The Maryville times. (Maryville, Tenn.) 1884-1944, 1895-03-14
A COMPILATION
Of Opinions on the Cubnatorial
Contest.
Four Of the best posted agree in
their answers to the questions.

tIiht tic pcioo" h~'ihS WIN
highest number of votes on the face
of the returns shall be inaugurated
as governor, before contest can be
instituted; that he shall hold his
seat until the contest is decided;
and that then, if the contest be sue
cessfu, he shall give up his seat to
the contestant: or, does the consli-
tuition provide that the outgoing
governor shall hold his seat until
the contest is decided; and that the
person finally decided to have been
elected shall then be seated. Be-
fore we can be certain of the ans
wer to this question, several points
as to the meaning of the cOnstitu-
ton on the subject must he de-
cided
The following extracts from the
constitution of Tennessee, and the
following questions as to the mean
ing OF those extracts, were recently
handed to the members of the fac.
ulty of Maryvile College, to num-
Der of the more advanced students
of the college, and to a few law
yers.
Extracts From the Constitution OF
Tennessee.
Art. III, Section 2. The govern
or shall be chosen by the electors OF
tie general assembly, at the time
and places where they shall re-
spectively vote for the members
thereof The returns of every
election for governor shall be sealed
up and transmitted to the seat of
government, by the returning OFF,
GERS, directed to the speaker OF the
senate, who shall open and publish
them in the presence Of n majority
of the members of each house of
the general assembly The person
having the highest number of votes
shall be governor; but if two o,
more shall be equal and highest in
votes, one of them shall be chosen
governor by joint vote of both
houses of the general assembly
Contested actions for goverL OF
shall be determined by both houses
of he general assembly, in such
manner as shall be prescribed By
law.
Section 4. The governor shall
hold his Office for two years, and
until his successor shall be elected
and qualified.
Questions,
First:-Must the person who has
the highest number of votes on The
face of the returns be governor
in every case, or may a contest
cause an exception to that rule?
Second:-D0es the expression
"shall be governor" mean that thu
person spoken of shall be entitled
to hold the office during the entire
term for which he was elected?
Third:-Is "the person having
the highest number Cf,votes on tn
face of the returns, as opened ant
published by the speaker of tn
senate, or is he the person having
received the highest number o
LEGAL votes in the election?
Fourth-In the case of a contest
can any person be declared ELECT
ED until the contest is decided?
Fifth:-It is true that "this sect
ion of the constitution is so clea
that it cannot be misunderstood, il
whole or in part?"
The thirty-three answers re
ceived may be summed up as fol
lows. Twenty-One answers wer
such as to indicate that the contes
should come before the Inaugural
ton. Ten answers indicated tina
the inauguration should come be
fore the contest. One answer wa
to the effect that there could be n
contest, except in case the return
showed tie vote. From one ans
wer, the opinion of the one answer
ing could not be determines, upo
this subject
Twenty persons said tire consti
tuition was ambiguous at this point
Ten said it was clear. One said
was REASONABLY clear. One init
mated that it was clear to the WIS.,
men. One declined to answer, a
to its ambiguity.
OF the ten persons who SAID tn
extracts were clear, the answers O
four indicated that the Inaugural
ration should come before a con
test; and the answers of six indi
Gated that the contest should COM
first.
OF the four persons mentioned il