Daily Los Angeles herald., 1879-05-17
What Shall the Governor Proclaim?

1t has been freely admitted that,
under the new Constitution there
Is to be general sweeping from
Office of present incumbeDts, but
the fact appears to be that, with
the exception of the Judges and
certain mmissions, which are
not yet defined, there are few, if
any, officers interfered with. The
terms of the present State and
county officers expire by limita.
tion next spring; new Assembly
had 10 be elected and half Senate,
but the opinion prevails that under
the new instrument a full Senate
must now be chosen. Let US ex-
anime that. The Governor will be
required to issue an election proc
lamation, at least thirty days be-
fore any general or special election,
in which he shall state the time of
the election and state the offices
to be filled. His Excellency then
will be obliged to study the new
instrument. 6e,tion 8 Of the legis-
lative article reads:
Members of the Assembly shall
be elected In the year 1879, at the
time and In the matter now pro-
vided by law.
Section 4 of the same Article
reads:
Senators snail be chosen for four
years, at the same time and places
as members Of the Assembly.
This is what the new Constitu.
tion says, and all 1t says, concern
ing the election of Senators and
Assembly, men at the coming elec.
tion. The Assemblymen are to be
chosen as "now provided by law,n
and Of course the Senators must be
chosen also, unless there be some
thing in the new Constitution to
the contrary. And there is nothing
to the contrary-not q word. The
hold.over Senators are not legis-
lated out in express terms, or in
any terms. The new Constitution
abolishes the Courts thus: "All
Courts now existing, save Justices
and Police Courts, are hereby abol-
ished." That is concise and clear;
but there is not line In the new
instrument saying that the office
of q hOld-Over Senator is abolishe cd.
Senators are to be chosen as AS
semblymen are chosen, 'sas now
provided by law" and section 22S
of the Political Code declares that
In 1875 and every four years there
after there must be elected In Ger.
tain named districts certain mum.
Der of Senators, twenty in all.
Now, IL that were all that is said
about Senators the case would be
clear, say some, and the Governor
would be in duty bound to make
proclamation In accordance there.
with, but In section of the Legis-
lative article it Is declared that Gall
the Senators elected at the first
election under this Constitution
shall hold office for the term of
three years. wherefore they con-
tend that the Convention meant to
sweep out the twenty hold-over
Senators. 1t has nowhere said 30;
1t has not declared how many Sen.
ators shall be chosen at the fret
election, but leaves the whole mat
ter with the law. What has the
Governor TO do in his proclamation
with the terms of Office? He has
only to declare who are to be
chosen, and the term question is a
subject wholly beyond his control.
And this is not q legal question.
The Courts have no control over 1t.
The Senate is the sole judge under
the new Constitution, as under the
old of the election and qualification
Of its own members. The twenty
hold-over Senators have their Ger.
ti6cates of election already-they
are on file in the Office OF the Sec.
retary Of State-and will take their
seats, for there Is nothing in the
new Constitution saying that they
are not entitled thereto, and 1t may
be for them to say who shall sit
with them.--Sacramento Bee, May
13h.