Daily Los Angeles herald., 1879-05-25
Morning kilograms.
r.sse myers Going sou.n.

RanBenEerB GOlDg SOuth.
MoJAvE, May "a. n F Isaacs, T
L Rodgers, e w Crooks, @ Spring.
er, G Prayer, G Stopper, F 0 Wolf,
G Allschne, Miss Bessie Brown.
Miss Mary Barton. CJ Walter, W
Milton, A P RnfFels, G Ayers, G
Clough, @. Smith, G Connors, J
Snider.
the lIOld-Over Senator's -UOvernOr
Irwin Int~rvIewsd with Refer.
euce to hts Proclaim ai0n-His
views Adverse ~ sho H0sd-O vers.
SACRAMENTO, May 23.-Having
been advised that a runner pre- evails
In San Francisco that Governor
Irwin will recognize the right Of
hold-over Senators to seats in his
election proclamation, a represent
alive of the Record Union yester-
day called on Governor Irwin and
asked him concerning 1t.
Reporter-Governor, has such an
intimation been given by you?
Governor Irwin-On the contrary
I have stated in private conversa-
tion exactly the opposite.
Rep.-Have you given 1t official
consideration?
Governor Irwin-No, sir. I have
thought and spoken Of it, but not
with the view of deciding the mat
ter for the purpose of any procla-
nation, which is distant yet some
months.
Rep.-At present you think,
fho,o that oil N a kouo 4 ro a ro n ho
reelected.
Gov. Irwin-That is my view of
1t. It has seemed to me to be un-
deniabIe. I am aware, that is, I
have been told, some good legal
minds differ with me in my view,
and 1t is within the possibilities
that such line of argument may
be presented as to change my view
when consider 1t for the purposes
of my proclamation, but it is hard
ly probable.
Rep.-A rumor prevailing that
you held otherwise, 1t is desirable
to have the truth known.
Gov. Irwin-I have not held 9TH
erwise. In conversation / have
uniformly adhered to the view I
have stated. 1t seems to me those
holding different views have ar
rived at them upon untenable pre-
misses. think now-though / do
not like to have it 60 to the public
otherwise than as an individual
view and not as an official one-I
think say, that the whole confus-
ion arises out of the accident of
number, the accidental naming by
the Constitutional Convention of
the same number Of State Senators
az we now have, tO-wit, forty.
Suppose the new Constitution de-
clared that there should be but ten
Senators. as 1t was competent for IL
do, could any hold that the twenty
hold-overs would retain their seats?
Reporter-Do you think then it
would require an affirmative de-
claration in the Constitution to
enable the hold-overs to retain
their seats?
Governor Irwin-Yes, sir, that
Is one view of it. 1t was proposed
in the Constitution to have but
thirty Senators. 1t would have
been competent to have created
100 Senatorial offices. The Sena-
torial Office ls q Constitutional one,
and the term Is created by the Con-
sutton, with the Constitution +,
therefore it stands or falls. A new
Constitution absolutely creates,
and in our new Constitution the
Legislative Department Is re-
created, just as though we had
never had any,
Kep.-But some laws are contin-
ued in force by the instrument.
Gov. Irwin-Yes, statutory laws;
but the Senators do not hold by
virtue of statutory enactment.
Theirs is a Constitutional Office,
and the holding must be by its vir-
tue, as look att. Forty Senators
are to be elected this coming Fall.
They are to fill the Senatorial Off
ces created by the new Constitu-
ton, and those who heretofore held
the Senatorial Office are not by the
new instrument retained in office,
or any of them. l don't know
a stone for those who hold
otherwise to stand Oh, yet, l am
aware, as I have said, that some
hold to the contrary. While l
think as I do now, I shall, of
course, be open to conviction If 1t
can be shown my view is incorrect,
though 1t hardly seems probable
that any sufficient argument can
be made to give different con-
struction to the Constitution than
that now entertain. I shall go
moro deeply into 1t when l come
to consider 1t In my official ca
pacity.
In the foregoing interview the
Governors remarks have been
somewhat abridged, but their full
tenor has been given.
The House Commlstee Cauc"s.
WASHINGTON, May 22.-The
House Committee on Appropria'
tious to-day, after a discussion o.
the Legislative, Executive and
Judicial Appropriation bill, agreed
to concur In the Senate amend
meuts, and Instructed Chairman
Atkins to report the bill with q re
commendAtion that it pass.
As.,sh Of vice-Presidens wheeler
NEW YORK, May 28.-It Is re
ported that Vice-President Wheelel
Il troubled with extreme hevous
ness and sleeplessnesss q disease
that killed Greeley.