Wilmington journal., 1875-08-27
GOVEEsNOik EBROGDEN IHE Or
ANGE VACANCY AND the SEN

II opinions of the present editor of fl
= Sentinel candor compels us to say tn.
y we feel the greatest surprise at the p,
: sItlon that paper has taken il refe
> cace TO the course of Governor Bro,
! den in calling the election to fill the V,
carey in the Orange delegation.
t Tho Sentinel maintains that tue spt
, cial election in Orange has been fixe
by Governor Brogden on the first de
on which under SIC lax lie ,.,u:,i q.
der it to be hc'n In support Of tn,
assertionl IT,: .H.HtjifcL cltrs sI,, e ,li
two and nuiy 'wu PROVISIONS of ;il
} law.
First The pruvi>, III requiring
that thirty days n";irr should be Civ
! ell by tie County Commissioners be
fore c~tahllsIiug any new pollin:
piacn or changing any Old one.
SccOnd,-T1e provision reqr: ring
the Secretary of State to send regis
tratlon books to the counties on o.
before the first Monday in June priol
to the regular August election.
Because the law makes these provi
slons il regerd to the regular bieuial
elections, the Sentinel holds that
they are absolutely necessary to q spe-
cial election held by order of the Gov
ernur to fill d vacancy.
Now We take it that no one will de-
ny that the object of the law is to ST.
cure to each constituency tne full re-
presentat on to which it is entitled un-
| der the law. Orange county is enti-
| tied to two delegates, she has only one
ard under Governor Brogdeu's ruling
and the SCIttiuCES reasons can have on
ly one untiT,the both of fSepteinb r thir
teen days after tho Convention meets
and possibly not until ffte 3u days
uttcrwurd, for if the election cannot
be held until the 10Th of September, the
returns cannot be canvussed and the
result announced until Saturday tho
18th and probably not until Tuesday
the 2lst September.
This cannot be tho law for, any con-
struction of the law That deprives
county Of its representation is a false
construction, if one be possible that
will ensure such representation.
But to come to the SentitaGl8 reu-
sons for its opinion. 1t it were true
thar 10 election could be held without
n change III polling places, as it is true
that no such change can take place
without thirty days notice, then in
decd it would follow that at least Sbir-
ty days notice should be given by the
Governor, Of the day fixed for the spe-
cal election. But it is not at oil nee
essary to establish new..or to change
old polling places III order to hold an
election, for elections are SO held
without change every year
Nor is it necessary to the validity
Of 6u election that the secretary of
State should provide regis ration books,
&c. III the first place he is required
to furnish them only when needed, and
them, the commissioners are author
lsed to provide them at the expense Of
the State.
Nor does the law require q special
election to be held absolutely under
the Same rules that regular biennial
elections are h"ld, but only $50 .ta,' as
thc pGrticular case can be governed
by tic gcncrui 312cS." If therefore
tie. prime object of the statute, that is
to say, the securing to every county
its full representation, can not be
obtained aU II special election uDdel the
ru;es provided for general elections,
then the general rules that interfere
With that purpose must give way. The
county of Orange, says the Constitu-
ion, j. onti5lcd to two representatives.
Governor B-ogden says that for a term
AT least they shall have only one. Which
Is supreme, Governor Broglen or the
Coa 5titutiOn?
Nor is this all. Governor Brog
den WAS either too particular or he WAS
not particular enough. He ordered the
election to take place on the 10th OF
September. According to our infor-
nation the order was not issued
until Tuesday the 18th of
August. Will some kind political
arithtnoticiun be plea sod to explain to
us howau order could be issued in
Raleigh, i'll Wake county, on the 18th
Of August, and reach Hlllsboro i'll Or
ange county in time to enable the
county COMM, sloners to meet and
discharge the duties required Of them
in cases of general elections thirty
days before, to the 10Th Of Septem-
ber According to our count there
are only thirteen days in August, after
! tho 18th of that month, and OILY tif-
| teen days III September, prior to the
10Th of that mouth--t10cntyci cight days
IN 0tI
IF. therefore, thirty days notice be
required the Governor has violated
the-law in ordering an election to be
held on the 10th of September. If
thirty days notice be not required he
has used the discretion bestowed on
him in such manner rs to Justify the
| seyerrst ceusure that can be heaped
upon him.
We respectfully submit that Cover
nor Brogden's action is utterly inde'
fensible.