The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1895-11-23
THE EASTERN SHORE LAW.

lessly disturbed by the untmely discussion
of the proposition to ignore or repeal the
venerable statute of the State, popularity
known as the Eastern Shore Law.
We are not to be understood as advocat-
ing or defending the law, simply because
we never did, nor do we now, see any good
or sufficient reason for its existence.
United States Senators are not like Con-
gressmen.
They do not represent local constit-
uencies, but represent all the people Of the
State.
There is therefore no sufficient public
reason, why their selection should be limited
geographically to any particular section of
a State; be fixed by population, or be based
upon local industrial or commercial
interests.
New York, the largest as well as the
most important State politically, of the
Union, once sent both Senators essrs
Conkling and Fenton from the same city of
Utica, and Delaware the smallest State,
with only three counties, once sent both
Senators from the same town in Kent
county of that State.
While therefore the people of the Eastern
Shore have since 1909, enjoyed the con-
tinued benefit of the precedent set by the
law, and while the custom sanctioned by
it, is an ancient one, it is still in our
opinion, one that is more honored in the
breach than in the observance.
But while neither the law nor the custom
under it may be strictly considered as
other law upon our statute books, entitled
to the full respect of obedience, and is
clearly not, as claimed by some, an uncon-
stitutiona law.
We have heard this objection frequently
urged against it, but have never heard it
sustained.
The Constitution of the United States
provides only three qualifications for
Senator. u That he shall reside in the
INUulp lTDlll NllltI llt II NboSOi' 49, ''''S
he shall be 30 years of age, and (3) that he
shall have resided in the United States,
nine years.
Now, every other qualification of Sena-
tors, and the time, place, and manner of
eecting them, is left for the Legislatures Of
the States to prescribe
-, ,,,.1
prerogative of the State, to fix any qTaliii-
cation as to locality, or any other it may
see fit, provided such qualification or con-
dition, does not contravene the consttu-
tional provisions of the Federal Const-
tuition.
But even if this were not so, the position
taken by some, notceably by Mr.. Yelling
ton. that the election of Il Senator from
the Western Shore by the Legislature,
would be a virtual repeal of the law, is Il
fallacious one, and would in our opinion,
be establishing very dangerous method OF
settling the constitutionality Of any law.
This authority belongs solely to the judi
cial branch OF the State government. 1t is
not a prerogative of the Legislative branch
of it, and the Eastern Shore law never hay
Ing been decided unconstitutional by the
Court of Appeals, the highest Appellate
court of the State, its integrity as law, is
as unquestioned as any other law upon our
statute books.
The only effect then of the selection by
the Legislature of Senator from the
Western shore, as the law now stands, is
the ignoring of statute, as binding upon
the Governor and upon the Legislature. as
any other law now operative in the State,
and equally embarrassing to the Governor
who certfies to the commission, as the yio-
lation of any other law now in force in
Maryland
Clearly then, if the WIIIG's view is cor
rect, to make the act legal, the election of
. Senator from the Western Shore to sue
coed Senator Gibson, whose election from
the Eastern Shore was strictly in accord
ance with the law, must be preceded by
the repeal of the law by the Legislature.
Can that be done?
Is it not reasonable to suppose, ,hat with
the close vote in the Senate Of Maryland
the Democrats would defend the law, and
by uniting with the Republican Senators
defeat its repeal?
In the WHIG's opinion, but one safe
course is open to the Republicans at Anna
polls and that is the election of Il Senator
from the Eastern Shore to succeed Mr..
Gibson and his election to be followed by
a repeal of the law, if majority of the
Legislature shall so decide.
This course cannot be open to the objec
ton now SO forcibly made against the
repeal of the law, that it is a question the
people have the clear right to decide, and
that it was not made an issue in the late
campaign.
That to ignore the law by the election OF
a Senator from the Western Shore, is the
unnotiied denial to the people OF the
Eastern Shore of their immemorial privi-
lege in the alternate election of Senator.
That it is in the nature of surprise
sprung upon them, by the Republicans, in
the very moment of their advent to politi-