The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-25

Mr.. Madison's motion was agreed TO. As the
constitution finally worded, refusal to ac
cept' was stricken out and The simple words
"by resignation, otherwise" retained as re.
ported from the committee on style and ar.
raneement. This committee style and ar.
rangcment did not have any authority to add
now matter or to change the substance Of the
provisions Of the constitution, their Office and
their only office being to perfect the style and
arrangement of the instrument. Having re-
written what had been agreed to by the con.
ycntion, the committee must necessarily have
adopted the final phraseology the best to cx.
press what the convention had agreed to upop
the motion of s,r. Madison. 10 express it in
other words, the committee ON style and nr.
rangcmcnt must have intended that the words "by
resignation, otherwise should cover all the
subjects expressed in the motion of Mr..
Madison.
1t certainly. therefore, seems beyond any cavil
dispute that the trainers of the constitution
were impressed with the necessity cf keeping
the senate full and with the grave Inconvenience
arising from having Chasms in the representation.
For this reason, and for the better protection OF
the smaller states, they deliberately put into the
original draft of the constitution the provision
authorizing the governor to appoint in Of
vacancies, although against the protest made at
the time by Mr.. Ellsworth, who was opposed
to giving this power TO the executives. S'l'
scquently the doubt was raised as to whcthcc
senators could resign. This considered a
very serious question, because it was provided
in the original draft of the constitution that
a. - - +, - -.
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L,.., r.. Ii t,D...s't r,ato .an
sons, and these reasons alone, were the cause
of putting in the words "hy refusal to accept, by
resignation, or otherwise" The words "Rc
l1'Ii W up, "e'e '''NN'i W. W. Wv So.
II ~" NV ie,... ,i."'.,ayy, 80. 49,
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'. ~, " 80. ,. ." -. Sc 'i',as
r'' w. NV as '''i'a'o" "pon ''o nc, .
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Nsls"' ivs"'une WIZ" qu,''' nau -
,"a,, "nu ''p NI'u -, ;l,anti,,.
"',H %U'e" w i'',"'e an ,,.
as as pla,.,F as EIgnSn l"nsuaSe can ,'',''a'e % a, &
resiona,io, bop,r rocoonizod ne n right ovcrv
other form Of vacancy was subsequently, included
bv tbo s,cccodin,, ,,,ord
Tho novt ,ro,ds i, c,auso . of scction 2 of
the constitution oIrc,dv rcfcrrcd 70. namely
.'f,trinp thc rocc.s of tbe lcgislaturc Of anv
state" have likewise civon rise to disnutc
Even here ,yc arc struck with the fact that il
has heon necessary to annlv tbc most Hbcral
construction to those words in tho constitution
in or,lor to tocn tho senate full becousc IL
we hold 70 thc litcr,I technical rendering there
would bc many vacancies in This hodv continu.
oIlv Tho word orccoss'' ;s apnlied tn thc i'm.
tcryal of time in which thr event must happen.
Wcbstor doincs rccoss os an ..intcrnission M
NJ n locieloti,o bodv court or echool II
means a tcmnorarv snsncnsion as distinct from
an adiournmcnt sine die, and contcmnlates
forasocn roassc,nbling Now LEGISLATURE rcn.
orally adiorrns sine dic yithout tho intcntion
of roossomblirc tbo noriod for which most
legislatures undcr n,otorn. constitutions arc
ncrmitted to st hoino Initial in tiuc Whom
Tho legis,ot,ro odiourns thoro con be M inten
tion of roassonhling Tho lecis aturo ia unable
TO reassrmblc oi ;ts own volition. and the only
nossihilitv Of its being rocallcd during the lat.
ter period of its legislative life is upon the call
of the executive Tho adiournment sine die
therefore is NOT technicallv n rccess in its mar.
row sense
THE WORN RECESS
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