Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-06-03
THE NEXT LEGISLATURE.

1t Is Claimed that Senators and Members
Mast Be Chosen at the Meat Election.
To the Editor of the Globe.
The opinion seems to be entertained by many
that members of the legislature are not to be
elected at the next election, they claiming that
the Senators and Representatives last
electe hold over until the expiration of the pc
riod for which they were elected. This opinion
is, to my mind, clearly an erroneous one, and,
with a view of calling attention to the sub
ject, will briefly state why think SO.
Section % of article of our constitution
provides that 'the legislature shall provide by
law for an enumeration of the inhabitants of
this State in the year one thousand
eight hundred and sixty-five, and
every tenth year thereafter. AT
their first session after each enumeration
so made, and also at their first session after
each enumeration made by authority of the
United States, the legislature shall have the
power to prescribe the bounds of Congress
sional, Senatorial and Representative districts,
and to apportion anew the Senators and Repre-
sentatlves among the several districts, accord
ing to the provisions of section second of this
article" Section two provides for the number
of Senators and Representatives upon the basis
of population.
Herr, then, is ample authority for the legis-
lature to, at their last session, pass law to
"appOrtion anew the Senators and Representa-
tives;" which they did, by Reproducing the
State into new and different Senatorial aud
Representative districts. Now, section one OF
the reapportionment act of last winter declares,
that for the next legislature, and thereafter
until a new apportlonment shall have
been made, the Senate shall be composed of
forty-seven members, and the House of Rep
resentatives shall be composed of one hun
dred and three members" Section two desig-
mates and specifies the several districts. Sec
ton four declares that call acts and parts of
acts inconsistent with this act are hereby re-
pealed." (Which certainly repeats the law un-
der which the members of the last legislature
were elected;) and section five provides that it
shall "take effect and be in force from and af-
terits passage" 1t was approved March 4th,
1881
From all this it is manifest that the men,
bers of the last legislature have, by ample con-
stituional authority, been legisated out OF
office; and that until an election Of men,
bers is had, we have no legislature TO meet.
l apprehend that the opinion to the contrary
uf this view has its foundation in the peculiar
language employed in the amendment
of section "a of article 4 of the constitution,
and what is generally known as 'the biennial
session amendment" portion of which is as
follows:
Representatives chosen at such election
(the election of 1879 or at any election there
after, shall hold their office for the term OF
two years, except it be to fill a vacancy, and
the Senators chosen at such election by dis
tricts designated by odd numbers, shall go out
of office at the expiration of the second year,
and Senators chosen by districts designated by
even numbers shall go out of office at the ex-
piration of the fourth year; and thereafter
Senators shall be chosen for four years"
But persons holding this opinion must over
look the following concluding clause to this
section, to-wit: Except [hat] there shall be
an entire new election of all the Senator's at the
election of Representatives next succeeding
each new apportionment provided for in this
article"
The language of this "biennial session
amendment" is Ito put it mildly not happily
chosen; but there is no question that, in pass
ing it, the Legislature las well as the people
who voted for it) inteuded that new election
of Senators and Representatives should take
place after each new apportionment. In this,
as In all similar cases, the true rule and test
of constructionis:W What was the manifest inten-
ton Of the trainers of the law? Applying this
test there can be no doubt, in the mind of
anyone, that members of the Senate and HOUSE
of Representatives are to be elected at the next
election. In fact, am surprised that a con
trary opinion should be entertained.
Hazel Hill Cottage, May IS, 1881.