Daily Los Angeles herald., 1879-05-20
Moro Of the Ho,a.Over senators.

More of the Hosd.Over senators.
With view OF giving our read
ers more complete understand
ing of the vexed question of the
hold-over Senators, we have exam
ined the proceedings OF the Con-
vention bearing on the subject;
and although these-owing to the
great pressure for time under
which the Convention labored-are
necessarily brief, yet they clearly
sustain the construction heretofore
given by us, and show that it was
the actual understanding of the
Convention that the effect of the
provisions adopted was to retain
the present Sc nators in Office.
The original report of the Com.
mittee on the Legislative Depart.
ment provided for the election of
80 Senators and go Assemblymen,
to be elected from so specifically de.
scribed Legislative districts. OF
course this rendered necessary the
turning out Of the Senators now In
Office, and as the report of the
committee was generally dissemi-
mated throughout the State, it gave
rise to a general impression that
the hold-over Senators were to va
cate their offices.
These provisions were, however,
amended by the Committee of the
whole, who adopted, in lieu of them,
provisions for the election of 40
Senators and 80 Assemblymen (the
present number), the former to be
elected from 40 Senatorial districts,
and the latter from 80 Legislative
districts, to be numbered from the
northern to the southern boundary
of the State, and to be adjusted fin
the future) upon the census of 1880.
In the article as reported by the
Committee of the Whole section 8
reads as follows (see proceedings of
February BY: "rhe Senate shall
consist of 40 members and the As
sembly of so members, to be elect
ed by districts as hereinafter pro-
vided. The seats of the 20 Senators
from the odd numbered districts,
chosen at the first election under
this Constitution, shall be vacated
at the end of the second year, SO
that one half of the Senate, after
the first election, shall be elected
every two years." This section was
at first adopted.
In adopting this provision the
Convention lost sight of the fact
that in section 9, as amended, the
designation of the districts had
been stricken out, and instead
thereof a provision inserted for the
dlstricting of the State after the
census of 1880, and accordingly on
the 4th of February the following
proceedings took place:
"Mr. Tinnin called up his motion
to move a reconsideration. He said
that section had been passed un-
der misapprehension.
The motion prevailed.
Mr.. Tinnin offered the following
substitutes: ("This substitute ls the
section finally adopted, which pro-
vides that the twenty Senators
from the odd-numbered districts
elected in 1882 shall vacate, &o.")
. Mr.. Cross said there was
a very decided conflict in the pres
ent sections. He thought there
was nothing dangerous in allowing
the hold-over Senators 20 finish out
their terms. He was in favor of
the Tinnin amendment, and if it
was lost he should offer an amend.
msnt allowing the twenty Senators
to hold over. He knew of no reason
why these men who were elected
by the people should Eot hold over.
Mr.. Van Dyke was afraid of GO
Ing back and attempting TO appor-
tion the State. He thought it de.
cidedly bad policy. The caucus
can be had so that the Legislature
of 1881 can make the apportion-
ment. He was in favor of
the Tinnin amendment. Mr.. Shurt-
lief spoke to the same effect. This
was all that was said upon the sub
ject and there was no dissent what
ever.
"The question being on the
amendment offered by Mr.. Tinnin,
it was adopted by vote of 06 ayes
to II noes"
1t seems, therefore, that the Con-
vention understood the effect of the
Tinnin amendment to be to con-
tinue the Senators in office; and
that, SO understanding it, they
voted unanimously for 1t. Com
pairing the amendment with the
section originally reported, there
can be no doubt that this was the
Intention.