Bismarck weekly tribune., 1889-10-25
THE FIRST rwo SENATORS.

Tanner was stranded.
THE FIRST TWO SENATOR'S.
The certified copy of the constitution
of North Dakota has probably reached
the president ere now. South Dakota and
Washington are also on the way, but the
recent complications in Montana may pre-
vent the arrival of the constitution from
that territory in time to allow Montana
to come into the union as one of the big
four. The president will probably con-
sumo not over week in the examina-
ton of the documents, and by the LIST of
November it is safe to say the proclama-
tion will be issued and North Dakota
will become full-aedged state. State
officers will then qualify, and Governor
Miller will issue his proclamation con-
vening the legislature probably about
November 18th. Following the instruc-
tions of the enabling act, the schedule of
the constitution of North Dakota pro-
vides that "said legislative assembly,
after organizing, shall proceed to elect
two senators of the United States for
North Dakota" The question has been
raised whether or not the election of
these United States senators is required
to be made on day certain. The revised
statutes of the United States prescribe
the manner and time of electing United
States senators as follows:
SEC. IL. The legislature of each state
which is chosen next preceding the eXpir-
alton of the time for which any senator
was elected to represent such state in con-
gress shall, on the second Tuesday after
the meeting and organization thereof, pro-
ceed to elect a senator in congress.
The above section is all there is in the
United States statutes regarding the
time for the election of United States
senators. It is clear that the above Sec
tion does not apply to the election of the
first two senators from a state. Those
wOrds-NExT PRECEDING THE EXPIRATION
OF THE TIME FOR WHICH ANY SENATOR WAS
ELEcrED-mean just what they say. The
first two senators of state are elected
on the day prescribed by the enabling
act and the constitution of the new
state. After the first election the above
provision of the United States statutes
will apply and senators to succeed the
first must be elected in accordance there.
with.
In speaking of the terms of the first
United senators from the new states the
LaMoure County Chronicle says:
The terms of the United States senate rs
to be elected by the new states, will not be
determined until they present themselves
for admission to seats. Pursuant to a
clause in the constitution of the United
States the senators first chosen were
first class being vacated at the end of the
second year, of the second class at the end
of the fourth year, and OF the third class at
the end Of the sixth year, so that One-third
may be chosen every second year." Since
that time the equality of these classes has
been preserved as nearly as possible. the
terms OF senators from new states being
necessarily assigned in the effort to MAIN
tain this equality.
If the eight senators from sthe four new
states present themselves for admission at
one time, it will probably be necessary to
determine by lot priority of choice in the
assignment of seats. The present status
of classification is as follows: In class one
there are 25 senators whose terms will ex-
pire March 4, 1898. In class two there are
26 senators whose terms will expire March
4, 1895. In class three there are 25 senators
whose terms will expire March 4. 1891.
Consequently the first two senators to be
seated will be assigned to the first and
third classes-the term Of one being less
than two years, and Of the other less than
four. That will equalize the classification.
The other six senators will contribute two
to each class-so of the entire eight new
senator's the terms of three will expire
March 4, 1891; three March 4, 1893; and two
March 4, 1S95-only two holding the regu-
lar term OF six years. There is nothing in
this arrangement which seems to prevent
the states from indicating which one of
their respective senators shall hold the
longer term, though the duration of the
term Of any new senator cannot be known
at the time of his election.