The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-23

citrancy He would place his republi-
canism side by side with that of the
men who had impeached his party 10y
atty. There was no politics in this con-
test and no room for partisan consider
alton, and he would as soon think of
appealing to the politics of the judge
ON the bench as to make that appeal to
the senators who sit in judgment upon
this case. In closing, Mr.. Evans quot
ed the language of the chaplain in his
morning invocation, and begged that
it be applied in this case: ?
But right is right, since God is God,
And right the day must win;
To doubt would be disloyalty
To falteI would be sin.
The argument presented by Mr..
Mum in the Dunn-Day contest Thurs
day was supplemented yesterday after
noon by a comprehensive summing UP
Of the case, and in answer to the ar
gument presented by Mr.. Evans in be-
half of Day.
Mr.. Mum stated that Mr.. Clapp who
had expected to address the senate,
was not able to do so, owing to a
throat trouble, and that the closing
argument thus fell to him.
Mr.. Mum repeated his statement at
the beginning of his first speech that
1t was not intended to drag politics into
the discussion, but that since Mr..
Evans belittled the question by a po-
litical discussion and offended the ears
OF senators by presuming upon their
political tolerance, Mr.. Evans, said the
speaker, had thrown his own political
standing into this case as a bulwark
behind which to shield his client. He
had believed Mr.. Evans too great and
too brave man to make such a plea
and he would place the most charit-
able construction upon it and say that
it was done in a moment Of alteration.
He devoted himself to what he
would temporarily characterize as the
argument made by Mr.. Evans" The
whole argument consisted Of the state
nent that there must De a vacancy be-
fore. there could be an election, and
as the senate had not declared a va
cancy there was none. Mr.. Evans had
settled all this question upon the au-
thority Of a brief extract from Cush-
tEg's manual, an authority supposed to
cover all the necessities of all parlia-
mentary bodies, legislatures, political
conventions and everything. Mr.. Mum
insisted that such authority on such
a subject was not sufficient or con-
elusive, and proceeded to demolish
some Of Mr.. Evans theories by quota
tons from the same and other authoTi-
ties. The whole argument, aside from
Cush1ng's manual, said Mr.. Mum, had
consisted OF the quotations from va
: rIous speeches in the Dupont case. 1t
was pretty much all Cushing's manual
and Dupont. The records concerning
the case were not suitable matter for
this case, and he had not intended to
use it, but since Days counsel had
called it into the case he would make
a few extracts from the history of the
Dupont case.
He proceeded to recite the history Of
the case, as it was of record, and gave
very different aspect of it from that
fnh Inv
governor Of the state had walked into
the senate and cast his vote as a SEN
ator on the election of United States
senator.
was such a case, under constitution
which would permit such thing, a
guide for the senate of Minnesota?
Discussing the question as to Wheth-
er vacancy was created by the cleo
t1on of Day as lieutenant governor,
Mr. Mum said vacancy may occur
by death, by resignation or by opera
ton OF law. A vacancy can be created
in no other than these three ways A
vacancy made by operation Of law is
where the law steps in and says the
person formerly holding that place is
no longer qualified to hold it, and a
vacancy so created is absolute and has
no degree.
There is no degree or quality of a va
cancy. 1t is or is not a vacancy, and,
once created, has no limitations or
qualifications. Not only is it held that
no man can hold two Incompatible
offices, but he has no option in the
premises, and cannot say which Of the
two he shall hold. When he assumes
and begins the discharge of new and
incompatible duties, that acts as a
constitutional and absolute vacation of
his seat, and no further act of his nor
any act Of the Legislature is neces-
TO no Of ho
cation.
Senator Stevens called attention to
Cushing'S manual, and took issue with
Mr.. Munn's reading of section 479. At
this point a short recess was taken,
and Mr.. Mum read the section, his in
depreciation Of which had excited OBJ
lection.
Senator Yale thought each member
should be provided with Murray's
grammar, as the tilt proceeded from
questions Of law to questions of syn
tax.
The argument was finally settled
amicably and then Mr. Mum was per-
mitted to finish his argument, which
he did with the statement that the Day
| case hinged entirely on there being no
vacancy.
He contended in closing that there
was not the slightest possibility Of the
unseating Of Mr.. Day invalidating any
law on which he had voted as a sena-
tor
Mr.. Munn's peroration reminded the
senate that a decision that man could
be a member Of the legislative and
executive departments of government
at the same time, would be step back
toward the days when their forefathers
were beheaded under a law made, ex-
| ecuted and interpreted by one man.
Senator Yale, in order to bring the
! contest before the senate in due form,
presented a resolution that Frank A.
| Day was still entitled to the seat in
| the senate for which he qualified in
| January, 1897.
Senator Wyman said it was none OF
the senate's business if the sitting
senator from the Sixth had deserted
the party Of his youthful affiliations
and gone out after false gods. Parti-
| san bias should be cast aside. He was
not a constitutional lawyer, but there
were certain questions Of right and
wrong which any man could judge.
There were violations Of the provi-
sions of the constitution of the United
States which had: notAbeen mentioned.
The federal constitution provided
that man must be 81 years Of age
to hold any office under the govern
! ment. Yet Stevens Thompson CaSS
was not only secretary of state, but
governor Of Michigan before he was q
years Of age. He thought the senator
from Martin stood in the same re-
| lation to the senate today as on the
| day that the senator from Scott raised
a question as to his right to vote.
Senator Knatvold offered a substi-
tute declaring that a vacancy existed
after the promotion Of F. A. Day to
,4n71a mi nd rim Nv