The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1892-01-02
MISSOURI'S ELECTORS.
Col Broadhead, of st. Louis, Gives
an Opinion,
To the Eject that the Executive Is Given
All the Power Necessary to Sc
cure the states Additional
Electoral Vote.

Some time ago the governor request
ed Col James o. Broadhead, of St
Louis, to give him legal opinion as to
the necessity of holding a special ses-
sion. The opinion has reached the ex-
ecutive Office, and the governor gives
it to the press. Col. Broadhead says:
You ask my opinion whether Missouri will
lose the additional elector given her in the ap-
portionment act of February. 1891, in the event
the governor should fail to call an extra session
Of the Legislature for the purpose Of dividing
| tho state into fifteen congressional districts"
The fourth section of the apportionment act re-
ferred to provides that in case of an increase
| In the number of represen natives which may be
gwen to any state under this apportionment,
| such additional representative or representa-
tives shall b. elected by the state at large, and
the other representatives by the districts now
| district the state"
In regard TO presidential electors. the con-
| stitution provides that each state shall ap-
point, in such manner as the legislature thereof
shall direct, a number of electors equal to the
whole number of senator's and representatives
to which the state may be entitled in congress-"
| The state being entitled to two senators and
fifteen representatives. is therefore entitled to
choose seventeen presidential electors in such
manner as the legislature shall direct"
The provisions of the Missouri statute are as
| follows:
Section 2}5S. Hereafter at all elections held in
this state for the Offices of president and vice.
president of the United States the ele 'toral dis
tricts shall be the same the congressional dis
tricts into which the state shall be divided, and
the same number of electors there may be
districts shall be chosen by the qualified voters,
one of whom shall be resident of each district,
and in addition thereto two electors shall be
| chosen by the state at large
The section of the statute Immediately fol-
| lowed this pr rOvides:
| Section 2l59. When any new apportionment
| shall be made of the members to be elected to
the house of representatives of the United States,
whereby the number Of electors TO which this
| state may be entitled shall be increased or di-
minished. it shall be the duty of the governor to
lay OFF the state into as many districts as shall
be equal to the number Of electors to which this
state shall tn IN be entitled that the said dis
trlcts contain. - near as may he an equal num-
Der Of inhabitants
Now there has been a new appointment by
the late act Of congress. by which the number
of electors to which this state is entitled has
been increased by an addition of one to the
former number. and it therefore becomes i'm
| perative on the governor, in the absence Of any
further legislation of the state on ths subject,
to lay of the state in electoral districts, corre
spending with the number of electors to which
| the state is now entitled by reason OF the in
/
gress. There are at present fourteen districts,
because the state has heretofore been entitled
| to only fourteen members of congress, but
| now she is entitled to fifteen members OF con-
gress.
1t might be argued that inasmuch as the two
| electors representing the two senator's are not
| chosen from districts hut from the state at
large. that the word districts, used in both the
| sections above quoted. refers to the districts
| corresponding to til, number of members OF
congress to which the state is entitled. But the
| language of section 2l5s is imperative: that
ton declares that lit shall he the duty of the
governor to lay off the state into as many dis
tricts shall be equal to the number of electors
| to which this state shall tnen be entitled" It
does not state that the governor is required
| to divide the state into many electoral dis
| tricts as there are representatives in con-
| gress under the new apportionment: il the
| statute had so declared then your duty to
divide the state into fifteen distri,ts would be
plain. but the state Is now entitled to seventeen
electors and you are required to lay of the
state into districts equal to the number of elec-
tors to which the state shall then be entitled
that is. under the new apportiOnment. II there
, were no increase or decrease in the number Of
| members of congress then the congressional
districts are also the electoral districts, but
when there is an increase or decrease in
the number of members of congress
then it becomes necessary to make
| new electoral districts corresponding
with the number of electors to which
| the state may then he entitled. and the forme,'
congressional districts cease to be electoral dis
tricts, and this is to ba done by the governor.
In other words. section 259 operates a proviso
to section 2S5s. which precedes it, and the
| proviso becomes operative upon the happening
of the event provided for in the first part Of that
section. wit, an apportiOnment which in
creases or diminishes the number Of representa-
tives in congress. and thereupon section 2S5s be-
| comes imperative.
Col. Broadhead then cites previous
legislation on the subject to show that
this Interpretation is the correct one,
and continues:
So that my opinion is that you must either act
under session 2.ST9 and divide the state into
enteen electoral districts or else cali the legisla
ture in special session. that they may redistrict
the state and if they should redistrict the state
and divide it into fifteen congressional districts
then those districts become electoral districts
and section 2G5s remains operative.
The present act of congress in rela-
tion to the electoral count is also con-
| sidered in this connection. Under this
act it is the duty of the governor of the
state to certify to the secretary of
state at Washington the names of the
electors duly appointed under the laws
of the states This certificate is con-
elusive as to the persons chosen elect
ors, unless there should be a concur
rent determination of both houses of
congress against it.
In conclusion Col. BrOadhead SAYS:
| I am clearly of opinion that my Interpretation
| of the laws Of Missouri is the correct one. and
that the electoral vote of the state will not be
| imperiled il you should determine to lay that
state of into seventeen electoral districts and
| after the election give your certificate in the
| manner provided by law. above stated.
During the last exposition in Paris
cuirassier went to the city TO get a
full length portrait of himself painted
for his fiancee. He went straight to
Meissonier. What is your charger"
he asked. What csn you pay?" said
Meissonier. Thirty SOUS" Good" +"
said Meissonier, and he finished the pic
ture for the thirty sous. Later the cui-
rassler said to frieno: 81 should have
got that picture for twenty sous"
A ConcoCTIoN OF MIRTH.