Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-11-23
THE STATE SENATOR'S.
Another Communication from Hon. w.
H. Parks Upon the Subject.


MARYsvILLE, November 20, 1886.
EDS. RECORD UNION Is it frivolous, as
charged by the San Francisco Chronicle,
to discuss the constitutional right of the
Legislature to extend the term of its own
Senators and shorten that of their sue
cessors, as was attempted to be done by
the Legislature of 1888? AT this time,
when the two great national parties are
striving for the ascendency in the United
States Senate, and the whole nation is
watching every movement, it seems quite
proper to me to discuss the question of the
power of the Legislature 70 change the
term of its Senators at will. Was it con-
sidered frivolous for the Republicans of
Ohio last winter to resist the attempt made
by the Democrats to seat four or five lille
gally elected members long enough to
elect United States Senator? Is it con-
sidered frivolous in the Indiana Repub-
licans at this time to resist the seating of a
member who is constitutionally disqual-
flied? Is it considered frivolous in the Re-
publicans of New Jersey to resist the count
ing out of Republicans? If not, why then
is it frivolous for California Republicans to
resist the attempts of the Democrats to
VAIN ONSl llt anu
seat q whole Senate illegally elected?
1t is very evident the Democrats do not
consider these frivolous matters. They
thought the supremacy of the United
States Senate of sufficient importance to
send Senator German of the Executive
Committee of the Democratic National
Committee to debauch and bride portion
of the California press to betray the Re-
publican party. Notwithstanding all this,
the Chronicle asserts that 1.-The discussion
of the question raised by Mr.. Parks is re-
garded as utterly frivolous in all quarters,
except in small circle of men, which so
frequently violated the Constitution just
after its adoption"
l think the Chronicle is mistaken that
none consider it frivolous except few in
whose pockets the coin still jingles that
they received from the Democrats for be-
traying the Republican party. They are
the ones most liable to think it frivolous
question. Those who desire to avoid the
discussion of this question always dismiss
it by referring to the fact that the Legisa-
ture of 1881 failed TO reapportion the State,
leaving one to infer that there was an ire
concilable confusion created thereby They
have not the fairness to quote that portion
of Section 6, Article w., of the Constitu-
ton, which provides g that until such dis
tricting as herein provided for shall be
made, Senators and AssemblyInen shall be
elected by the Districts according to the ap-
portionment now provided for by law"
The facts are, there is no conflict between
the new Constitution and the law as it
stood at the time, and the trainers of the
Constitution very wisely provided that in
case the first Legislature after its adoption
failed to reapportion the State that the
districts should remain Just as they were.
At that time the law provided that they
should elect the Senator's from the odd
districts in 1854 and from the even districts
in 1886, and so on alternating every two
years. The Court ordered the election to
be held in the odd districts in 1884, and the
Governor should have issued his proclama-
ton for the election of Senators in the even
districts in 1886. But instead of this he
ordered the election of all of the Senators,
and the election has been held under the
provisions of law that is unconstitutional,
and the election must necessarily be void.
But this in no wise interferes with the
hold-over Senators; they were elected for
four years, and under the terms of the Con-
stitution must so hold, and it will be their
duty to meet and pass upon the question
as to who shall be their associates,
Another way of Diminishing this question
is to say the Governor will not recognize
the Legislature composed of the hold-over
Senators. Now, who does not know that
the Governor has nothing to do with rec
ognizing the Legislature? The Legislature
organizes and canvasses the vote for Gov
ernor and Publishes the result ALI
this is done before the Governor is in
augurated. After this the Governor
elect appears before the two houses,
in joint Convention and takes the oath of
Office. Now, if the Governor-elect declines
to be inaugurated, that will be his fault
Governor Stoneman will continue to be
Governor until he consents to do SO, or
until a successor is elected who will quail
ify. The Legislative department. is entirely
independent of the Executive Department.
The Chronicle, in its usual dogmatic STYLE
declares what will take place" that the
Legislature just elected will meet and pro-
coed to business be recognized by the Gov
ernor aud recognize him" It's just barely
possible that the Chronicle is net authorized
to speak for the Legislature-elect. 1t is
barely possible that the House, after it is
organized by the election of Speaker may
conclude, as it will be plainly lis duty to
do, to recognize the hold-over Senators and
those whom they may declare entitled to
seats as the constitutional Senate. Yours
truly. w. H. PARKS.