Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-01-16
4 MLJOBITY OF THE WHOLE LEGIS
LATURE REQUIRED.

relative to whether a majority of those
present and voting for United States sena-
tor can elect, or whether it is majority
of the whole legislature. The GLOBE on
yesterday took the ground that it
required the majority of the entire
Legislature, and our special kilograms
from Springfield this morning, show that
the same opinion is entertained in Illi-
nois. The election of q. S. Senators takes
place under an act of congress which reads
as follows:
Sec. Is. Such election shall be conducted in
the following manner: Each house shall oper-
ly, by viUd Uoce vote of each member present,
name one person for senator in congress from
such state, and the name of the person so voted
for, who receives a majority of the whole num-
Der of votes cast in each house, shall be entered
on the journal of that house by the clerk or sec
rotary thereof; or if either house fails to give
such majority to any person on that day, the
fact shall be entered on the journal. At twelve
o'clock meridian of the day following that on
which proceedings are required to take place as
aforesaid the members of the two houses shall
convene in joint assembly, and the journal of
person has received a majority of all the votes
in each house, he shall be declared duly elected
senator. But if the same person has not
received a majority of the votes in each
house, or if either house has failed to take pro-
ceedings as required by this action, the joint
sembly shall then proceedto choose by viU0 UOce
vote of each member present, person for sena-
tor, and the person who receives majority of
all the votes of the joint assembly, majority of
all the members elected to both houses being
present and voting, shall be declared duly elect
ed. If no person receives such majority on the
first day, the joint assembly shall meet at twelve
o'clock meridian of each succeeding day, during
the session of the legislature, and shall take at
least one vote, until senator is eleted.
The reader will notice that under no cir
cumstances can there be any one declared
elected upon the day that the
houses vote separately. The act reads that
if any man receives a majority of the
votes cast in each house separately the fact
shall be duly recorded. There is no declar-
alton of an election, but journal entry
made of the vote.
In the next sentence the provision is
made for declaring the election. The
journal of each house is to be read in
the joint convention on the following day
and if the same person has received
a majority of ''sll the votes in each house"
mot of all the votes cast, but of all the
votes) he is declared elected. In other
words the same person must receive a ma
jority of At votes in the senate and a ma
jority Of 1eS votes in the house to-day, IN
order to be declared elected by the joint
convention tomorrow.
The law then proceeds to direct that if
no one has received such majority in each
house voting separately, the joint conven-
ton shall proceed to ballot and the man
receiving majority of all the votes of the
Joint convention shall be elected. In
other words the joint convention consists
of $50 members. There may be ten,
twelve or twenty absentees, but it is the
whole legislature that is referred to.
There must be majority of $50,
OF rs votes cast for one person
to make an election. The words which
follow, will be noticed, on careful read
ing, to explain what shall make quorum
of the joint convention, but do not qualify
the previous declaration that majority of
the whole joint convention is required to
elect.
1t is preposterous to suppose that the
law contemplates the election of United
States senator by majority of bare
quorum. In this case seventy-six
would make quorum and thirty
nine men out of a body
of $50 could elect senator. If there is
any obscurity in the statute there is GER
tainly eminent reason for the application
of common sense in its construction.
careful reading, however, can but remove
all doubt. The only points where the
declaration of an election is referred to
speaks of majority of all the votes in each
house, or majority of all the
votes in the joint assembly. There is
no statement that it is a majority of all
the votes cast and that is not the intent of
the Law. The only place where mention
is made of the majority ofsthe Votes cast,
is in reference to what is to be recorded in
the journal. That is to be recorded as
fact ana not as declaration Of an election.