Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-01-07
wHEN DOES THE LEGIsLATURE
ELECT A sENATORP


ELECT A SENATOR
The act Of Congress of July p, 1856,
which determines the time for electing
Federal Senator's. opens as follows:
The Legislature Of each State which
shall be chosen next preceding the ex-
piration Of the time for which any Sen
atcr was elected to represent said State
IN Congress, shall, on the second Tues
day after the meeting aud orgGmizatiOn
thereof, proceed to elect a Senator in
Congress, IN the place OF such Senator
50 going out Of Office, etc.
This double phrase meeting and
organization" allows play for legal
easuistry, because they do not both oc-
cur often on the same day, nor always
IN the same week. The second Tues
day after meeting" may not be iden-
teal with the secord Tuesday after
organization. Such is the situation
in the Tennessee Legislature to-day.
The second Tuesday after its meeting
viii be Jan. u, while the second Tues
day after its organization Will be Jan.
IS. There was an old usage Of the
word second, [" which would count the
Tuesday Of organization as first, and
the following one as second; but it
would be ridiculous to suppose that
Congress used the word in a sense so
Obsolete. Besides, it would not ob-
viate the discrepancy, if organization
had been delayed til Wednesday, as
was the case two years ago. Therefore
we are compelled to make a choice,
and take either the second Tuesday af-
ter meeting or the second after organ
ization.
The same ambiguity is Tepeated in
the second section Of the act, provi-
ding for the filing Of vacant Senator
ships, except that the word "com-
mencement is used IN place of "meet.
ing" The questionmight be raised on
this word whether Legislature really
Commences" until it is organized.
Certainly legislation does not; but uni
versal usage makes the days spent in
organization part Of the Legislative
session, for which members receive the
usual per diem. Poss bly, it might I'M
prove matters to change the usage in
this respect, and allow no pay till the
body is ready for business.
The closing portion Of the second
section, providing for the filing of
Senatorial vacancies that may occur
during the session OF the Legislature,
reads differently, setting the election
for "the second Tuesday after the
Legislature shall have been organized
and shall have notice Of such vacancy"
This springs the same question in an
other shape. A Legislature may wres-
tie with organization for several
weeks, receiving meanwhile notice Of a
vacancy, 50 that the second Tuesday
after organization would be the third
OF fourth after the notice. More fire.
quently the reverse would be the case;
the second Tuesday after notice of a
vacancy might be the third, fourth or
tenth after organization.
Evidently the purpose of the trainers
Of the law was that each condition
should be completed; and whichever
was realized first in point Of time, the
Legislature must wait till the other be
realized also. Returning to the main
point, then, if we insist on regarding
the words meeting" and 'organiza-
ton" as two distinct conditions, they
must both take place before the Tues
days begin to count. OF course the
words meeting and' are supeTfuOus.
| If the law prescribed ''the second Tues
day after organization, - il would cover
the whole case. But when shall We get
rid Of the surplusage that mars our
| statute books?