The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-24
at phase referred to the attorney

case had no application to the present
contest. He said Adam had to suffer
the consequences OF his act Mr.. Day
had eaten Of the fruit OF the tree OF
temptation and II he suffered the
stomachache, 1t was his own fault
Senator Stevens wanted to know II
there was any woman in this case.
Senator Keller said it was time to
quit talking, vote, and go home.
Senator McHale said he had been
drawn into the matter through his
objection two years ago, to the vote of
Mr.. Day on the Anderson bill That
was purely as q measure of protection,
efficacy. He had opposed that bill be-
cause he believed It endangered the
gross earnings tax. The people Of the
state, however, had ratified that law
by an overwhelming majority, and he
feared that It's validity would be en-
dangered by the adoption Of the reso-
luton vacating Mr. Days seat from
Jan. 81, 1895. He wanted that bin to
stand. If the people had gained some
thing, he wanted them to hold it; if they
lost anything, he wanted them to learn
It, A strict construction, in his opinion,
was not to be sought in dealing with the
particular constitutional provisions in
volved in this case
He thought Mr.. Evans had well har-
monized the apparently contradictory
provisions of the constitution.
Senator Morgan urged that it was a
dangerous precedent to establish to
unseat Day.
Senator Sheehan said the question
was the most important ever presented
to any legislative body in this state
for its arbitrament. He quoted from
the proceedings of the constitutional
conventions held in Minnesota territory
In 1857, and showed by the debates an
intention to clearly define and divide
the three departments of the govern
ment. 1t was clearly the intention OF
the trainers of the constitution to pre-,
clude legislator from holding an ex-
ecut1Ve office, unless his legislative du-
ties should first cease. The constitution
had limited Mr.. Days senatorial exist
ence; the senate had no greater power
He then had read q new resolution to
the effect that the statement of facts,
presented by the elections committee
created vacancy from the Sixth dis
trict and that H. H. Dunn had been
elected to the vacancy. 1t left out the
date, Jan. 81, 1895, embraced in the
first resolution. 1t was immaterial, he
argued, whether that was In the reso-
luton or not, as the date was absolute
ly fixed by the constitution. The in
valuation Of the Anderson bill was
haunted in the faces of the senators
without cause to drive them from their
duty. The courts would not could not,
go behind the record of the 29th SEES
sion Of the Minnesota legislature.
Frank A. Day was a senator de facto.
even II not a lawful occupant of the
seat, and his acts in that position
would be sustained by the courts of
this or any other state. Party feeling
should be, and he felt sure would be,
left out of the case entirely. RepubIt-
cans had talked on both sides Of this
question, they would also vote ON both
sides
Mr.. Thorpe's motion for a reference
of the possible invalidation of the An
derson bill to the attorney general
was lost, and then the senate took up
the Sheehan resolution without the
date, Jan. 81. He wanted to withdraw
the other and was oVerruled, the Day
people evidently desiring to have the
resolution explicit in declaring the va
cancy to have existed at a date prior
to the passage of the Anderson bill
Senator Stevens offered a substitute
in which the simple statement was
made that vacancy now exists.
Mr. McHale wanted to amend by
adding 'by virtue of his having be-
come lieutenant governor" There was
q long wrangle over the verbiage of
the resolution to be presented, which
finally resulted in the division Of the
Sheehan amendment, which was then
adopted 20 to % and % to "a on the
respective halves.
The committe then rose and Mr..
Greer reported it's action to the senate.
Senator Sheehan moved the adoption
IF the resolution II
Senator Wyman wanted to know
how many votes it would require.
President Gibbs ruled that a majori-
ty of a quorum could pass it,
Senator Stevens moved an amend
ment, reciting that by his acts a va
cancy had been created in the seat Of
Frank Day.
President Gibbs ruled that on such
motion he would hold that a ma
jority vote Of the full senate was nee
eSsary to adopt 1t, as it amounted to
ar impeachment Of a senator's con-
duct.
Senator Stevens objected to this rul-
Ing, but the chair was firm, and finally
the Stevens amendment was changed
somewhat, but still stuck to the char
acteristic, in that 1t did not mention
any specific date as one at which the
vacancy occurred. The Dunn people
did not want that, for it either meant
the same as the resolution reported
by the committee, or it meant that the
vacancy would be assumed to exist
beginning on the day on which the res
olution was adopted. 1t was voted
down, the only yeas being Senators
Stevens and Stockton.
The Sheeehan resolution was then
divided, and the following portion of
it was submitted first:
;, Resolved, That when this committee arise
1t recommend to the senate that, in lis opinion,
the facts referred to in the report of the COM
mi nIn ~
office Of senator from the Sixth senatorial dist
riot on the 31st day Of January 1895, which
vacancy continued until the Sd day Of No
vember, 1896
A roll call was demanded and the
senators went on record on the cues.
as follows:
Yeas Barr, Cole, Collester, Currier, Dun
ham, French, Fuller Greer, Hanson. Hene-
man, Hits, Jones Keller, Knatvold, Lloyd
Ozmun, Peterson, Potter, Poltgies-
er, Roverud, Sheehan, Smith, Spencer, Sperry
Stebbins; sweningsen, Thompson, Thorpe,
Nays: Cronkhite, Caulkin. Hanna, Hodge
Howard, Johnson, A. G.. Johnson, w. E.
Larson, Masterman, Miller Morgan, McHaIe
Reishus, Ringdal, Schaller, Sevatson, Stevens
Stockton; Theden, Whitney, Wyman, Yale,
Young-23.
The second half of the resolution was
as follows:
And that H. H. Dunn was, on the Sd day of
November, 1896, duly elected to the office of
S1h0'oA AoAi saiu uIetTlcC, anu Is entitled TO
his seat as such senator. ~
The vote on this was 80 to q, Messrs.
W. e. johnson and Whitney Joining
the Dunn people on this vote.
The senate then adjourned until Tues
day morning at IL o'clock
The loyalty with which the senators
stuck to the champions of their oppos-
ing respective factions is admirable.
certainly, especially in view Of the fact
that the stanchest of them could hard
Nv helm hRinpr hNnoad h1- 10 o