Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-29
ELECTING A SENATOR.


\ caucus of the dominant party in the
Legislature has unanimously agreed that
on Tuesday next there shall begin the
election of United States Senator to sue
coed Mr.. Hearst. This is simply obeying
the mandate of the law We cannot con-
ceive how it would be possible for legisla-
tors regardful of their oaths to do other
wise. There are few persons, however,
in California who entertain the idea that
the refusal of the Senate to act may bar
the proceedings. But this is chimerical
If the Senate should decline to do its duty,
refuse to act, the result will be simply the
same as if it had failed by majority to
agree upon person as United States
Senator and the Joint convention would
follow. IL is impossible for one house to
prevent an election being held. But We
do not entertain any sort of suspicion
that the Democratic Senators will refuse to
do their duty, or that they will by any
subterfuge seek to avoid it and put those
present at the time designated to the
remedy provided for compelling their at
tendance. These Democratic Senators
have quite as high sense of duty as their
brethren of the other political color; they
have as much regard for obligations as
sumed as any others Of that house,
and they are their peers in intelligence
and observance of the proprieties. 1t is
unthinkable that such men will attempt to
prevent the inevitable. The law of the
case is perfectly clear and not susceptible
Of two meanings. 1t reads:
Each house shall openly, by viva voce 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 number of votes cast in
each house, shall be entered on the Journal of
that house by the Clerk or Secretary 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 i o clock meridian OF the day
following that on which proceedings are re-
quired to take place as aforesaid, the members
Of the two houses shall convene in Joint assem-
bly,, and the journal of each house shall then be
read and II the same 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, il either house has failed to
take proceedings requir6db tbs section the Joint
assembly shall then proceed TO choose, by viva
voce vote of each member present, person for
Senator and the person who receives a 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
elected. If no person receives such majority
on the first day. the joint assembly shall meet at
u o clock meridian of each succeeding day dur
ing the session of the Legislature, and shall
take at least one vote until Senator is elected.
So it will be seen that if the Democrats
should go mad and lose their wits to the
extent of absenting themselves, it would
not make particle of difference, for a
Senator would be chosen just the same
Evidently Section 10 of the Revised Stat
utes as given. above was framed purpose
fully to defeat any sort of chicane by
which an election might be defeated.