The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-09-24
LETTERS FROM THE PEOPLR.
The Legislative Amendment.

Editor Constitution-The Legislature to be
elected next month will not choose Senator
Gordon's successor, whether the constltu-
tionaI amendment changing the meeting of
that body from October to July is or is not
adopted
Governor Northen appears to be certain
to the contrary and Hon. N. j. Hammond
seems to be in doubt, but there is no doubt
about it, as will readily be seen by an eX-
animation of the presidents.
The federal law is that the Legislature of
n state chosen next preceding the eXplra-
ton of the term of senator elects that
senator's successor. Senator GordonS term
expires March 8, 1897. The legislature chosen
next preceding is the legislature chosen in
October 1896, and that Legislature, and none
other. will elect Senator Gordon's success
SCR no matter when it meets.
We had such q case in Georgia. Inc
Bullock legislature some time previous to
it's adjournment in October or November,
1870. elected Foster Blodgett a United
States senator for the full term. beginning
March A. 1871. A new legislature Was elect
ed in December, 1870. which chose Thomas
NJ. Norwood for the same term at its first
session in October. 1871. lie was seated by
the senate.
The test case. however. was that OF
Charles H. Bell. of New Hampshire, which
was decided by the senate in the spring OF
1879. This state for long years had held its
elections annually in March, and the legis-
lature chosen met in the following june
by a change in the state constitution cleo
lions were made biennial in November of
even numbered years. but the legislature
met. as before in June The term OF
senator expired in March, 1879, and the leS-
slature chosen in November, 1878. would
not meet until June, 1879. to choose his sue
cessor. This was the situation when Mr..
1Ia1 fro cell of do forty
sixth congress for March. 1879 The gov
ernor of New Hampshire Immediately APP
pointed Charles II. Bell senator to fill
the vacancy. The committee on privileges
and elections divided on the question Of
the governors right to appoint, and two re-
ports were presented to the senate That
body after an exhaustive debate. decided
in favor of the governors right to appoint,
and that decision has never been ques-
toned. There was no politics in it. there
being six democratic majority with Bell
in, and the vote was not at all on party
lines. The legislature, in Jane, elect%d
Henry w. Blair senator. and when his
term expired in March 1888, he was APP
pointed By the governor and served during
the extra session OF the senate. In June,
1885, he was reelected. In New Hampshire,
therefore, whenever the term o. q senator
expires the governor has the right OF APP
pointment until the meeting OF the leSlala-
lure and he exercises thar right whenever
the senate is IN session.
Florida is in the same boat since the adop-
ton of the last constitution. Senator Pas
cos term expired March 3. 1893. The legis-
lature chosen in November, 1892, did not
meet by law until April, 1898. Senator Pas
60 was appointed senator by Governor
Mitchell and on these credentials was
sworn in March 4. 1893. and held his seat
during the special session of the senate and
until elected by the legislature.
The refusal last year to seat the APP
pointed senators from Montana, Wyoming
ana Washington is not in conflict with the
policy above outlined. IN these cases the
legislatures had met, voted for senator's for
weeks and adjourned without making q
choice. The senate held that the legisla-
lures had had opportunity to choose sena-
tors and had declined to do so, and that in
such a case no right of appointment was
vested in the governor.
HENRY JONES.
September 22d.