National Republican. (Washington City (D.C.)) 1872-1888, 1874-01-08
TEXAS.


eeived to-day, announces that the Supreme
Court of that State have decided that the
election held on the I'd of December last
Tor members of the Legislature, Governor
md other State officers is illegal.
This decision will not surprise any one
who has taken the trouble to inform him
self upon the provisions of the constitution
bearing upon the question. The precise
point covered by the decision the telegram
1oes not inform us, but from the arguments
IF the counsel before the court, as contained
IN the journals of that State, we infer that
HE court placed their decision mainly on
the ground that the polls were kept open
for one day only, when section six, article
hind, provides that ''the polls shall be
opened for four days, from 8 o'clock In the
morning until 4 p. m. of each day." But
there is higher question resting upon
other provisions of the constitution which
cannot be kept out of sight, and which it
will be well for Democratic journals to
ponder upon before exciting revolution in
Texas.
The constitution provides by section 4,
article 3, that 1.-THE members Of the House
Of Representatives shall be chosen BY the
qualified voters, and their term Of Office
laasl be too years from tue day Of general
SECTION !: and the sessions of the Legisla-
lure shall be annual at such times as shall
be prescribed by law"
Section of the same article says: "The
,1,on ha n, 1,yvf l, Oy.oiysf0d
electors hereafter for the term Of six years.
Those elected at the first election shall be
divided as nearly equal as can be. The
seats of Senators of the first class shall be
vacated at the expiration of the first two
years and Of the second class at the ex-
piration of four years and the third class
ut the expiration of six years; % that one
third thereof shdH be chosen 6isnnasly there
after"
Section thirty three provides that "elec-
lions for Senators and Representatives shall
be general throughout the State, and shall
be regulated by law" The twelfth Legis-
lature, which was the first under the recon-
struction of Texas, met on the 22d of April,
1870, and inaugurated their State Govern
ment under the present constitution, and to
avoid the assembling of the Legislature
and the Inauguration of the Executive at
such an inconvenient period in the year, the
twelfth Legislature, under the sections of
the constitution we have cited, provided
that the first biennial election should be
held in 1872, and prescribed January for
he annual sessions of the Legislature.
Under this election law the thirteenth Legis-
.ature was elected, and in January, 1872,
assembled. The Democratic. element was
largely in the ascendant, especially in the
House of Representatives, numbering
among them many of the most virulcnt of
the old secession party, and were only re-
strained from impeaching the Governor and
removing the judges of the courts by ali
address of two thirds from the fact that a
sufficient number Of Republicans held over
20 defeat their scheme in the Senate.
I; By the constitution the Governor holds
his office for four years and until his Sue
cessor is elected and qualified Now. by
section 2, article T. No successor could be
elected at any other time than ut general
biennial election for representatives to the
Legislature The Democratic members, in
thcir thirst for power, could not wait for
the biennial election, in 1874, to obtain
control Of the executive and judicial de-
plrtments; So tn ~ proc,eie to extinsuish
the thirteenth Legislature by legisla.ing
Msmsc.gs, out Of o1ice AMI beginning d
no,o, and provided for general election Of
q new Legislature and all the executive
officers, to be held the Cd day of December,
1878. They likewise proposed an amend
ment to the constitution reconstructing the
Supreme Court. Under this revolutionary
proceeding the election was held on the I'd
of December, 1873, and the result has been
heraldcd throughout the land as wonder
fri D.nocratic achievement