The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-11-19

The Ohio Ssnatorship.
Mr.. s6saxax Is reported to have gwen u
:. HE op,u,on that when Mr.. GARFlEap
shall decline the pest, the Ohio Legislature
will have the RIGHT to elect a new senstor az
once "a Gil Mr.. TauRxAx's F'sce. ME-.
suxRuAxss very anxious 10 secure The place
sor h,assetf. Ills opinion, therefore, Is not
an ,mpcrtant one, supposiug that he nae
rivea such an opinion, as we are not W.
c,iued TO believe he has. The ACT OF Con-
gress, we repeat, expressly provides ff sh
cases that can well happen. 1ne Les's'a'
ture Il told what II shall do:
ls,. when it meets last before a regular
term will expire. =.
"a. Wpcu a vacancy exists at the time OF
It's meeting. And
a.. when a vacancy happens whilst II Is
In s,ssien.
Clearly, there Is no casus onatssus. Tue
frs, proyision operated when Dir. GARFIELD
WAS elected. II cannot be pleaded as an.
tbori,y for q second election. But II can
not operate In the case underconsldera'ion'
because the time il expressly fixed. me
Law REQUIRES the el6 c,ion TO be made on tue
second Tcesday after the meeting "d"d
organixatios y OF the Legislature. The Or
giu'zation Of the Legislature OF o0io
which 10 TO meet again next January was
effected before Mr.. GARFIELD was e'ec'eu'
The Federal Constitution in express terms
authorizes Congress to fix the time Tor Tue
election of senator's. Itbas done so. Clear
ly. then, a successor TO Mr.. THURMAN can
not lawfully or .constitutionally be eiected
under the first provision above stated.
The second provision above recited can
not operate, as there Will be no vacancy ex-
listing when the Legislature meets.
The third provision requires remember,
reuuires-not merely %authorizes) a vacancy
which happens when the Legislature is N
session to be filed on a certain DAY. Now,
This Is shat is going to be the case in ONO.
The Legislature will in all probability be in
session on The 4th OF March, and as the va
caucy will occur on that day, that Leeisla-
fure will be compelled. under The Laws above
referred TO, to elect q senator; and that
senator will necessarily be the only lawful
Iy.elected senator. One elected before that
time would be elected MOI only IN disregard
but in violation Of law. The Republicans,
bad as they are. would hardly seat a claim
ant thus chosen.
But suppos the Legislature shall resolve
10 adjourn before the 4th Of March. That
woulJ not authorize that body to elect be-
fore q vacancy exists. The Governor would
in that event bave the right to appoint a
senator after the Alb OF March.
General C.. II. GROsyENOR, OF Ohio' has
suggested the following ingenious method
OF eyadlng tie act OF Congress. He says.
"L.et General Garfield request Senator
PepdIetop 10 withdraw bis credentials so
soon as the Senate cOnyenes, and notify the
Governor of Ohio that be VIII not accept
the Office OF senetor. Then on the second
Tuesday after the Governor sends Official
notice OF these facts 10 the Leglsia-
ture. let il proceed and elect a sen.
ator for six years from March 4, 1881,
and BILE his credentials. On The 4ih OF
March such senator will be seated on his
primo facie case, rs l have said. Then on
the secoud Tuesday after the 4ih OF March
let the Legislature elect the same senator
again, and let his new credentials be nled.
And then, il objection Is made to ~ hrst
election. the Senate can decide that as an
abstract question, and we shall not feel any
especial interest IN bow it does decide. The
question will ne an interesting one 10 law
YER, but TO nobody else. Ohio will be rep
resented by a Republican all the time, and
the strain al Columbus avoided"
The point Of this suggestion istbat where
there Is no contest u claimant is always
seated upon such credentials as he pre-
sents; and the Senate afterwards decides
whether be was duly elected. In the case
under consideration, no report would lkelv
be made upon the Ohio claimants case until
he had been elected a second time-when 1t
would be a matter OF indifference TO him
aud to The Republicans who would thus
have secured Il vote by a trick, whether he
should be seated under the first or the Sec
Ond election.