The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-22

of an hour. We must have it, not as
we want it, but as we should have 1t.
And l believe that you, gentlemen, will
come to the question, in this spirit.
l hold that there can be no vacancy to
make an election legal when all the
ferns Of law have not been complied
with"
Mr.. Evans insisted that it was for
the senate to declare when circum
stances had created a vacancy in that
body. Cushing, the highest authority
in the land on parliamentary procedure.
ruled that there was no vacancy in
any legislati tive body, until declared by
the assembly itself, unless there was
express provision of the law to the con-
trary. Mr.. Day had been disqualified,
no doubt, but this high authority was
explicit that mere disqualification did
not create a Vavancy in the absence of
express action on the part Of the as
sembly. He referred to the failure OF
Senators Thurston, Plat and Mitchell
to find any authority in support Of the
opposite view in the famous Dupont
case. In that case the speaker of the
senate was promoted to governor, and
acted as governor. He, however, voted
In the joint assembly on the election Of
senator, and he voted 2S times. There
was a deadlock. The speaker of the
house held that the speaker Of the
senate had no vote, and certified to an
election, but the senate of the United
States did not coincide in this view of
the case. They wanted a Republican
senator from Delaware, but they could
not satisfy themselves with authority
for ruling that there was a vacancy
in the state senate when that senate
had not itself declared it. The senate
must preserve it's autonomy. The peo-
pie had delegated to it powers by
T. ~s0I,
cannot go. The senate of Minnesota
did not raise a question of Frank
Days membership in their body until
one senator had raised a question as
to the right Of the senator to vote on
certain measure, when 1T refused to
reconsider the vote to which exception
was taken by the vote of SO to 10.
Mr.. Evans contended that the statute
providing for the filling of vacancies in
the legislatures, occurring when the
body was not in session, implied that
at times when the legislature was in
session it would be master of its own
membership. The senate was asked to
make a retroactive declaration that
there had been a vacancy when they
elected a man to fill the vacancy which
had not then existed in fact.
Mr.. Evans met Mr.. Munn's eloquent
tribute to the division Of the governor
with the assertion that there had never
been a constitutional government on
the face Of the earth in which the three
departments were entirely and clearly
distinct at all points. Exceptions were
constantly arising.
The only reason why the founders of
the constitution did not adopt the preSi-
Dental succession act of 1886 in 1889,
was because the congress did not like
Thos Jefferson, the then secretary Of
state. The possibility that a senator
might be president pro tenn. of the
senate and president at the same time,
was an absurdity, but not an inlpCssi-
bility. 1t was an absurdity which was
permitted as a remote contingency, and
which was inteded to prevent hiatus.
The succession must be preserved.
Mr.. Mum suggested that the federal
constitution did not have the explicit
provision of prohibition which did oc-
cur in the Minnesota constitution.
Mr.. Evans retOrted that he had the
authority of the previous speaker for
the statement that the intent of the
constitution was to make the distinction
absolute in every part. But he insist
ed that in every case where there was
an exception from this rule, it should
be given the same force as the general
distinctive clause.
A second recess of ten minutes was
taken at this point, during. which the
After the recess a motion to adjourn
was carried, and the special order will
be continued ait 10 o'clock today.