Idaho news. (Blackfoot, Idaho) 1887-1891, 1891-09-05

referred to in said act Of congress
admitting the State. The fourteenth
section of article 81 of said constitu-
ton so adopted By the people of the
Territory contains the following pro.
vision:
Within 10 days after the organi-
cation of the legislature both houses
Of the legislature, shall then and there
proceed to elect, as PROVIDED by law,
two senators of the United States fer
the State of Idaho.
The said act of congress admitting
the state into the Union, including
the recitals. reads as follows
That the constitution which the
people of Idaho have formed for them
selves be, and tine same is hereby ac-
cepted, ratified and confirmed"
From the above showing of Mr..
Ciagett in his printed memorial it is
beyond cavll that the election of sen
ators for Idaho was commenced and
held under the act of congress of Ju-
Is Sd 1890, which accepted our con
stitution, and not under the act of Ju-
ly'25th 1866 If this were not so,
ii the election of Idaho senators was
held under the act Of july 18th 1866.
then according to Mr.. Clagett's argu-
ment the election of senators ShOup
and Mcdonnell would have been in,
valid. He does not claim this but
claims only that the election of the
Third senator was invalid. He would
undertake the difficult feat of reason
ing that the election of part of the
senators was governed by one law of
congress, and another part by another
law.
The Wyoming constitution was
adopted after the Idaho constitution
and was exactly the same as to the
election of United States senators.
The Wyoming Legislature elected
their senators within a week after
meeting. No objection whatever was
raised in the United States senate as
TO the legality of their election. They
clearly We're not elected in accordance
with the act Of July 25th 1866.
No objection was raised rs to the
election Of senators Shoup and Me
Connell in the United States senate
We may take it for proven then, that
the election for senators in Idaho was
begun under the act of congress of
July Sd 1890, and not under the act
of congress of July 25th 1866, and
that the act of congress of july Sd
1890, repealed the act Of congress of
July 18th 1866 relating TO the first
of United States senators for
Idaho.
The precedents and law follow in
an unbroken line relating to the cleo
ton of United States senators after
the elections are begun. We will
quote from the Hart vs. Gilbert case
in Florida 1870. Florida had been
without representation in congress
from 1S61-186S. In 1869 the leg
lslature of Florida met, and after the
appointed time for beginning the cleo
tions, the second Tuesday, las provi-
ded by the act of congress of july
18th 1860 commenced to ballot Az. |
ter three days balloting they elected
two senators. On the fourth day
they elected Mr.. Gilbert as a third |
senator TO fill q vacancy which would
be on the 4th of March following. and |
for the six years term. In January
1870 the same legislature held new |
election and elected Mr.. Hart for the
.erm to which it had previously cleo
llr. Gilbert.
MIR. Hart claimed that the election
Of Mr.. Gilbert was void, because the
legislature had failed to take action
IN the election of third senator on
The second Tuesday after the meeting
and organization of the legislature. "
The senate in reviewing the case
admitted that "the legislature had
JAILED" to take action on the Hsecond
Tuesday after its organization" in re.
gard to the third senator, but says
'The object of the act of congress was
20 insure the election of senators by
'he proper legislature, and to fix a
lime when proceedings for that pur-
pose should be commenced, and con
iEued till the elections were effected. f."
Again the senate in this case saws.
'The Legislature by which the sitting
member (Mr Gilbert) was elected.
vas the one chosen, next preceding
he term, which would commence on
he 4th Of March, 1869, and was.
therefore,, the proper Legislature 70