Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-12-29
The Texas Election.

II IL well known that the democratic cand-
oates have carried the ele ,tion in Texas by q
majority of over forty thousand votes. Various
causes are assigned for this, but among them Is
not the want Of a reasonably full vote. The
chief is probably the unpopulsrity Of the very
expensive administration of Governor Davis
the enormous public debt created; and the dis
satisfaction of q large part Of the republican
party with the candidates.
Since the election questions have arisen, which
seem likely to give trouble. Those questions
relate first to the legality Of the election itself
and, second, to the tenure of the offices of the
present incumbents-
The constitution Of 1869. which was approved
by Congress 30th March, $3.50, ARTICLE ), section
g. read as follows:
AN elections for state, district and county
officers shall be held at the county seats of the
several counties, until otherwise provided by
law; and the polls shall be opened four days,
from eight O'Clock a. m. until four O'Clock p. m.
Of each day"
Under this section two regular elections were
held. But In such large counties as there are
in Texas, (sOme of them about as large as New
Englsnd,l the constitutional provisions OF
several places proved to be very inconvenient
The last legislature, (by act of 9th April 1881
after providing that elections shall be held BY
precincts, declared:
That all the elections in this state shall be
polls shall be open on that day from eight
O'Clock a. m. to six O'Clock p. m"
The argument OF the republicans is. that
while the legislature had the power to change
the Places of holding the election, there was no
power to shorten the TIM; and that, although
the governor approved the law, and issued his
proclamation under it, he is not bound BY it,
because the law is unconstitutional and void.
The election law provides for the punishment
n reDeatera Mexican having axareisaf = hat
ancient privilege, was arrested and committed
for trial. MIR. Ridge Paschal brought the Mex
lean before the supreme court by hsbeds corpus,
upon the assumed ground that the election law
If void, and that therefore there was no cleo
ton, and no offence. The case is to be argued
tomorrow by eminent counsel upon beth sides;
and the decision is looked for with the strong
anxiety which presages anarchy and revolution.
Should the decision be in favor of the election
law, or the legislature meet in January despite
thedecision, there yet remains another difficulty
ahead. Article ", section 4, Of the new con-
stitution reads as follows:
The governor shall hold his Office for The
term Of four yedrs from the time Of his instdIIBent
and until his successor shall be duly qualified
de shall be at least thirty years of age, a citi-
zen Of the United States, and sd all have been a
resident and citizen OF the state of Texas for
three years Immediately preceding his election.
He shall be tHdugtT1ted on the first Thursday
thereafter az practicable"
Governor Davis was elected on 81 December,
1859. He was soon afterwards appointed pro-
yisional governor. But the legislature which
assembled in February, 1870, ratified the consti-
sutional amendments, elected Senator'S and
adjourned without inaugurating the governor.
After the action Of Congress upon the consti-
tution, the governor called the legislature to-
gether In April, when he was regularly inaug-
urated. The attorney general appointed by the
governor has given his opinion, that the terms
OF Governor Davis and the other state officers,
will not expire, until the date of his inaugura-
ton in April. ON the other hand Governor
Coke will insist that his term of Office will
commence on the day of his Inauguration, on
the first Thursday in January. In favor of this
view Is the fact, that Davis approved the Joint
resolutions ratifying the constitutional amend
ments, commissioned the Senators, and did
sundry other acts Is governor before he was in
augurated. The questions are momentous at
this time