The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-01-22

The act Of Congress prescribing the man
ner In which United States senator's sha'' DC
e,ected needs amendment. AS IL no"
stands. i, requires senator to be eiec'ea 'n
exesv STATE Of, the second Tuesday after tue
mee,ine aud organization OF the Leeis'a'
t,src chosen next before The term OF the sen-
s,or expires. whether this be the last ses'
sion OF the Legislature before the exp'fa-
t,ou Of the term or not. A Legislature
meeting annually but elected pienn'a'iy
NAV thus be compelled to elect senator
some eighteen months before nc can ,aN'
his seat. Our impression Is that Mr. Mel
rceo,s successor was elected last winter ny
the Louisiana Legislature notwithstanding
thar AIR KgtloGo's term will not expire
unsl, the 4,b of March, 1888. The Legis's-
lure was elected for four years, we sup
pose. and the last winters session was
therefory the one described 10 the act Oh
Congress. T.,
Again: the law provides for elections III
only three contingencies Fist, the meet
ING and organization OF the Legislature
chosen next preceding the expiration OF a
senator's term; second, vacancy eXisuag
when the Legislature meets; and, third,
vacarcy occurring during the session OF tue
Legislature. 1t was supposed when the act
OF Congress was passed that these three were
an the contingencies that could happen
but experience has shown that such Is not
the case. The first section OF the law was
complied with in Ohio last winter, wneh
Mr.. G GARFIELD was chosen senator. Ills oe'
c,inafion Of the seat this winter IS a case iei'
unnrovIded for, seeing that no vacancy
existed when the Ohio Legislature met
and none can occur before the Attn OF
March next, and, as we nave saiu'
Mr.. GARFIELD was elected under the hfsl
section OF the act, and this section cannon
again be brought into use. Mr.. THURMAN,
term will expire on the 4ih Of March. ii
the Legislature of Ohio is then IN session.
as it probably will be. vacancy VIII tnen
occur during the session OF that Legislature
and II will clearly be the duty OF that BODY
10 elect a senator. Mr.. SHERMAN VIII OF
course be elected again. so as.to perfect Ills
title: but the fact that he VIII probably moi
be allowed to take his seat under the eicc'
ton Of the other day is proof enough thal
The law is defective. II, on the other hand,
he is allowed to take his seat under his re-
cent election. this fact will demonstrate
still more plainly the necessity for amend
ing the law, since its third section VIII IN
that case be treated as a mere nullity.
Again: It is said that an attempt VIII De
made in Tennessee TO prevent an election
of United States senator this winter, IN
order that the Governor may succeed TO the
right Of naming one, and thus secure Re'
publican senator from that State. The law
on the subject ought TO be such one as
would operate TO prevent Governor from
appointing under such circumstances. The
Senate Itself has always tperbaps with one
or two excep,ions) refused to allow sena'
tors appointed under such circumstances
10 be seated; that is, when the Legislature
had had an opportunity TO elect but hac
failed TO do so; aud 1t would be we'll fol
those practical adiudications to take the
form OF law.
Other reasons might be given fora change
OF the law In question. Let these suffice
for the present.