The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1878-10-20

every second year thereafter. is rstdb-
lished as the day for the election, In
each OF said states and territories, of
representatives and delegates to the
congress commencing on the 18th day
of March next thereafter
1t was held by many able lawyers
that the above act could % contra
vene the state or local constitution.
But upon reference above, ii will be
seen that this view is incorrect. Bat
1t was held so ~stoutly by many that in
1875 prior to the time prescribed for
the act of 1878 to take effect congress
modified the foregoing section $50 as
not to apply in any state that has not
yet changed its day Of election, and
whose constit ntion must lie amended in
order to effect II change in the day Of
election OF state officers" This WAS
lone in Difference 10 popular opinion.
Saws the TINES:
Now, the constitution of Iowa does
not per Sc fix the day for holding the
election Of state officers, or of congress-
men. 1t is not necessary TO change the
- i....r a.. .a..a-ft =.
order IN effect n chance dr The election
lay. The clIaIgc can he made by an
act Of the legislature. And the day for
the election of congressman in Iowa
was changed by an act Of the legisla-
ture passed in 1874, pursuant to tile act
of congress of 1873. That change had
been made in Iowa when The modifying
act OF congress. in 1879, was passed.
And members Of the present congress
were accordingly elected in Iowa, IL
1876, on the Tuesday following the first
Monday in N0uemJer, the day Of the
presidential election. Nevertheless. for
some reason unknown to the Ttaes.
the election of congressman in Iowa
was held, this year, on the first Tues
day in October.
II is therefore concluded that n, ron.
.osa,,.,;,.os ,a-oo,aros. 49,,
'esrns''',e' 'o.o"s'e'' ""'e "eh FRET
eu from iowh tlis year. secretary NC
Crary, N of the best authorities on the
law of elections III the country. advised
,b,, th. co,aross,,on ho alaotat; :, "
t,f|7 20 - ~
'~en"Ni. 10Y "ear 'ho"sh' inherent
ly, ana called the election for congress
1ntn Us well us lOl Otntf officers.
The Times concludes.
Not ono NJ tho nerso,s 90 n,.o.,,
elected ut the October election in low,
will be entitled to hold n seat in III,
neN. congress, OF IL entitiea 10 get !
on tbe dav Gxej 1"r tna 90 s ~ ,annrne.
tho Tuesday following the first Mon.
day in November. The house of rep
resentatiyes is the supreme and exclu
sive Judge of the election of its owl
members. The present house judged
and determined that Belfor1, elected
delegate for Colorado in October, when
the territory voted to organize MS Il
''state,'' was not lawfully elected, and
that Patterson, elected on the day fixed
by the act of congress, was lawfully
elected The modifying act of 1919
did not apply to Colorado, which was
not n ''statc' when the act was passed
and for the same reason does not now
apply to Colorado. Judge Relford, who
nas AGAIN Deen elected in October, VII
cnnnraos uno m" anw " sea. ~
unlawful election: md ihe man who
shall bring n certificate or proof of cleo.
ton on the day liked by the act of con
s'es' VIII, AGAIN NC "ona'''eo.
ie ~ 1'"eS 'i"hes se''o"s nn's'
'"Ac' us tue LEADER VIII SNOW. oui
,'''thtf ~ NV ittNl