The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1883-01-21
OUR STATE SENATE.
Chicago Legal Adyiser,

Our State Constitution provides that the |
Senate shalt be composed Of fity-one mem
bers; but that majority of the members
elected shall constitute quorum, making
the number to constitute quorum twenty
six, so that nothing less than this latter
number can be considered as a Senate.
The Constitution further provides that
the Senate shall choose temporary presi-
dent to preside when the Lieutenant Gov
ernor shall not attend rs president, or shall
act as Governor; and in case there shall be
no Lieutenant Governor. or in case the
Lieutenant Governor shall for causes set
forth become incapable of performing the
duties of the Office, the President OF the
Senate shall act as Governor until the va
cancy is filed or the disability IS removed.
On Thursday last the Senate proceeded
to organize by the election OF offices. In
voting on the election of president, the
highest number Of votes cast for any one
candidate was %, These being for Sena-
tor Campbell. The whole number Of votes
cast being only A. Whercupon Senator
Campbell was declared by the presiding
officer to be duly elected, on the ground
that he had received majority OF the
votes cast.
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importance, it must he remembered that
the position OF President OF the Senyte is
one constituted by the Constitution, aud is
one equally important with that of Govern
or, and the manner and form Of bis election
cannot be closed out on the basis of mere
motion to adjourn or even the appointment
of janitor or other like interior position
not noticed by the constitution.
For the purposes OF all Constitutional re-
qurements the Senate, when referred to as
such, is composed of twenty-six members.
This number at all times comprises the
Senate That is to say, nothing less than
this number constitutes the Senate, and
whenever the Constitution requires al act
to be done by the Senate, the act Is not per
formed unless it appears that 1t has been
concurred in by twenty-six Senators,
The election of those officers of the two
Houses of the General Assembly, which are
provided by the Constitution, are made inn
por'aut, especially that of presiding officer
of each House. for upon n contingency either
may become Governor.
1t may be answered, however, tina, in the
present case Senator Campbell has color of
Office, and his assumed position must be
treated as good until set side, as in other
| cases of color of Office. 1t il doubtful, how
ever, if this position can be considered as
sound, as applied to this case. The ques-
ton is, has he even color of office. The
sole evidence of bis right to the Office is the
journal OF the Senate The law has pro-
vlded no other, and this tails TO show his
election by the Senate. The journal sim
ply shows that he received the votes of
twenty.three senators, which does not con.
stitute an election by the Senate, so that any
claim of right to the Office in question, il it
becomes material, would seem to be utterly
void
The Constitution proceeds upon this
theory that the Representatives of the peo-
| pie properly represent the people them
| selves, and that their acts are the acts of
the people. That IN all proceedings con-
corning matters OF importance, as the pas
sage of laws, election of officers and the
like, majority shall be necessary. SO that
when majority of Representatives elected
is secured on proposition Of the kind in
question that and nothing short Of it,
represents majority of the people.
This matter ia not referred to here in
any other respect than as naked law
question; for SC far as the temporary Pre-
siding officer of the Senate is concerned,
it is immaterial for all practical purposes
how many votes were cast for the incum-
bent, so long as the Senators acvuesce
but in case he should attempt to act AS
Governor by virtue of such vote, we may
reasonably anticipate that the question OF
right will have to be met aud disposed of.
1t is in tho power OF the Senate to obviate
any trouble in this regard, if the members
choose to do so,
We have been quite apt III cases of this
kind to take chances as to the future and
TO refuse to bend to threat ned consequent
ces by either defying ar imploring the
courts, as in the late case Of the Probate
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