Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-20
FRlDAY............JANUARY %, 1883.
Question:.

Question:.
Has the Lieuteuant-G Governor q right
10 vote when tue senator's are equally
divided upon the question of the title OF
sitting member 70 his seat? This
question was not involved in the
vote which Mr. MASSEY cast in favor
oi the power Of the Senate to
investigate the right OF Mr.. HoCs-
TON to his seat In this case the Lieu
tcnant-Govcrnor had, we think. clear
right to vote. The question was legis-
lative one. ~ TO speAk-a question as to
the right OF the Senate to iudge OF the
election, qualifications, and returns of its
own members. MIR. HOUsroN'S title to
his seat was not involved, rs is abundant
~ evidenced 10y the fact that though MIR.
MAssRY's vote decided the point in dis
pute. it did not decide whether or not
Mr.. HoUsToN was entitled TO be a mem.
Der of the Senate.
But the Senate may he tied when the
question Of Mr.. RoUsroNs title to his
seat comes up. Will the Lieutenant
Governor have the right TO vote on that
question ? Inasmuch as the COnstitu
ton provides that the Senate shall he
the sole judge whenever question arises
as TO the title OF a member to his seat, it
follows that If the Lieutenant Governor
is a senator he has the right TO give the
casting vote. If he is a member of the
Senate. he is a part of the body which
has the right to decide whether any sit
ting member whose seat is contested
shall be unseated or not. Therefore, it
would seem that the only question to be
decided is whether the Lieutenant-GOv
ernor is a member of the Senate or not
is he a senator? The Constitution pro-
vides that the Senate shall consist of not
more than forty There are forty
senators. not counting the Lieutenant
Governor as one, AMI forty one including
that officer. Besides, hc Is an executive |
officer. Yet he does perform legislative |.
duties for he not only presides over
the Senate, but is empowered by the |
Constitution itself to vote "in case OF an
equal DIVISION, upon a legislative ques-
tlon-say upon the passage OF any bill or
resOlutiOn.)
Again: II the Lieutenant Governor /
is "a senator, OF a member of the Senate. |
he is a member Of the Legislature. Now
the Federal Constitution provides that /
United States senators shall be elected /
by the legislatures of the several States. /
Has the Lieutenant Governor, who pre-
sides over the Joint session OF the two |
houses, a right 20 vote 10 the election Of /
United States senator's ? III not, il would /
seem that he could hardly have the right to !
vote in electing State senators land this is
virtually what he world he doing if he |
should be allowed to vote to seat per |
son claiming to be a member of the
Senate.
If it required only majority vote to
expel a member of the Senate and the
Senate were equally divided on such a
question, could the Licutcnont-Goyer
vote
As to the other point We concede,
or rather claim, the right of the Senate
to regard the law touching contests for
seats i'll that body as a mere "practce-
act, to use Speaker CARHsLE's phrase.
The constitutional provision (section %
OF Article W is that the manner OF CON
Quoting and making returns OF elections
and OF determining contested elections
shall be prescribed by law oHiy in cases
not prOvidcd .for specially By the Con-
SfitutiOn. Now, what cases are specially
provided for 10y the Constitution
Why, IN Article v, section ,, 1t pro
vides how contested elections for
Governor shall bc decided; and in
the very next article-Article v.
section lit provides that leach
house" of the Legislature shall
Judge of the election of its members.
Ect the Legislature not the two houses
together-but leach house must Judge
for itself. Clearly. then, this is one of
the cases which the Constitution itself
provides for. and therefore section y of
Article Y. does not apply. Unless there
is contested election in the Senate
that body would have no occasion to
judge OF the election OF its members
They are all seated mem. con. When
ever senator raises a question as TO the
election or qualifications OF member,
that is "coDtested election and the
Constitution itself provides that this
"contest shall be decided blythe Sen
ate Itself.
We think the Constitution provides
only in the cases OF the Governor and
the Legislature how contested elections
shall be decided. Why provide for
them? Because the Governor and the
Legislature make the laws of the Com-
monwealtb, and therefore should not be
allowed TO make the laws governing ,
their own contests. The constitutional
Convention prescribed the law that l
should govern in these cases. In the
cases Of contested elections for any other
Offices the General Assembly has full
power TO legislate.
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War,y Mod