The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-06-10

should be Represented accordingly. 1t 10
absurd to say that, because senators and
representatives take an official oath that
they will be faithful to the state, will do
no act Injurious to the constitution, or
vote for any measure which they shall
deem injurious TO the people, or which
a6ridge their rights, they cannot be elected
upon this Issue. The very Issue enables
men to express their opinion upon the
question whether or not the act would be
injurious or beneficial to the people, and IL
is the only manner In which they can go
express themselves.
Equally absurd, 40 1t seems to US, is the
constitutional objections raised by Ches-
ter correspondent as published IN Friday 3
GLOBE. There is, to be sure, no provision
III the constitution providing for the form
ing of new counties. but new counties have
been formed in 1919, there were but two
counties In the state, now there are four
teen. The several counties have, in every
instance, been formed by al act of the
legislature, and their right SO 10 do has
never been questioned What has been
done, can be done. Our correspondent
'sks, by what authority the legislature can
elect sheriff, judges, high baliff, states
attorney, and judges of probate for the
new county? We answer that the legisla-
ure need not necessarily elect, although
We believe that, under the constitution,
they could pass Law authorizing an cleo
ion by that body of such Off GERS TO hold
1flice until the next general election. The
constitution, however, expressly confcrs
upon the governor power to fiji these Off
ecs, by providing that he "shai supply
every vacancy In any office, occasioned
"by death or otherwise, until the office can
= be filed IN the manner indicated by law.
:" or the constitution"
a more serious question. M would ap-
pear at first sight, is the one presented by
The same correspondent, asking by villa,
constitutional right, the legislature can, at
ITS next session, take from Windham and
Windsor county r senator which has been
tpportioned to them. We apprehend,
however, that little examination would
cause this objection to vanish in thin air.
The constitution fixes the number of sen.
ltnrs at thirty, and requires them to be ap.
| por'oned among the several counties &C.
cording to population, always giving one
senator to each county This apportion
ment, SO far ss any constitutional prohibi
ION exists, can be made at any lime. Il
| IS obligatory upon the legislature 10 make
IN apportiOnment after every United State,
| census, whether such census is taken once
| ten yeara, or once in two years; and
| slso, whenever census is taken by the
ia for the purpose of an apportionment
I The very fact that the legislature is not re
| 'tricted is 20 the time Of making appor
comments would seem TO imply that tn,
framers of the constitution anticipated
contingency --such as the forming OF new
county, for instance-when it would be
;1me necess NY to apportion the senator;
'hS" "''"'"' """''ih!s " HcW CENSUS.
ve are correct in our construction, there |.
10 constitutional objection in the way of .
CIV apporlionmsnt. If we are wrong, il
hows the necessity of thorough revision
# the constiiution-and, in our judgment
our constitution sadly needs revision. Ir
my event, the new county can be formed
1t the next so sion of the legislature, if tn,
convenience aud wishes Of the people de
nand 1t, and the act can take effect a
ONE future day--for if there 10 consti
utional obstacle to apportionment, it will
continue 10 stand in the way, and new
counties can only be formed by laws t
axe effect IN future.