The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1891-03-28

which motion was lost by a vote Of
q ayes TO 30 nays.
I The joint assembly then pro-
ceeded to the election of United
States Senator to I'LL the other
existing vacancy, which vote re-
suited in the election Of w. J.
Met onnell.
Immediately upon the announce
| ment of this vote Senator Gray
moved to adjourn; which motion
was voted down by . vote of Is
ayes to % nays.
The joint assembly the pro-
ceeded, Immediately after the
election Of tho two Senator'S to gil
existing vacancies, and after voting
down said motion to adjourn, and
40 provided in the resolution Of
Senator Gum, to elect = United
States :enator whose term should
begin March 4, 1891.
Prior to voting for this third Sem
ator, by request of Senator Gray
who acted 40 spokesman of the
entire minority, his protest against
the election of . third Senator was
entered on tho Journal.
The joint assembly then immedi.
ately proceeded to vote for a third
Senator for the term beginning
March 4, 1891. upon the expiration
of the term of such one of the two
Senators, Heretofore just elected,
az should draw the short term end.
ing March 3, 1891.
On this ballot, Fred T. Dubois
was declared elected.
On December 20, 1890. the Gre.
dentials Of the said George L.
Shoup, William J. Mcconnell, and
Fred. T. Dubois were formally
presented to the Senate by the
Vice-P President.
Accompanying these the certii-
Gates and constituting part of the
credentials, was the certificate Of
the presiding officers of the two
Houses of the Idaho Legislature
and the chief clerks thereof, which
said certificates lin party reads as
follows:
Hau Of tie House Of Representatives,
Eoss. e ss' 81 the sass O. e dso tTS
Joint assembly held on Tuesday, the 18th day Of
December, A: D, 1899, at noon. q majority Of al
was found upon examination Of the journals Of
ss esDS + ae%ss sas 9 T Ss the
Of the Legislative. each House had, by a vicc-
voce vote, voted for United States Senator for
the Ct aoS that Ss 1oe: sss n
each House.
Going back, now, for a moment,
to the above-quoted certificates of
the officers Of the two houses, so
far as they relate to the two Sena.
tors elected to fill vacancies, being
the ones provided for in the last
clause of said Section IA, Art. XXI,
of the Constitution of Idaho, are
alleged to be incorrect in the fol-
lowing particulars:
(D. That the 10Th day of De-
cember, A. D. 1890, was not the
second Tuesday after the meeting
and organization of the Legislature
but was the first Tuesday.
1t thus appearing conclusively
by the records of two Houses that
no organization of the two Houses
of the Legislature, as such, was
complete until Tuesday, December
9th it results that the second Tues
day after such organization was
effected fell upon the 23d of De-
cember, and not upon the 10th.
This 10 the inaccuracy in point
Of fact contained in said certificate,
and is a vital one.
(2) It is not correct, as stated
in said paper accompanying the
the credentials of Fred. T. Dubois,
that it was ascertained on the 18th
day of December, 1890, from an
inspection of the journals of the
respective Houses that on Tuesday
December 10th, A. D. 1890, was
the second Tuesday after the meet
ing and organization Of the Legis-
lature, for the reason that the jour
nails aforesaid show conclusively to
the contrary.
(3) It is not correct, az stated
in said paper, that the journals of
said Houses showed that on the
second Tuesday after the meeting
and organization of the Legislature,