The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-24
IT is SENATOR DUNN
Continued From First PAGE.

tuc IdiIH VI tne fepuDllCan party.
Political anathemas had been hurled
at his present supporters, but that
should not affect them. The verdict Of
the public would be approved II they
acted In the light Of their best judg-
ment ON the constitutional points in.
Volyed In the controversy. He defended
Cushings manual from the imputation
that 1t was collection of the opinions
of the author. Instead, 1t comprised the
cream OF all parliamentary precedent
existing when it was written. That
authority was conclusive to him that
tnere was no vacancy until 1t had been
formally declared by the senate
Senator Thompson said the senate
should not be bound either by politics
or by personal friendship. 1t was pure
~ constitutional question. He be-
lleved vacancy had existed from the
time that Mr.. Day was made lieutenant
governor.
Senator Miller asked who was to de-
termine this
Senator Thompson thought the sem
ate.
Senator Morgan said that during the
year last passed, the governor and
lieutenant governor were out of the
state, so that President pro tenn. Barr
was, in fact, governor. Did that dis
qualify Senator Barr from sitting in
the senate? iyn IL
Senator Thompson thought not.
Senator Yale asked whether the lieu
tenant governors duties during the
legislative session were legislative or
executive.
Senator Thompson thought they were
purely executive. The Daniel Webster
Of the Northwest the attorney from
Minneapolis, had not brought anything
to show to him that the constitutional
provision had not been violated
senator Young took issue with this.
Not less strong than any other clause
or that constitution was the provision
That senator should be elected for
four years. This must be conclusive.
he thought, unless there was some ex-
press provision in that constitution
that vacancy should be created by a
certain contingency. He could see no
duty of the lieutenant governor at all
incompatible with the duties Of a SEN
etor. Criminal law did not permit the
punishment of offenders unless the in
tent to commit the offense could be
clearly shown. Why then should the
senate endeavOr to take away a mans
vested rights because of something
which some one else had done, to
give them to one who had never had
them. No one had ever been turned
out Of legislative assembly on ouch
grounds as was now attempted. Even
If the senate had a right to declare a
vacancy, 1t could not be retroactive
He had nc use for the newspapers
Which were trying to supply the SEN
ators of a ready-made verdict in this
case. He would MT be coerced by par
tiSan sentiment
At 1890 a recess was taken until
1: 45, at which time the prominence of
vacant chairs inspired a call of the
senate. Senator Cronkhite said he hop
ed the senate would be as diligent in
securing the presence Of members as
1t was on former occasion.
Senator Miller was the first speaker
after the senate resumed it's discus
sion in committee. of the whole. He
said that 1t seemed to him unjust that
Mr.. Day should be made to suffer be-
cause of his performance of the duties
imposed upon him by the constitution.
The strict Interpretation Of the limita-
ton on the president pro tenn. would
result in that office going begging, at
least during the first two years Of the
life of any senate. He deprecated the
introduction of partisan issues in the
matter, but he felt that it would puz-
zle senators hereafter, should they un-
seat Senator Day, to- explain why they
let him stay as long as he was a
Republican, and ousted him when he
ceased to be such. He also reminded
the senate that there would be a ques>
ton raised as to the validity Of the
Anderson bill should Mr.. Day be I'M
seated, and he believed that If this
bill was nullified by such action, 1t
would mean not only the unseating of
Senator Day, but of the Republican
party.
Senator Spencer said it would be
dangerous precedent to establish to say
that a man could be a senator and
lieutenant governor at the same time.
Senator Yale inquired why, in the
view Of the case that the offices were
incompatible, the lieutenant governor
was exempted from impeachment.
Senator Spencer did not know.
Senator Wyman said the discussion
was an interesting exhibition of the fine
point to which a discussion of con-
st!tutional question could be drawn.
1t would, however, no doubt, be adj
mitted that the question would never
have been raised at all, but for the
fact that he had deserted his party.
That was the meat Of the contest be-
fore the senate, not the constitutional
question. The assumption that the du-
ties of senator and acting lieutenant
governor were incompatible was un-
warranted.
Senator Potter wanted to know where
there was any provision for such an
office as acting lieutenant governor.
Senator Keller wanted to know If
seating Senator Day would not give the
state Populist government.
Senator Wyman said that that made
no difference.
Senator Stevens suggested that there
had been provision made for the sheep
on one side and the goats on the other, .
but none for sound money Democrats.
This aroused the Ire of the senator
from Stearns, who said that the senate
tYof mo 10 h.
were trying to tell one poor sound
whether he was afoot or on horseback
Senator Howard made some remark
that embittered the Keller soul still
more, and he went at the Hennepin
silverite hammer and tongs. He
was making more money and had more
money than Mr.. Howard, but Chair
man Greer did not see what that had
to do with the contest.
Then Mr. Wyman resumed his argu-
ment, contending that the senate had
no right to declare Senator Days seat
vacant.
Senator Culkin thought that If the
senate passed a resolution declaring
the seat Of Senator Day vacant from a
date previous to the passage of the
Anderson bill, it would be the verdict
OF the courts that that law was invalid.
He might be wrong, but that was his
judgment. Politics could not be divOrc-
ed from the question, but the constitu-
ton must be the guide of the senate.
He could find nothing there to indicate
that there had been vacancy in the
seat of the senator from the Sixth He
believed the senate would consider 1t
under well-establ shed rules Of cons rue
ton. but he had no Idea Of influencing
their votes. He merely wished to ex-
loi