The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-22
EACH SIDE PLEADS
SENATE HEARS THE OPENING AR
GUMENTS IN THE DAY-DUNN
CONTEST.
Nj. D. MUM IN DUNNS BEHALF
DISCUSSES THE CONSTITUTIONAL
SEPARATION OF THE DEPART
MENTS OF GOVERNMENT,
WHILE ROBERT C. EVANS FOR DAY
Maintains That the Senate Is the
Sole Judge of Vacancies in
It's Ranks

Public interest in the affairs of the
state was shown to be strong by the
attendance at yesterdays session of
the senate, it having been announced
that the Dunn-Day contest for the seat
i'll that body representing the Sixth
senatorial district would be a special
order for II o'clock yesterday morn
ing
Both men were to be represented by
counsel, and as the questions involved
in the legal phases of the problem are
important, not only was there a large
attendance Of the. perhaps, idly curious,
but large representation of members
of the other branch Of the legislature
drifted in and out during the hearing.
The senate went into committee of
the whole, Senator Greer in the chair,
when the special order came up.
Senator Sperry moved that the con-
testant be given the opening argument
and that the first speakers on either
side should not be limited as to time.
The concluding speaker in each case,
however, would be limited to meeting
new matter in the arguments of the
opposing counsel, M. D. Mum and
Noses E. Clapp were present in behalf
of Mr.. Dunn and Messrs. Robert G.
Evans and A. Y. Merrill, in behalf Of
Mr.. Day.
Mr.. Mum spoke first. He urged that
the political aspect of the question
was subordinate to the important legal
propositions involved. 1t was the first
time the senate had ever been called
IN Of
stitutional questions underlying the
government 1t is the question which
power shall be given to one department
and taken from another In the time Of
our forefathers, one man held all the
power. Consequently when they form
ed the constitution of these United
States, they declared that the govern
ment should be divided into three de-
partments, the legislative, the admin
strative, and the judicial. They had
able lawyers, and the common law,
heretofore in force was assumed to
be efficacious in preventing men from
attempting to hold several offices at one
time. This proved to be assum-
ing too much, and the later
states have protected themselves
Minnesota constitution was pecu-
HarIy explicit on this point. The SUI
prene court had declared it the most
explicit Of all.
The question before the senate was:
WAS there a vacancy in this senate
from the Sixth district previous to the
Sd Of November last?"
Section 1 Of article of the constitu-
ton provides for three distinct depart
ments, and expressly insists that a
person belonging to, or constituting
one department shall not perform any
of the duties properly belonging to
either of the others except in certain
cases which are clearly defined in the
excepting clauses. Constituting means
Standing with The lieutenant gov
ernor stands with the executive depart
ment. He has no vote in this body.
no law-making power.
Daniel Webster in 1884 declared that
a separation of departments and the
maintenance Of clear lines between
them was a fundamental principle Of
American institutions.
The constitution then proceeds to
enunerate who shall constitute the ex-
ecutive department, and names first the
governor, then the lieutenant governor
and other officials
The clause providing for the compen-
sation of the lieutenant governor was
also read, as was that providing for
the election at each legislative session
OF president pro tenpore, who shall
"be" the lieutenant governor in case of
vacancy in that office When Mr..
Day accepted that position he knew
that he was standing under a piece
Of political miStletoe and that he would
soon receive the present of a crown.
THE minute he succeeded to the lien
tenant governorship,' continued Mr..
Mum, "he became a member of the
executive department, and he was
stripped of his senatorial dignity. He
was no more senator than I would
have been had | taken his seat. His
friends argue that the senate has
recognized him. 1t did not make him
senator in law. Nor should such
recognition prevent it from doing JUS
tice now. The commission Of one mis-
take should not bind it to the contin-
uance Of such a commission. So His
friends still claim that he wa; presi-
dent pro tempore performing the du-
ties of lieutenant governor Why. then
did this senate, April %, 1895. elect an
other president protein? You have
some judicial power expressly given