Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-07
HOLD-OVER SENATORS.
ANOTHER LIE TER FROM THE
HON. SPEAKER PARKS.
An Interesting View of the Present
Political Situation as He Re-
CARDS the Law and Facts.
MARYsyrLLE. DECEMBER 5. 1ss

MARYsvILLE, December s. 1886.
EDS. RECORD UNION: l am in receipt of
a number of letters asking how it would
be possible to get quorum of the Senate
if the Senators from the odd districts hold
over. In answer. 1 will say, from my
standpoint: There are eighteen hold-over
Senators; there have been five legally
elected, making twenty-three Senator'S
Genral Carey having received Federal
appointment, will not, in all probability,
take his seat, and there is no authority to
force person to accept an Office although
elected. Mr.. Johnson and Mr.. Mailer are
members of the Senate. They have taken an
oath to discharge their duties as SUCH They
can be compelled to meet with the Senate
by call of that body. If they fail to obey
they will be in contempt and liable to pun
ishment or to flee the State as the Demo
Gratis did in Ohio last winter. The mere
fact that Mr.. Johnson and Mr.. Mailer have
been elected to other offices does not release
them from their obligations to serve as
Senators. If there is any reason why Mr.
Johnson cannot fill the Attorney Generals
office While serving as Senator, then his
election to that Office is void, and General
Marshall continues to be Attorney General
AS to Mr.. Mailer, he is a member of the
Senate and the seat in the Assembly will
be vacant
If the Democratic Senators should decide
to defy the Senate, it would leave that body
without quorum, and all business would
be blocked, except the election of United
States Senator. The inauguration of Gov
ernor would have to be postponed until
quorum could be had. The minority of the
Senate can pass upon the election and the
qualifications of Senators, and it would be
their duty. to do so, admitting those legally
elected, and declaring the seats vacant of
those illegally elected. The Senate, being
already an organized body, as soon as the
House should organize by electing a
Speaker, the Legislature would be ready for
business. The Assembly would have so
members elected. if Mr.. Mailer is counted.
If he was called to the Senate, as he should
be- it would leave 70 members and the
Senate would have % members, including
General Carey, and leaving %, if he failed
to take his seat, thus making quorum in
each body.
By the following United States statute
it will be seen that it is not in the power of
the minority to defeat the election of
United States Senator, provided there is
majority of all the members elected in both
houses that are willing to go into Joint
Convention. 1t will be noticed by this
statute that if either house fails to comply
with the law, it then becomes the duty of
the members of the two houses to meet in
joint Convention-not the two houses, but
the members of the two houses. And if any
person receives the votes of majority of all
the members elected to both houses, he shall
be declared elected. Or, in other words,
anyone receiving 81 votes in joint Conven-
ton would be duly elected. 1t follows that
the Democrats would have no power, even
if they absented themselves, to defeat the
election of United States Senator. The
Republicans would have Al votes in the
Assembly and Is in the Senate, making 81
votes, or more than the requisite number.
The statute above referred to reads as
follows:
Sections "A and Is of Title II. Chapter l. Re-
vised Statutes United States-An Actt to regulate
the time and manner of holding elections for
Senators in Congress, approved July p, 1866.
Section a. The Legislature of each State,
which is chosen next preceding the expiration |
of the time for which any Senator was elected
to represent such State in Congress, shall on the
second Tuesday after the meeting and organiza-
ton thereof, proceed to elect Senator in Con-
greSs.
Section Is. Such election shall be conducted
in the following manner: Each House shall
openly by uiUd Uoce vote of each member
present, name one person for Senator in Con- |
gress from such State and the name of the per-
son so voted for, who receives majority of the
whole number OF votes 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 Il 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 each House shall then be read,
and if the same person has received majority
of all the votes in each House, he shall be de-
clared duly elected Senator But if the same
person has not received majority of the votes
III each House, or If either House has failed to
take proceedings as required by this section,
the Joint Assembly shall then proceed to chose
by uiud UOce vote of each member present, a
person for Senator, and the person who receives
majority of all the votes of the Joint Assem-
bly,, 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 Assem-
bly, shall meet at u clock, meridian of each
succeeding day during the session of the Legis
iature, and lall take at least one vote until a
Senator is elected.
have not noticed that any portion of
the public press take issue with me on the
constitutional question, but are inclined to
think it would be better that the provisions
of the Constitution should be violated,
rather than create what they are pleased to
call "muddle" This appears to me a
very weak position. The facts are, that a
strict compliance with the Constitution is
the only way to avoid muddle."
notice that the Democrats in Indiana
are not afraid of "muddle." Although
there has been a Lieutenant Governor
elected they declare his election void, on
the ground that there was no vacancy
Why are the Republicans of this State So