The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1895-11-16
A New Election.

The death of Senator p. J. Bennett leaves
a vacancy in the State Senate from Carroll,
which will have to be filled by a special
| election to be ordered by the Governor
| The terms of the members of the General
! Assembly begin on the day of their election
! Members of the Senate and House of Dele
gates are not commissioned by the Governor,
after the official vote has been certified to HIM,
ms most other elective officers are. The rolls
| of the Senate and House are made up by the
secretaries Of each house, and the names OF
those are put upon them as members who are
shown TO have been elected upon the face OF
the official returns Each house is judge OF
the qualification and election of its members
under the constitution and laws of the state
In the event of a vacancy by death, reslg-
nation. &C., the constitution provides that,
should the Legislature be in session, and ten
DAYS or more OF the session remains, new
election must he ordered by the presiding
officer of the house in which the vacancy oc-
ours. If vacancy occurs during a recess of
the Legislature. except where general cleo
ton occurs before another session. the Gov
crnor must order a new election.
A question has been raised IN the case OF
successor to Senator Bennett to whether
the Governor is empowered under the const-
tutiop TO order new election. or Whether the
election must be ordered by the President OF
the Senate after the new Senate is organized
in January next.
The question is, is there Il recess OF the
Legislature al this time, in the meaning OF the
constitution? Upon the one hand 1t is SAID
that there is not, and new election for Sen
ator m Carroll cannot be ordered until the
Senate meets and is organized. Upon the
other hand. it is claimed that there Is always
n Legislature, and the fact of organization
doss not affect the matter of vacancy. he
constitution is silent as to the time terms OF
Senators begin. but desgnates the day OF cleo
ton as the time the terms of members OF the
House of Delegates begin. The inference Is,
that the terms of Senators date from their
,.Icr,;on also for there would he no use in
having ii House OF Delegates two months be-
fore having Senate Ii is plain. therefore,
ri,ot there is IA General Assembly between
election day and lis meeting day. IN" hrst
"Wednesday in January. The General As
sembly is either in session or there IS ii recess.
II is not in session now, and Ia contend that
the time between election dav and The first
Wednesday in January is not il recess would
be 70 contend that there is no Legislature,
while the constitution expressly desIgnates
thai the terms of members Of the House OF
Delegates begin on the day Of their election,
and hy reasonable Inference. the terms OF
Senators also.
Members of the House of Representatives
are elected in November, and their terms he
DIN ON the Ith of March following. Every
member elected is Il Congressman from the
4th Of March, though the Congress does moi
meet until the December following. nor does
he take the oath of office until the session
begins. fla person elected to Congress should
die after his election. and before the Congress
meets. the Governor nt the state could order
new election 10 I'LL the vacancy. and 1t has
been done many times.
Every county in Maryland is entitled to re-
Il representative at the usual time. but death
has removed him. Special elections to hill
vacancies can be ordered upon ten day no
tee. There is ample time-i5 dayS-Ietl for
the people of Carroll to fill the Vacancy. 1t
the matter i postponed anti! tn" General
Assembly meets and organizes. and a SPecla!
election is ordered by the President OF the
Senate. Carroll would he denied representa-
ton in the Senate for at least ome-third otthe
next session This is unreasonable and I'M
lust. and no construction of the constitution
would warrant il. The facts are that Legs
lature WAS chosen ut the recent election. ana
the terms of members began on that day; that
there is a recess now until the first Wednes-
d,rv in january: that there is vacancy in the
Senate of Carroll: that there is no general
election intervening before Il session OF the
LEGISLATURE. and the Governor. in the plain
meaning of the constitution. is empowered to
order Il new election to fill the vacancy.