Omaha daily bee., 1877-01-16
THE U. q. Law PROVIDING FOR
THE ELECTION OF A SENATOR.

H U. y. LAW PROVIDING
THE ELECTION OF A SENATOR.
AS we r on the eve of an elec-
ton Of United States Senator In this
State, some description of the
modus operandi will be of interest
to the public. Previous to the en-
actment of the law of 1868 there
was no provision OF United States
law requiring that the election
should take place at any particular
time or any particular mode, that
being left to be determined by the
Legislatures Of the States, under the
provision of the constitution en-
towering to elect. The usual
method wac by vote taken in joint
convention, which required the pre-
vious adoption of a concurrent reso'
luton by both Houses naming the
time for going into such joint on
vention, when the election was
made by a majority OF the votes of
both houses. The failure to elect in
some cases growing out of the re-.
fusal of one House or the other to
meet III joint convention-whicb oc-
casionally happened when the two
houses were opposed to each other
pelitically-inally led to the enact
ment of the law Of July %, 1866,
prescribing the time of election and
mode of procedure. That law is as
follows;
Sec. IA. That the Legislature OF
each State which shall be chosen
next preceding the expiration of the
time for which any Senator was
elected to represent Said State in
Congress shall, on the second Tues
day after the meeting and organize
ton thereof, proceed to ele.;t a Sem
ator in Congress, in the place of
such Senator so going out of office,
in the following manner:
Sec. is. Each House shall openly,
by viva voce of each member pres
emf, name d person for Senator
i'll Congress from said State, and the
name OF the person so voted for, who
shall have a majority of the whole
number of votes cast IN each House,
shall be entered upon the journal OF
each House by the Clerk or Secre-
tary thereof; but if either House
shall fail to give such majority to
any person on SAID day, the fact
shall be entered upon the journal.
At twelve o'clock, meridian, of the
day following THAT on which pro-
ceedings are requested to take place
as aforesaid, the members of the
two houses shall convene in joint
assembly, and the journal of each
House shall then be read, AID if
the same person shall have receiv-
ed q majority of all the votes in
each House, such person shall be
declared duly elected Senator to
represent said State in the Congress
of the United States; but il the same
person shall not have received a
majority Of the votes iS each house,
or il either house shall have failed
to take proceedings IS required by
act, the JOINT assembly shall
proceed to choose /; by a Wpo Voce
vote of each member present, q per-
Son for the purpose aforesaid. and a |.
having q majority of the
members elected to both houses be-
ing present and voting, shall be de-
duly elected; and in case no
person shall receive such majority
IN the first day, the joint assembly
shall meet at twelve o'clock, meri-
liam, of each successive dey during
he session of the legislature and
AXE at least one vote, until a sena-
or shall be elected.
The other sections of the law pro-
vide for elections to fill vacancies,
Ind require the certificates of cleo
ion to be signed by the Governor,
'ountersigned by the Secretary of
state, and addressed to the Presi-
lent of the Senate. In CASE of va
'sncy existing at the time the Leg
stature assemblies, the Legislature
8 required to proceed to an election
n the same manner as for q regu-
ar term when the vacancy occurs
the session, the election takes
lace on the second Tuesday after
f1cial notification of the fact.
Under the above law, the ballot !
no for Senator for slx years from s
he 4th Of March next, to fill the
'acancy which will be caused by
he expiration of Senator Hitch.
Ock's term of Office, will be held
the separate houses on to-day I
and on the day following !,
he two houses will meet in conven- !
ion.