The Providence news. (Providence [R.I.]) 1891-1906, 1894-04-02

1 cases NHtTt no tuCu tttlluctttb uao ce~N
| received, the names of the persons tnen
holding the Office by reason OF a previous
election. :,
The senate then organized by the call,
ing of the roll, engaging its members ana
electing a clerk. IL then, according 10
law, at once notified the House that It had
80 organized and was ready 10 proceed
with the business of the session. III then
waited for one-half hour or more, and
not receiving any notice that the
I House had organized, IL ADJOURNED
until 10 O'Clock the next morning. III
met the next day as per adjournment, tae
roll was called, the records OF the preceu-
! ing day were read and after waiting
reasonable time without receiving any
notice of the organization OF the House,
which, by the way, had adjourned 10 meet
at an earlier hour than the Senate, IL al
| iourned TO meet upon the following day.
Thursday, the third day OF the session,
Il received for the first time the notice
! from the House that it had organized, ana
also an invitation to join in Grand COM
mittee.
What had been the proceedings in the
House as shown by its records, by the re-
ports in the newspapers, and by eye wit
nesses
1t met according to law; the roll OF
members prepared by the Secretary OF
State in accordance with Chapter 1872 OF
the public laws, was read, the members
I
and the House OF Representatives was
organized according TO law. Section IL OF
said chapter 1892 provides that "upon the
election OF Speaker and clerks as herein
provided said House shall be deemed TO
be organized, and shall forthwith
notify the Senate that they are duly
organized and ready TO proceed with
the business of the session. Did they do
this? Section II of the same chapter pro-
yides as follows: Immediately after the
organization of the Senate and House OF
Representatives, and notice thereof afore-
said, the Senate shall join the House OF
Representatives in Grand Committee, for
the purpose of receiving and counting the
votes for general officers, Inducing the
persons elected into their respective
offices, and of electing general officers in
case OF failure to elect by the electors at
the general election"
Was this law obeyed? A law which we
all have taken an oath TO support, and
( which, until declared unconstitutional by
| the Supreme Court, is binding on every
member OF the two Houses? The law says
| that "upon the election OF Speaker and
| clerks as herein provided, said House shall
be deemed To be organized, and shall
| forthwith notify the Senate" OF the fact,
| and Immediately after such organization
and notice the two houses shall meet in
! Grand Committee. IL any one urges that
/ these provisions of the law are merely di-
rectory, the answer Is found in Section 10
| of the act-"this act shall be mandatory,
and not merely directory"
| / am perfectly willing TO leave the ques-
| tion as to whether this law was supported
and obeyed, not merely TO the members
! of this Senate, but to any one who Will
carefully examine the facts and then de-
| eide according to an unbiased judgment.
But what was the reason for the delay?
We have no other way OF judging than by
the subsequent proceedings; though
organized according TO law, yet 1t was not
organized to meet the wishes of the major
ity OF said House.
BY current report, by reliable returns
in the public press, by the rolls OF the two
Houses as prepared by the Secretary of
State according TO law, it was generally
conceded that the Grand Committee would
consist of 54 Democrats and 90 Repub-
licans. In such case, providing all were
present and all should vote according to
their supposed political proclivities, the
Republican nominees would be elected;
provided, that when the ballots were
counted there was no person who had re-
ceived a majority OF the votes.
"The first act of the House," to quote
from the printed report OF the Judiciary
Committee, "wss 70 seat Samuel Smith as
the lawfully elected member from the
town of jamestown, and TO deny to one
William Hoxsey the right to hold his seat
| from the town of Westerly, on the ground
that having been elected Senator from
that'town 1t was not proper TO permit him
to remain in the House as a member"
Before proceeding to inquire INTO the
facts in these two cases, let us see II we as
Senators have any right SO TO do; and in
so doing the question comes up, what Is
the body known under our constitution
and laws as the Grand Committee, and
what are its duties?
The body known as the "Grand Com
mi m IL m ia
various functions aid powers differs ma
terially from any Grand Committee, or
loint convention, or joint assembly, that
we have any knowledge OF. Ii has more
extensive and more varied powers. Its
duties are not confined to merely count
ing and declaring the votes for general
officers, and in case OF no elec-
tion, completing the same. 1t
elects the justices and clerks OF our
courts from District to Supreme; 1t elects
sheriffs, military officers, members of the
State board of education, commissioners
of sinking funds, commissioners OF shell
fisheries, and score of other officials; it
nominates candidates for State beneficiar-
les, and not great while ago, in its pur-
suit after new powers, having counted
the votes cast for Representative in Con-
gFass from the Second district and finding
that no one person had majority of the
votes, it designated the day, date and
other particulars for second election.
BY Section of Chapter 1893 OF the Pub
lie Laws, "Such Grand Committee shall
consist of a majority OF all the members
OF the Senate, and majority OF all the
members of the House OF Representatives,
duly assembled, pursuant to an invitation
from one OF said bodies, which has been
accepted by the other, and the acceptance
OF which has been communicated by mes
sage TO the body in which such invitation
originated, and each house shall be at
tended by its secretaries and clerks"
A Grand Committee then is something
more than union meeting OF majority
OF all the members OF the General Assem-
bly,; quorum of the General Assembly
would only be majority OF the whole
number OF members, no matter how COM
posed, but n quorum OF the Grand Com
mittee requires a majority OF all the MEM
bers of each separate house. This being the
case, il follows that each of the two bodies
has equal rights il not equal voting
powers, and each one ha, the right, nay,
more than that, II Is the bounden duty
| of each House TO be satisfied OF the
legality of the membership OF the other.
/ The House has a right TO be assured that
- s.t.. s.. .,I