The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-23
ARGUMENT IS ENDED
DUNN-DAY CONTEST NOW RESTS
WITH GRAVE AND REVER-
END SENATOR'S.
COUNSEL HAVE FINISHED
AND NOW THE SENATE WILL DE-
LIBERATE UPON THE POINTS
INVOLVED.
)UNSEL HAVE FINISHED
In the Vote of "a to rs by Which the
Senate Decided to Rise From
COmmitteeS

Immediately upon the reassembling
Of the senate yesterday, and after
that body had resolved itself into Il
committee of the whole, Mr.. Evans re-
sumed his argument in behalf of Mr.
Day.
He commended that it had never been
the intention of the farmers or inter-
prefers of the constitution to absolute
" divorce the three branches of gov
eminent, executive, legislative and
judicial He quoted authorities from
the time of Webster down to
the present in support of this
theory. 1t was impossible to
so separate these branches of gov
eminent, and said that while the
theory. the ideal, was one that had
long been entertained. it was one that
could not be reduced to practice The
counsel for Dunn, he said, plead for the
establishment of an Utopia that had
never been capable of practical demon
stration. He quoted largely from the
constitutional provisions of other states,
and undertook to show from these that
the lieutenant governor might act in
that capacity without actually becom-
ing lieutenant governor to the extent
of resigning his other official position.
He claimed that when Day became
lieutenant governor he had no idea of
Vacatlng his seat and standing as SEN
ator. and that without having accepted
the position with such understanding
no vacancy occurred.
Mr.. Evans again quoted from the
Dupont case, and said that in the pres
ent case the facts We're more apparent.
1t was not fair to exclude Day from
his seat in the senate because of his
position of lieutenant governor. There
was no force in the argument that
Day was in line of promotion to the
position of governor, for the present
president pro tenn of the senate was
also In line of the same promotion and
would become governor in case of the
death or removal of the governor and
lieutenant governor. He was once fur
ther removed from the office of COVER
nor than was Mr.. Day and that was
the only difference.
He pleaded eloquently that the SEN
ate should not place literal and tech
meal construction of the constitution
TO the exclusion of his client The
war between the Hteralists and the
Hberalists had been carried on for
years, and the people had always IA
1t was originally feared that judges
Of the courts might become members
OF the legislature, and this cOnstitu-
tional provision for the enforcement Of
these departments was intended to
prevent such conditions. 1t was not
contemplated by the trainers of the
constitution that 1t should act to the
exclusion Of a senator under such con-.
ditions.
MI Evans several times quoted the
language of Senator Hoar, that to elect
a president pro tenn. from without the
body of the senate, would shock the
sense of mankind" From this he ar
gued that it was absolutely necessary
that some senator should be chosen
president pro tenn. at the time that
Mr.. Day was elected, and whoever
was so chosen must of necessity be-
come lieutenant governor for the pur-
pose Of discharging the duties of that
office. The discharge of such duties
under such circumstances could not
conflict with the discharge of his du-
~ as senator.
The speaker declared that a mem
Der of the senate might only be q vars
Of age, and as senator, might be elect
ed president pro tenn. In such case,
and in the event of the death Of the
vernon and lieutenant governor, would
follow to the position of governor. Yet
the constitution provides that the gov
ernOr must be % years of age. Here is
a plain conflict, if the theory is adhered
TO that, in the constitutional sense
the senator passes from one Depart
ment to another when promoted.
He cited the cases of Senators Hall
and TaWney, who were senator's when
they were elected to congress, and who
served out their terms as senators, even
though their terms as congressman be-
gan before their terms as senators .ex-
pired.
Mr.. Evans read an editorial from the
New York Mail and Express, as re-
ferring to Senator Hoar as IAN
authority so high that no man in this
senate would we'll dispute it, The edi-
tcrial in question supported the theory
that no vacancy was created when the
president pro TEN. Of the Delaware sem
ate was made lieutenant governor, and