The new daily appeal. [volume] (Carson City, Nev.) 1872-1873, 1873-01-07
OH Sleru 3ailp Appeal.
A NEEDLESS DELAY IN THE
CHOICE OF A SENATOR.

CHOICE OF A SENATOR.
The action of the Senate in ad.
journing over until Wednesday with
out having first accomplished an or
ganization has The effect of postpon
ing the election of Senator of the
United States until the 21st instant,
as will be seen by the terms Of the
Act OF Congress which relates to
such elections. Following is copy
Of an Act passed by the Thirty ninth
Congress-, entitled, IAN Act to regu-
late the Times and Manner Of hold
ing election for Senators I'M Con.
gress:"
BE it enacted by tie .Se,sqte and
House At Representatives. Of the Unit
ed Sta 'es Of America III Congress as
sembled, That the legislature of each
State which shall be chosen next pre-
ceding the expiration of the time for
which any Senator was elected to re-
present said State in Congress, shall ;,
on the second Tuesday after the meet
ing and organization thereof, proceed
to elect Senator in Congress, in the
place of such Senator so going out of
office, in the following manner:
Each House shall openly, by viva
voce of each member present, name
one person for Senator in Congress
from said State. and the name of the
person so voted for, who shall have
majority of the whole number Of
votes cast in each House shall be ell
tered on the journal of each House
by the clerk or secretary thereof;
but if either House shall fail to give
such ajority to any person on said
day, this fact shall be entered on the
journal. At twelve o'clock, meri-
dian, of the day following that on
which proceedings are required TO
take place. as aforesaid, the mem
bers of the two houses shall convene
in joint assembly and the journal of
each House shall then be read, and
il the same person shall have re-
ceived a majority of all the votes in
each House, such person shall be
declared duly elected Senator to rep
resent said State in the Congress of
the United States; but if the same
person shall not have received Il ma
jority of the votes in each House, OF
If either House shall have failed to
take proceedings as required by this
Act, the joint assembly shall then
proceed to choose, by a viva voce
vote of each member present per
son for the purpose aforesaid, and
the person having a majority of all
the votes of the said joint assembly
majority of all the members elected
to both Houses being preseat and
voting. shall be declared duly elect
ed; and in case no person shall re-
ceive such majority on the first day,
the joint assembly shall meet at
twelve o'clock, meridian, of each
succeeding day during the session OF
the Legislature, and take at least one
vote until a Senator shall be elected
SEC. 2. And be it s/iu1le,' ena"ted,
That whenever. on the meeting of
the Legislature of any State, a va
cancy shall exist in the representa-
tion of such State in the Senate of
the United States, said Legislature
shall proceed, on the second Tues
day after the commencement and or
,,anization of its session, to elect a
person to fill such vacancy, in the
manner hereinbefore provided for
the election of Senator for full
term; and if a vacancy shall happen
during the session of the Legisla
ture, then on the second Tuesday af-
ter the Legislature shall have been
organized and shall have notice OF
such vacancy.
SEC. 8. And be ii f.rtzer enacted,
That it shall be the duty Of the Gov
ernor of the State from which any
Senator shall have been chosen as
aforesaid to certify his election, un-
der the seal of the State, to the Pres
ident of the Senate of the United
States, which certificate shall be con-
tersigned by the Secretary of State
of the State.
APPROVED, July %, 1866.
We publish the foregoing in full
in order that it may be had as con-
venient matter of reference.
Noww think it is to be very much
regretted that the Senatorial election
has thus been postponed until so late
a day; for it seems only too evident
that 50 long as this matter remains
undecided, it will continue to BE an
obstacle in the path of needed legis
]ation- and it is fact that the earn
est and efficient services of the Leg
islature are greatly needed in many
directions other than that which
looks toward toe choice of Senator.
The causes which led to this unfor-
tunate and ill-advised postponement
are various; and in some instances,
no doubt, involve hope of gaining
advantages over AIR. Jones; while,
as we believe, the adjournment was
had until Tuesday from a sense of
ooro1o.s ;nd;forouco nnon tho port of