South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1888-01-06
THE LATE SENATORIAL CON
TEST.
The G. :ounds for the Senate's
Action in Seating Faulkner.

also Claims the came seat, bsve con.
sidered tue same, and respectfully
report:
:. The Constitution of the United
States. Article l. Section 8. provides.
The Senate OF the United States
shall be composed OF two Senators
feom each State. chosen by the Ley.
isla,ure thereof, for elk years If
vacancies happen by resignation or
otherwise during the recess Of the
Legislature OF Lny State, the execu.
tive thereof
MAY MAKE TEMPORARY Az
POINrMENTS
until the next meeting of the Legis.
lature, which shall then fill such va'
caucies.
Sec. 4. The times. places and
manner OF holding elections for Sem
a,ors and Representatives, shall be
prescribed in each State by the Leg
islature thereof; but the Congress
may ut any time by law make or al
ter such regulations. except as to
the places OF choosing Senators.
The Revised Statutes Of the Unit
Cd States, Title H, Section IA. pro-
vide: The Legislature Of each State
which is chosen next preceding the
expiration OF the time for which any
Senator was elected 10 represent such
State in Congress shall, on the sec
ond Tuesday after tie meeting aad
organ iza,ion thereof proceed to G.
lect a Senator in CoI9rtss.
Section Is prescrlbss the manner
of such election. Section l6 is as
follows:
Whenever, on he meeting Of the
Legislature Of any State. vacancy
exists in the representation Of such
State in the Senate. the Legislature
thall proceed, on the second Tues.
day after meeting and organization.
10 elect q person 10 fill such vacancy
in the manner prescribed in the pre-.
ceding section for the election Of a
Sena or for full term.
The Constitution further provides
(Article !, section 5)-
Each Hou Sc shall be the judge OF
the election returns and qual.flca-
lions of its own members.
OF course the opinion Of any 9th.
ertribunal can have no weight as an
authority In determining any ques-
tior as TO the validity Of the election
of a Senator. But it may be proper
to note that the constitutional au-
tn ,rity Of Congress to prescribe the
time and manner OF electing Sena.
tors, although it may not exhaust the
whole subject, but still leaves in
force the regulations of State In
REGARD to the same subject not in
conflict with its owe, siss expressly
affirmed by the Supreme Court Of
the United States in ex parte Sc
bold 100 U. s., 81.
The Constitution OF West virginia
provides tln,-
The Legislature shall assemble at
The seat OF government biennially.
and not oltener, unless convene d by
the Governor. The fret session of
tho Legislature, after the adoption Of
the Constitution. shall commence on
the third Tuesday Of November,
1872; and The regular biennial ses-
sion Of the Legislature shall com
mence on the second Wednesday of
January, 1875, and every two years
thereafter on the snme day Article
g. section 8.
Article z, section Z, is az follows:
The Governor may, on extraordi-
nary occasions, convene. at his own
instance. the Legislature, but when
so con sened IL shall
ENTER UPON NO BUSINESS
except that stated in the proclams'
ton by which it was ,called together.
The term Of Mr.. Camden "a Sen.
ator from this State expired on the
4lh day OF March, 1887. The regu'
lar biennial session Of the Legisla-
ture began on the second Nednes-
dsy of January in pursuance Of the
provision OF the Constitution cited.
Al that session the Legislature
proceeded to ballot COR a successor II
Mr.. Camden, but operson obtained
a majority Of the ballots. and IT al
iourned without making q choice.
Therefore, on the 5th day OF March,
the Governor appointed Mr.. Lucas
In the recess OF the Legislature and
issued TO him n certificate ec!sring
his appointment as 8 Senator in the
Senate OF the United States until
the next meeting Of the Legislature,
having authority TO GIL such vacancy.
Mr.. iucss accepted the appointment.
On the same 5th dsy Of March the
Governor issued the following proc
lamaiion:
Then follows the Governors proc
lamation in full, calling che Logisla
ture to sp' cial session on April 3rd
last. Alter which the report con-
tinues as follows:
The Legislature
MET IN SPECIAL SESSION
pursuant TO = call, and duly elected |