-
t,ons the first Of which marked out the limits OF the
four Congressional Districts the second provideu Ior
the submission OF the Constitution to the people aud Tor
the election OF State district. and county officers The
latter declaration" contains the following passage
nc elected shall
% iho duties OF the Office for which they have been
chosen. elected and qnalined IN nI
with the provisions 1t the oceS for the
term OF years prescribed BY the Constitution oegnng
from ne day Of their cectlOn, anu until tnei ouo0''
sOrs are elected and Quallned
The mnortsnce Of tho words italicised arises from the
fact that although Gov. Davis was elected on Dec s.
1862 and the result officially announced JAN g. is'o
he WAS not gurated until April 2s the miitary gov
ernment of the State under Gen. Reynolds not having
han in
ct of Congress- passed March 80 Of that year. readm
ting the State into the Union. Texas was remiteo 70 '
care of the civil authorities. 1t is under these crcu
that the question Of the legal limit Of the pres
ent gubernatorih term is raised and as the ques.
ton affects large number Of offce-holders there
is discussion going on. The eyi-
dence given in tho &" declaration" above quoted
shows plainly that the Constitutional Convention
foresaw the probability of the delay in the
OF the first Governor under the new Constitution and
that they endeavored 10 provide for It, The technical
right OF the present ofce-hoders TO remain few moro
months IN Office is maintained by the Attorney General
Of the State, Mr. Alexander. who holds that the decla
ration" formed part of the Constitution submitted to
the people ana that the Convention no power to
legsate for the people whose act n the acceptance Of
the Constitution made that instrument binding on all
officers elected under It, Gov. Davis reported to be
averse TO taking any advantage fhe laws uncertainty
but 1t very evident that many his friends hold other
views.
CHANGES N THE ELECTION LAWS THE LEGISLATURE
The assertion that the whole election is Illegal rests
upon the fact that while section of article Of the
Constitution quoted above that the polls shall
be open four days, tho late election was accord
ance with the provisions OF the last Legislature
held day only IL will be observed that the Con
stution contains the words "until otherwise provided
by law" and that those words are placed that they
may apply not only In grammatical srctDess they do
to the provision that the polls shall be only at
county seats but so with grammatical license. TO the
provision four days of ballong. The Legislature
took latter vIew and claimed constitutional right
regulate the time during which, well the places
at which, the election should place Accordingly
the great convenience Of voters an act was passed
which opened the polls all the country and the
four days election innovation adopted during
military government In order TO give time to voters
who had to make long journey to the county
seat, the time was changed to one day, all
asss'ST Sss thought dsapDsrSd p ''US of
the greater facilities afforded by tho arrangements.
1t is possible that law and grammar may not In
This case be in accord with and the con.
of the people; The situation Is one In which
injudciOus action do much injury 10 the peace OF
the State, aud Gov. Davis VIII win much kindly esteem
should he discourage all attempts TO annu victory
which the Democracy are thought to be fairly entitled
TO ENJOY.
THE DEMOCRATIC OPINION A YEAR AGO on THK
TENURE OF oFFICE QUESTION.
About one year ago tne StaUe Dem0cratlc
Convention appointed committee to report upon tho
tenure Of Office Of the State officers Of Texas and the
Committees report direct bearing upon the ques
tons raised in that State 1t has been repubished
The period which the term OF the rst Governor to
be elected under the Constitution should begin
not design IN the body Of the instrument but In dec
laraton adopted the Constitutional Convention This
declaration provided that State election should bo
held on the first Monday in July, 1869, the ofncers
elected to hold their Offices for tho period Of time hIed
BY the Constitution, beginning from the time OF their
election resort to the strict rules OF constitutional
and statutory construction. the Committee held, would