Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-01-24
THE SENATORIAL DEADLOCK
Reviewed Carefully in its
Legal Aspect.
THE RIGHT OF THE LEGISLATURE
To Adjourn Over a Day or
Days Without a Vote.


question as II stands to-day has given rise
10 some interesting and pertinent legal
inquiries, one Of which propose to notice. |
Can the General Assembly adjourn on
its own motion and at its own pleasure, as
has heretofore been its practice; or must it
sit continuously until United States Sem
ator shall be elected2
The latter contention seems to me so
unreasonable that | am surprised that it
should find any respectable or encourage
Ing support
Those who contend that the General As.
sembly cannot adjourn at its own pleasure
but must meet every day and vote for d
United States Senator until one is elected,
surely forget by what authority it is con-
stituted 1t is not the creature of iegisla-
ton, State or Federal, but exists, enjoys
and exercises Its legislative functions by
virtue Of a higher warrant-the Constitu.
ton of the State. This is the funda-
mental law emanating from the whole
people, supported by their authority, and
without which the General Assembly itself
could neither elect United States Senator
nor perform any other lawful act.
Referring to the Constitution for the
scope and limits of the General Assembly's
powers in this regerd, the following clauses
will assist us in coming to correct con
clusion and tend to dispel any doubts
where doubts exist.
Article 9 section /, ordains that "the
vested In General Assembly which shall
consist of Senate and House Of Repre-
Bentatives."
BY the fourth section of the same article
1t is provided That the General Assembly
shall meet on the first Tuesday of January
biennially, unless sooner convened by the
Governor" BY section 6 of the same
article it is further provided, among other
things, that q majority of each house
"shall constitute "a quorum to do business;
but smaller number may adjourn from
day to day. And again, by the seventh
section of the same article, it is declared
that each house shall have all other
powers necessary for branch of the
LEGISLATURE of free and independent
State" And finally in this second article,
by section 10, 1t is declared that neither
house shall, without the consent of the
other, adjourn for more thd.t three days, nor
to any other place than that in which the
two houses shall be sitting"
The article quoted is the one creating the
General Assembly, defining its prerogatives
and limiting its powers.
BY section ~ of the third article of. the
Constitution it is provided that the Gov
ernor may on extraordinary occasions
convene the General Assembly, and in
case of disagreement between the two
houses with respect to the time of adjourn
ment. adjourn them to such time as he
may think proper"
/ DelleVe ln0 ABOVE eNLFACtS from our
Constitution include all that IL contains
applicable to the point under discussion.
Let 1t be noted first, that all legislative
power Is vested in the General Assembly.
Secondly, that it is compelled to meet on
the first Tuesday Of January biennially,
but it is absolutely free to adjourn when and
as often as IL pledSes. Upon this there is no
Limitation. And the practice has been in
accord with the power and has never been
questioned. This Is the plain provision
and direction OF the fundamental law. is
there any other authority above or beyond
this that can limit, control or set IL aside
If so, what is it, and has it been exercised {
Assembly to adjourn over at pleasure
without daily balloting for United States
Senator ground their contention upon sec.
tions II and Is of the Revised Statutes OF
the United States, which prescribe rules fol
the election of Senators and define the
manner of proceeding.
The fourteenth section fixes the time
when the Legislatures of the several State:
shall proceed to elect Senators. 1t is "tht
second Tuesday after the meeting anC
organization thereof The fifteenth sec
ton presCrbes the manner III which thu
election shall be conducted; and among
other things gives this direction 'lf nc
person receives such majority on the first
day, the joint assembly shall meet al
twelve O'Clock meridian, of each succeed
ing day during The session Of the Legislature
and shall take at least one vote, until .
Senator is elected" Upon the true con
struction of this clause the whole question
turns so far as Congress has power To maxi
changes in the State law. say $50 far n
Congress has power" for do not conced
the right Of Congress to override plaii
provision of our State Constitution in
matter of this kind even ii it should at
tempt it. But, waving the question o
Congressional power | think 1t is plail
that Congress never intended to enlarge o
limit the regular session of the Leglsu
lures OF the several States acting unde
their respective constitutions, but only u
prescribe reasonable and useful rules 10
the prompt and proper performance of
plain constitutional duty, q duty which
before the enactment of the statute il
question had been often neglected, rendel
ing this legislation expedient.
The authority of Congress to interfer
at all in the election of United States Senl
tors is found i'll the fourth section OF tn
first article of the Constitution OF til
United States and i'll these words
THE times, places and manner of holt
ing elections for Senators and Representi
tives shall be prescribed i'll each State b
the Legislature thereof; but the Congres
may at any time, by law, make or att
sltch regulations except as to the places {
choosing Senators
For nearly 50 years the power of Cor
grcss to regulate the election OF Senator
was not called into exercise, but lett wit
the States themselves.
What led to change in this respect, an
to the enactment quoted above, was TIL
it often happened in some of the Stat
where there were more than two parties
factions, or where one party had
majority in one branch, and was i'll u
minority in the other, no Senator could
elected, because one or other of the hous
refused to meet in joint session, al
through this partisan or factional condu
the State was denied her full represent
ton in the Senate of the United States.
This was the mischief and to reme'
this mischief the statute was passed, al
the constitutional power so long in abe
ance was called into exercise. Ii is impc
tant to remember this, for it will aid rs
the Interpretation of the statute itself. I
mischief then was not that the Legislatu
did not sit six days in the week, or Il.
given number of days. but that the u
branches refused to meet in joint sess
and vote for Senator. Now submit ID
when the statute says the Legislature sh
meet in Joint session and take at least o
vote each day. during the session of t
Legislature" it simply means that as To-
as the session shall last, on every legis
tive day, that is every day it is in sessie
il shall vote at least once; and further, u
neither by the letter nor the spirit OF I
law is it required or expected to do mo
In other words, it was not the intention
the national law makers to lengtheH
shorten the sessions of the Legislatures
the respective States, or to compel
members to sit any number of days in /
week, but only when in session to 1
charge this constitutional duty. by /
construction no violence is done To