The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-01-09
TUESDAY. JAN. o, 1877.
The Election Of United states
senators at Ihe Coming Session
OF the Legislature.

vs. WV 80
The members Of the West Virginia
Legislature who meet tomorrow will be
called at an early day in the session 10
proceed to the election Of two United
States Senator's, one to fill the vacancy
caused by the death Of Senator Capcrton,
now bcing'temporSrily filled by Hon.
Samuel Price, Of Greenbrier, and the
other to succeed Henry G. Davis, whose
term expires on the 4Ih Of March next.
Upto the Act Of Congress Of July 25th,
1866, there was no United States statute
specifically directing the modus operundi
Of electing Senators in Congress, although
the Constitution Of the United States al
ways conferred that power on Congress
Except as to the places Of choosing Sen.
ators," The Constitutional provision is
AZ follows:
SEC. !, ART 1.-THE times, places and
manner Of holding elections for Senators
and Representatives shall be prescribed
in each State by the Legislature thereof;
but the Congress may ut any time by law
make or alter such regulations, except
as TO the places Of choosing Senators"
The act OF July 25th, 1866, was
framed to meet cases where the two
branches Of the Legislature in any State,
being controlled by opposite parties in
politics, refuse to unite in joint ballot,
and thus stavc of an election until como
party advantage can be gained, by tho
election, perhaps, Of new Legislature.
The act passed at that time, and which
now controls elections for US. Senator's,
is as follows:
SEC. II. The Legislature OF each State
which is chosen next preceding the ex-
piraliOn OF the time iOr which any Sena.
tor was elected TO represent such State in
Congress, shall, on the second Tuesday
after the meeting and organization there
Of, proceed to elect Senator in Congress.
SEC. 10. Such election shall be con-
Quoted in the following manner: Each
house shall openly, by u rira rOee vote Of
each member present, name one person for
Senator in Congress from such Safe, and
the name Of the person 50 voted for who
receives majority Of the whole number
Of votes cast in each house shall be en-.
tered on the journal OF that house by the
clerk or secretary thereof; or il such
house fails 10 give such majority to any
person on that day the fact shall be en-.
tered on the journal. At twelve o'clock
meridian OF the day following that on
which proceedings are required to take
place as aforesaid, the members OF the
Two houses shall convene in joint
assembly and the Journal OF each
house shall then bo read, and II
the same person has received n
majority Of all the votes in each house he
shall be declared duly elected Senator.
Butit the same person has not received
a majority OF the votes in each house, or
il either house has failed TO take proceed.
ings as required by this section, the joint
assembly shall then proceed to choose by
a rie rOcs vote Of each member present
a person for Senator, and the person
who receives majority Of all
the votes Of the joint assembly,
a majority OF all the members elected to
both houses being present and voting,
shall be declared duly elected. If no
person receives such majority on the
first day. the joint assembly shall meet ut
twelve o'clock meridian Of each succeed.
ing day during the session Of the LegisIa.
ture, and shall take at least one vote I'm.
I'll Senator ia elected.