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

of Veto, A recess was taken at noon
till o'clock
After a call of the senate Mr. Mum
resumed his argument. He knew Of
no court which, when it had made Il
mistaken ruling, was not ready to cor
rect it when it discovered. That was
the highest evidence Of uprig1htnesS,
not of qualification. When the senate
made the mistake Of allowing Mr.
Days name to remain upon the roll
call, it made no greater mistake than
when it elected Mr.. Barr president pro
tenn. That was the first time the at
tention Of the senate was called to the
eXiStance of a vacancy. Moses had
secured a reversal of a decision of
court higher than all human ones; why
should not the senate correct it's earlier
errors?
Mr. Mum then proceeded from the
constitutional provisions to the COM
mon law rule that no person should
hold two Offices and cited and old Eng
liSh case in which the great court of
that country not only denied the right
Of one person to hold two offices, but
declared that the acceptance Of the
second vacated the first
Numerous cases in the courts Of the
various states were also cited to show
that, when Mr.. Day became lieutenant
governor, he ceased to be a senator.
1.-The term of any elective office may
be terminated by acceptance Of an ill
compatible Office was the utterance
Of the Minnesota supreme court in one
case cited. Was there any incompati-
b1lity between the offices of senator
and lieutenant governor? The latter's
duties were passive up to a certain
point, but, had Mr.. Day succeeded to
the gOvernorEhip he would have had
the veto power, equivalent to the vote
Of two-thirds of the senate. Was any
senator SO empowered? The lieutenant
governor is barred from taking part
in impeachment of the governor. Could
Day have maintained that he was still
in the senate, and vote on a measure
which might carry with it his own
succession?
AS for the claim that Mr.. Day had
not accepted the office of lieutenant
governor, Mr.. Mum said he did not
have to. The constitution lifted that
duty from his shoulders. He received
the congratulations Of his former as
sociates on his promotion to the posi-
ton. He drew the salary of lieutenant
governor. If he was not lieutenant
governor, then he was guilty of OBJ
tanning money under false pretenses
All the circumstances and all the law.
he insisted, supported the fact of
vacancy in the senate from the Sixth
district previous to Nov. last. The
listing when there was an unexpired
part of a term without lawful in
cumbent Of office.
Mr.. Mum then took up the claim
which the Day side might make, that
Mr.. Dunn had not been elected legally.
and urged that this claim could only
rightfully be made by a contest for
Mr.. Dunn's seat. Mr. Day had ex-
pressly disclaimed being the contest
ant" But there could be no question
OF it's regularity, any way, in his iudg-
ment. The legislature was empowered
to designate where and when elections
should take place, and it had done so
in the general election law, so that the
only force now attaching to the pro-
vision for proclamation Of elections by
the governor was with respect to
special elections. The failure of the
governor to issue a proclamation could
not d1sfranchise the voters of the Sixth
district in any event The only pur-
pose OF the proclamation was to give
greater publicity. not legal effect.
Mr.. Mum finally took up the argu-
inent that II the senate unseated Day.
II would nullify the 100 laws on which
he voted after he became lieutenant
governor. He insisted that the action
OF the senate had nothing to do with
thal. IL ne was senator then the
senate could not change it. If he was
not q, senator, the senate could not
change that either. How would TN.
courts, who had ruled that it was
not within their province to determine
whether or not any legislator was leg
ally member when he voted on a Ger
tain bill. 1t was assumed he was a
senator or representative de facto and
no law would be invalidated on anv
pretext of question of a legislators
membership EN- IN the law-making body
Mr.. Mum closed with an eloquent
pcrOratiOn on liberty. Legislators might
approach the constitutional ouestion
involved in this contest as reVerently
as patriot might approach the rock
on Which the fathers of liberty had
based their hopes, the rock which had
beaten back the ever aggressive and
destroying waves of ocean.
At the close of Mr.. Munn's address
Senator Barr moved a recess of ten
minutes.
Robert G. Evans leaned against the
secretary desk and addressed the SEN
ate, at first quite colloquialIy. but
warmed up as he reminded the SEN
ators Of their responsibility in adjudi-
eating the differences between two
men. You are the final judges" he
exclaimed. You are not asked to va
cate the seat Of Senator Day. new
man comes knocking at your door. If
the question whether or not Senato1.
Day shall continue to sit For that
reason it might be well to conside,.
whether or not there is a vacancy in
Senator Days seat. If there is nor
then as the law provides for only one
senator from the Sixth district. You
must send Mr.. Dunn back home
again" He insisted that there was a
distinction between the definition Of a
vaYancy cited by the counsel for Mr..
Dunn, and the facts as presented In
the statement which lay before the
senate. One Of the foundations Of the
government Of this country was the
provision that the senate must be the
sole, the final. the absolute Judge OF
the qualifications Of its own members
There would be an end Of popular gov
eminent If the people, or any other
power, could override the constitutional
provisions when inflamed by passion.
or animated by other motive. The
first written constitution OF free peo-
1 pie was that of the United States.
which was declared by the founders
Of this government to be forever the
supTeme law of the land 1--WE must
not bring tic the test OF these consiitu
tonal questions he said, ''the passion