Daily Los Angeles herald., 1879-05-25

Rao0e080f8 GOiO& SOOtn.
MoJAvE, May "a. H F Isaacs, T
L Rodgers, e w Crooks, @ Spring.
er, G Prayer, G Stopper, F o Wolf,
G Allschne, Miss Bessie Brown.
Miss Mary Barton, CT Walter, w
] Milton, A P Rndels, G Ayers, 9
Clough, q. Smith, 9 Connors, J
Snider.
Ths lIoid-Over sen~sors-u
Irwin Interviewed with refer.
euce 60 his ProsiWmssi0n-His
views Adverse 50 enc Hoid-0vers.
SACRAMENTO, May 23.-Having
been advised that runner prevails
In San Francisco that Governor
Irwin will recognize the right Of
hOld-Over Senators to seats In his
election proclamation, a represent
ative 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
1 have stated in private converse.
tion exactly the opposite.
Rep.-Have you given 1t official
consideration?
Governor rIrwin-Nu, sir. l 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,
then, that all the Senators are TO be
reelected.
Gov. Irwin-That is my view of
1t. 1t has seemed to me to be un-
deniable. I am aware, that is, /
have been told, some good legal
minds differ with me in my view,
and 1t is within the possibilities
that such a line of argument may
be presented as to change my view
when I consider 1t for the purposes
of my proclamation, but 1t is hard.
ly probable.
Rep.-A rumor prevailing that
you held otherwise, It is desirable
to have the truth known.
Gov. Irwin-I have not held 9TH
erwise. In conversation l have
uniformly adhered to the view 1
have stated. 1t seems to me those
holding different views have ar
rived at them upon untenable pre-
misses. I 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
as 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-
claratlon 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 bnt
thirty Senators. 1t would have
been competent to have created
100 Senatorial offices. The Sena-
torial Office is Constitutional one,
and the term Is created by the Con-
sutton, with the Constitution,
therefore 1t stands or falls. A new
Constitution absolutely creates,
and in our new Constitution tho
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 q Constitutional Office,
and the holding must be by its vir-
tue, as 1 look att. Forty Senators
are to be elected this coming Fall.
They are to fill the Senatorial Off
ces created by the new Constitu-
tion, 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
stone for those who hold
otherwise to stand Oh, yet, | am
aware, as I have said, that some
hold to the contrary. While l
think as I do now, l 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 a different con-
struction to the Constitution than
that l now entertain. l shall 60
moro deeply into 1t when | come
to consider 1t In my official Ca
pacity. a.
In the foregoing interview the
Governors remarks have been
somewhat abridged, but their full
tenor has been given.
rhe House Committee Csuc"s.
WASHINGTON, May 22.-The
House Committee on Appropria.
tions to-day, after discussion oi
the Legislative, Executive and
judicial Appropriation bill, agreed
to concur Ia the Senate amend'
meuts, and instructed Chairman
Atkins TO report the bill with re-
commendation that it pass.
Ms.lsh Of vice-Prssidens wheeler
New YORK, May 2S.-It is re
ported that Vice-President Wheele
is troubled with extreme hevous
ness and sleeplessness, q diseas'
that killed Greeley.