Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-21
THE ELECTION OF A SENATOR.

THE ELECTION OF A SENATOR.
We have, after mature deliberation and
thorough examination of the question,
which was in most respects a new one,
arrived at the judgment that the Legisla-
ture may elect Senator to displace Mr..
Hearst, that it should do so, and that it is
in duty bound to so proceed. The pro-
visions of the Constitution of the United
States on the subject of appointment are
Article l., Section s. If vacancies
happen by resignation or otherwise during the
recess of the Legislature of any State, the En-
ecut1ye thereof may make temporary appoint
ments until the next meeting of the Legislature,
which shall fill such vacancies.
Section 4. The times, places and manner of
holding elections for Senators and Representa-
tlves shall be prescribed in each State by the
Legislature thereof: but the Congress may at
any time, by law, make or alter such regula-
TONS etc
Under this authority, Congress has
enacted as follows:
Revised Statutes, Title II. p. 3, Section l6l-
Whenever, on the meeting Of The Legislature of any
State a vacancy exists in the representation of
such State in the Senate, the Legislature shall
proceed, on the second Tuesday after meeting
vacancy in the manner prescribed in the pre-
eeding section for the election of Senator for
full term.
The State of California has legislated
upon the subject as follows in the Penal
Code, though it cuts no special figure in the
case since Congress has legislated on the
subject;
Section 1892. Elections for Senators in Con-
gress for ftu terms must be held at the regular
session of the Legislature next preceding the
commencement of the term to be filed.
Section 1893. Elections to fill vacancy in the
term of United States Senator MUST BE HFLD at
the session of the Legislature next succeeding
the occurrence of such vacancy
The authority to convene the Legisla-
ture in extra session is conferred on the
Governor by the Constitution of Califor-
MIA
Article v, Section .. He may on extraordi-
nary occasions convene the Legislature by
proclamation, stating the purposes for which he
has convened it; and when thus convened it
shall have no power to legisldte on any subjects
other than those specified in the proclamation,
but may provide for the expenses of the session
and other matters incident thereto.
Here now we have all the law there is
on the subject, except as to the formula or
method of election.
1t will be observed that the limitation
of the Legislature under a call of the Gov
ernor is that it shall not "Iegislote" on
any subject other than specified in the
call.
But the election of Senator is not leg
islation; it is not making laws; reading
and passing bills; it requires no approval
by the Executive; does not demand ma
jority vote of each House
The members of the Legislature are
sworn to support the Constitution of the
United States. That provides that vacan-
cies may be filled by appointment anti the
merit meeting of the Legislature The pres
ent session of the Legislature is its merit
meeting after the occurrence of the vacancy
The temporary appointment of George
Hearst therefore properly terminated on the
assembling Of the Legislature. Observe, it
is not provided that it shall be the next
regular meeting. Under the rule of con-
.struetion the omission must be taken to
have been afirmatively purposeful, and
therefore, the provision must be read as if
it ran, "the next meeting, regular or
special"
1t is added, by this same authority, that
at this merit meeting" the Legislature shall
fill the vacancy. This is an imperative
mandate, and legislators under their oaths
must obey it. But the State itself has
confirmed this view by legislation as above
quoted from the Political Code by provid-
ing that elections for full terms must be
held al regular sessions, while Immediately
in the next section the words regular session
are omitted, and it is provided that rd-
cdacy must be filled at the session next sue
ceeding the occurrence of the vacancy. So
the State mandate is added to that of
the Federal law. and the obligation is
doubly binding on the members to pro-
coed to elect Tuesday, the Sd of August,
since Congress, as above demonstrated, has
exercised Its constitutional right and by
Act provided that wheneuer, en- the meet
ing OF the Legislature, vacancy exists,
the houses shall proceed to elect in the
manner prescribed for election for full
term. And we have shown that a vacancy
viii exist August Sd, if the Legislature is
then in session, when George Hearst's
brief and inglorious temporary appoint
ment expires. There can be maintained
no bubble that this is not session of the
Legislature, nor meeting. The terms
are synonymous. A session is a meeting.
and a meeting is a session. Clearly, on
the meeting of the Legislature next
January Mr.. Hearst's term would have ex-
pired had the present session not been
called. But the present meeting just as
ehectually terminates Mr.. Hearst's Sena-
torial career, and we shall after Tuesday, |
August Sd, have but one Senator at Wash
ington, whether the Legislature does its
luty and elects, or disregards it and re-
uses to do so, except the Governor again
ills the vacancy. 1t is not necessary to
lite as precedent the case of the Indiana