Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-02
THE HoLD-ovER sEsAroRs.
Results Predicted from q Nom Compliance
with the Consultation.

with the Constitution.
MARYsvILLG, November 80, 1886.
EDS. REcoRD-U SION: Since my first letter
on the subject of hold-over Senators was
published in the RECORD UNION, have had
numerous letters from persons in various
parts of the State, all agreeing that the
Senators from the odd districts must hold
over under the terms of the Constitution.
But they are not all quite clear as to how
this can be enforced, with Democratic adj
ministration against the proposition. Two
years ago, when the writer raised the same
question in the Republican State Central
Committee, it was received with quite as
much doubt as is expressed at this time.
But the committee were induced to appoint
a subcommittee to obtain the views of
leading lawyers of the State. The opinions
of the following gentlemen were OBJ
tanned: Hon. j. Mem. Shafter, Judge S. G..
benson of Sacramento, Hon. l. S.
Belcher and E. A. Davis of Marysville,
and quite a number of Others These
gentlemen, without any conference with
each other, gave written opinions, all hold
ing that the Constitution required an cleo
ton to be held in 1884. After receiving the
opinions of those gentlemen, the question
was how to proceed, as it was not expected
the Governor would issue a proclamation
for the election of Senator'S The COM
mittee finally determined to request the
County Central Committees to elect Sen
ators from the odd districts, whether there
was proclamation issued or not. AS the
Court had already decided that there was a
vacancy, that it was not essential q
proclamation should be issued. After this
policy had been agreed upon, / called upon
Governor Stoneman and told him what
had been done, and that he would have to
meet the question sooner or later. If he
failed to issue the proclamation calling for
the election of Senators, in case the Repub-
licans elected majority of the Assembly
they would recognize the Senate with the
newly-eleeted members from the odd dis
tricts and the hold-overs from the even
districts, then if the Democrats concluded
to withdraw and organize second Legisla-
ture it would be for him to determine
which of the two he would communicate
with, and farther that the Republicans
would probably elect United States Sem
ator, pass the appropriation bills, the tax
levying bills, all other necessary legisla-
ton, and send it to him for his approval or
rejection. Further, if he failed to approve,
that his administration would be without
the means of carrying on the government.
The public press were as reticent at that
time 20 they are now on the question.
None appear to have the courage, or else
lacked the disposition, TO discuss
it, with the exception of the
Examiner. Mr.. Baggett furnished
number of long communications
for that paper, attempting to prove that the
Constitution did not require an election to
be held. These were met by the publica-
ton of the opinions of the lawyers, before
referred to, and it was understood that quite
a number of prominent Democratic lawyers
concurred in these opinions. The Demo-
Gratis became alarmed, and proposed to the
Republican State Central Committee to
make test case and take it to the Court.
The Republicans declined, and finally the
Democrats make the case themselves and
the Court ordered an election.
Now, Mr.. Editor, the case is the same to-
day. The Democrats were then attempting
to lengthen the terms of Senators, and now
they are attempting to shorten them. The
that pointed out to Governor SLOVENIAN
two years ago. They have a majority of
the Assembly, with the power to recognize
a Senate composed of the hold-over Sena-
tors. The Constitution requires that they
should do so.
One of the maxims of the Republican
party is an honest election, free ballot
and fair count" and there never was a
better time for them to demonstrate that
they believe what they profess. The cleo
tons for Senators, just held, was not hon
est because it was unconstitutional, and
the Republican party will do less than its
duty if it fails to see that the legally-con-
stituted Senators take their seats. There APP
pears to be considerable stress attached to
the fact that an election has been held
The editor of the Colusa Sun puts this
very strongly. He admits that it is de-
batable question whether an election for
Senators ought to have been held or not, but
says, This is an afterthought of the Repnb-
cans" Now let me submit the following
questions to the Sun editor: Suppose the
Governor had inadvertently, or otherwise,
called an election for all of the Superior
Judges of the State, and that both parties
had nominated, and some had run indie
pendentIy, and that the people held the
election and the result had been declared,
Just as it has in the present case for Sen
ators. Does he suppose for moment that
these Ju6ges-elect would take their seats
and hold court or would the people say it
was an afterthought on the part of the sit
ting Judges when they raised the question
as u tlle ltSdlily Vi Tie tleCtlOH ne
offices of Superior Judge and State Senator
are constitutional offices, with terms def
nitely fixed by that instrument, and can
not be changed-even by the people
themselves-until they have changed the
Constitution. If the Constitution is
obeyed, there can be no confusion.
On the contrary, if disregarded, all
will be confusion. If the persons just
elected Senators are permitted TO take their
seats, all OF the acts of the Legislature will
be void. The person elected to the U. S.
Senate by them will be challenged when he
presents his certificate of election, and that
body cannot do otherwise than refuse him
his seat. The appropriation bills and the
tax levy bill will be void, and we will see
another instance of Democratic admins
tration without money to pay the expenses
of the Government. We will have another
case of corporations, or individuals, refus-
ing to pay their taxes on the ground of an
illegal levy, and no end of confusion viii
arise But follow the Constitution and all
will go smoothly. Yours, truly,
w. H. PARKS.