Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1892-01-02
MISSOURI RepIsrRlcrlNo.

Wt0OOOHN uG0tS
Col. BroAdhead OF tho Opinion That Gov.
Francis May Elthor Do lt Himself or Con-
vsne the Legislature For the Purpose.
JEFFERSON CRY, Mo-, Dec. 36.-It 10
not ut all likely that Gov. Francis will
determine the matter of converting a
special session of the legislature by
January l. II there is to be session
the belief is gaining ground that it will
not be called until spring. This will
be all in favor of the people, for the
bucolic complexion of the house will
not tolerate continued sitting of that
body when blowing time is on. The
governor is still noncommittal and all
that he will say is that he has not de-
termined the matter.
Some time ago the governor requested
Col. James o. Broadhead, OF St Louis,
to give him legal opinion as to the
necessity Of holding special session.
The opinion has reached the executive
Office and the governor gives 1t to the
press. Col. Broadhcad's conclusion.
after reciting the law and the facts, Is
as follows:
My oninion Is that you must either act
under section 2Si9 and divide the state into
seventeen electoral districts or else call the
legislature in special session that they may
rcdistrict the state, and II they should re-
district the state and divide It into fifteen
congressional dist riots, then those districts
become electoral districts and section 1858
remains operative.
There Is one other matter In this connec.
ton which deserves consideration. refer
10 the present act OF congress In relation TO
the electoral count The electors are re-
quired to meet on the second Monday In
January next following their appointment.
The state may provi ie by judicial or other
methods OF procedure for the determination
oil any controversy concerning the appoint
ment OF electors. This determination Is to
be made at least six days before the time
provided for the meeting OF electors. No
such law. however. has been passed by on;
legislature.
1t becomes the duty of tho governor afte:
the election to certify under seal to tho Sec
rotary of state at Washington the names OF
the electors appointed, ana the canvass or
other asst ertainment under the laws of the
stale, of the number Fl votes given for each
prison voted for as elector: he Is also to de.
liver to each eiector n similar certificate,
uuu tucSC CcTbtuCutcS utQ w oc
by the electors 10 the seat of government ut
the same time and in the same manner as Il
now provided by law for transmitting
by the electors the lists Of persons
voted for as president and vice. president.
So that when the president OF the SEN
ute Ireceives the electoral vote of any
state, he received a certificate OF the gov
ernor that the persons given the vote have
been duly appointed under the laws OF the
state When the two houses meet In joint
session on the second Wednesday OF Cebru.
airy. two tellers having been previously ap.
pointed by the senate and two by tt house.
to them sha be handed as they IRE opened
by the president OF the senate, all certii.
Gates and papers purporting 20 be certfi-
Gates OF the electoral vote; the tellers hav.
ing read the same in the presence OF the
two houses, shall make a list of the votes as
they shall appear from the certificates. The
vote being ascertained and counted, the
president of tho senate announces the re-
suit Upon the reading of any paper the
president OF the joint seq sion is required to
call for objections. When the OBJ
iectlons are re 3D. the senate Ia to withdraw
and the objections are passe on separately
by both house, When there is but one re-
turn from any state no vote shall be rejected
winch has been regularly certified rs pro-
vtuel by the uC-t out may Dc reJcfteu Dy u
concurl ent to Of both houses when they
agree that su Ii votes have not been regu.
larry given by the electors whose votes have
been so certified II more than one return
has been made IRON any state, those votes
and those only sha'l be counted which the
two houses u ,tng sep Iraiely shall concur.
rem " determine are supported by the state
tribunal author zcd by its laws to decide.
But II there has been no state detormina'
tIon, then those votes On'y shall be counted
which the two houses shall concurrently de.
eide were cast by lawful y chosen electors
under the laws OF the state, unless the two
houses shall concurrent!y decide su II votes
OF the electors whose appointments shall
have been certified by the executive of the
state under the seal thereof shall DO
counted.
SO that you will see that under the provls.
ions OF the law relating to the electoral
count for president and vice president, your
certificate will be conclusive as to the per-
sons chosen electors, unless there should be
a concurrent Diet rmination OF both houses
against It.
! am Gle arly OF opin on that my lnterpre-
tation of the laws of Missouri Is the correct
one, and that the electoral vote of the state
will not be imperillsd II you should de.
termIne to lay that state OFF into seventeen
electoral districts and alter the election give
your Ger lflcato in the manner provided by
law, as above stated. Respectfully yours.
JAMES o BRoADHEAD.
SAGE'S SHIELD.