, 1890-09-04

elector Ia authorized TO vote for one
senator only. IL, therefore, new APP
portionmcnt is not enacted the electors
In all counties having more than one
senator under the constitutional appor-
tionment will be compelled TO refrain
from voting. or vote for more than one
senator, and thus violate the constitu-
tion. .n
The unprecedented and mischievous
complications which will arise in the
event that the places OF the eighteen
outgoing senators are not h'ied at the
next election should not be lost sight OF.
IT they are not elected at that time, no
legislation can ever rconstitutionally con-
vene In the state until the constitution
Is amended. Great difficulties would arise
In attempting to amend the constitution.
III there ould bo no legislature In exist
ence to initiate the movement. In a
Tree governments fveneration for, and
obedience to, the laws Is the highest and
most sacred duty of tho citizen, and he
should never DO placed in position
where he Is compelled to either violate
the const,ution or be left without con.
stitutional body empowered to enact
laws for the government of the state.
The time and manner In which the
state should be districted and appor-
toned Tor members of the legislature Is
prescribed In section 3, OF article 2, OF
the constitution, which is as iollows'
THE legislature shall provide by law
for an enumeration of the inhabitants of
the state in the year one thousand,
eight hundred and ninety five, and
every ten years thereafter, and at the
hrst session after such enumeration, and
also after each enumeration made by
the authority of tho United States, the
legislature shall apportion and district
anew the members of the senate and
house OF representatives according to
the number of Inhabitants, including
Indians and soldiers, sailors aud officers
OF the United States army and navy In
active service"
There will DO laid before you the
enumeration of the state made by
authority Of the United States on the
LIST day OF June last, which will furnish
you the basis prescribed in the constitu-
tion for q legislative apportionment. A
change IN the number OF senators ap-
pears to be necessary. After the hrsi
election senators must be elected for the
term of four years, one.half of the mum
Der retiring every two years. The pres
ent numb Der Is thirty five. One-half
therefore, could not retire every tive
years. a change in the numD~r oi
senators may necessitate a change III the
number of members of the house OF rep
resentatives, us the senate can not bs
|
than one-third, of the house oil repre-
sentatives.
1t Is my province, under the constitu
ton, on extraordinary occasions to con-
vene the legislature and 1t is my duty tc
declare by proclamation the purpose fol
which 1t Is convened. When, however
the Legislature Is convened
either under the provisions o.
the constitution, or by proclamation o
the governor, 1t Is the supreme legisla-
tive authority in the state. Its power
to legislate Is derived from the consti-
tuition, and not from the proclamation
OF the governor, and 1t is therefore not
restricted or limited by the purpose sci
forth in the proclamation, but 1t may
act within its general constitutions
power. No subject has been brought to
my attention which appears impera-
lively 10 require legislative action al
your present session, except an appor'
tionment bill, and have, therefore, re.
Trained from referring to any other sub
ject. ELISHA p. FERRY.