The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1891-03-28
(Continued from page |ossr.)

Continued from page fosr.)
supporting these three candidates)
were kept az secret 40 possible, 90
far 40 the other members of the
Legislature were concerned. When
tho joint assembly convened on
the 18th, and Senator Gum offered
his resolution recited above, neither
time nor opportunity was given to
investigate the question rs to the
validity Of the election Of 4 third
Senator at that time; but the whole
thing was "railroaded" through
with indecent haste, and in such
manner - wholly deprived tho two
Houses Of their legal power and du.
~ 70 take vote 40 to such election
in the two Houses acting separate.
". The fact is, as the journals
show, that no vote in the separate
Houses 40 required by said Section
Is, was ever taken 40 TO the said
election Of q Senator to the said
term beginning March 4, 1891.
This course of procedure contribut.
ed largely to to the alleged election
of Mr.. Dubois. Ifan adjournment
had been had after the election of
tho two Senators to fill existing
vacancies, the combination, because
of its inherent weakness, would
have fallen to pieces before the 23d
day of December, 1890, and Mr..
Dubois would not have been elect
ed.
7.
BY Section Is. of the Revised
Statutes (that being the statute
controlling the election for the term
beginning March 4, 1890), the Leg
islature is prohibited from making
an election Of q Senator in joint
assembly until after one or the 9th.
or of two conditions precedent to
entering upon such election in Joint
assembly has occurred.
One of these conditions precedent
is, that there shall have been q
failure to elect by separate votes in
the respective Houses on the second
Tuesday after the meeting and or
ganization of the Legislature; the
other, that one or the other of the
Houses shall have failed to take
proceedings in the separate Houses
for the election of a Senator on the
second Tuesday after the organiza-
ton. 1t was, therefore, impossible
that this second condition preced-
ent to the right to enter upon an
election, in joint assembly, should
have transpired prior to the 23d of
December, because it could not be
predicted of either House, prior to
the 23d of December, that it had
failed to take proceedings in the
separate Houses required by section
fifteen for the election of a Senator;
and hence the entering upon an
election in joint assembly on the
18th Of December is absolutely pro-
hibited by law. This provision is
not directory merely, but mandate
ry, and obedience to it is essential
in order to give jurisdiction to the
Legislature to make an election of
United States Senator.
II.
It is a fundamental principle ap-
plicable to the law of elections that
where a statute fixes a day upon
which an election shall be made,
and contains no conditions or pro.
visions authorizing it to be made
before that day, there the election
must not be entered upon or made
prior to the time 90 fixed by law.
Such provisions of the statute are
universally held to be mandatory
and an election held before the time
fixed by law is simply and abso-
lutely void. The statute applica-
BILE to the present election is Of that
character.
. Whilst the statute controlling
the election now in question is man.
datory in prohibiting an election
being entered upon before
the second Tuesday after the or.