Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-12
u AsIr acts shah

B 6S06f6 sbdn be composed Of
q 1nd the House of Dele
1ixty-nxe members, subject to
1roo9ed according to the pro-
4 Hereinafter contained"
members. The constitutional pro-
1on of West Virginia Is, therefore,
the Lexislature'' consists OF 81
emberz. a majority Of the joint as
mply. must therefore be under the
pnlted States Constitution, 40 votes.
mere IS no question whatever that
&1e United States Senators must be
elected by the State Legislatures. The
joint assembly is the Legislature. The
language of the act Of 1865 in requir-
1ng 4 majority of the votes of 'the
Joint assembly" must be equivalent to
requiring q. majority of "the Legisla-
Sure.s The act does not say or mean
majority OF votes cast, but a majority
of the Legislature.
II Is the universal rule OF law apply
1ng to all bodies composed of a definite
number formed for the purpose of do
ing g definite thing, that a majority OF
1ne whole Is required, although a ma
~ 6AFNA W Va may
transact business by a vote which
represents the entire body. The COM
mon law rule In such cases was that
N such a body all must be actually
present. and In q number of English
cases It was held that the absence Of
the Mayor or a single member of @
lily Council invalidated any election
because an integral part of the body
was absent The latter and better
rule. il, that those absent must be con-
sidered In determining the question OF
majority, but that a majority of the
pody can meet for the transaction of
business.
Where a body of three are appointed
as q commission to buy a site for a
public building, two cannot act.
lFulaskf Co. VS.. Lincoln, 9 Ark, 320.)
Where a board of five commissioners
q appointed to determine the question
|of erecting a public building while
hree can meet for the transaction of
gusiness, it requires a majority of the
re to make a valid report. (Petrie
B. Wofford, 80 Miss, $3.50
Inc authorities upon this question
e collated in the case of Exparte
Pgers, z Cowan, 526, and all support
view.
the Joint convention is a definite
mittee for the purpose of perform
Qennite duty, the authorities are
greed that it requires a clear cut
r1ty OF the entire body, although a
rity of the body can met for the
ectlon of the business. In the case
ung VS.. Buckingham, 5 Ohio, 400,
Finc1ple is stated after a thorough
nation OF the authorities as fol-
the execution of a power dele
or purposes merely private it is
ry that all shauld CONCUR as in
trustees, ETC., but if the person
fusted with powers in some re-
Of a general nature or public
II all are acting a majority will
e the minority and their act is
OF the whole"
the Votes Cast for Nathan b.
Were of Senator's Who Had
ed Their Offices by Accept
Hillary Commissions in the
states Army.
t of the Senate to in
question the case of
ofQelaware, is con-
involved under
State of Yves:
Ia Judge John Bran
As 80 able and exhaustive that we
b do no better than adopt his sug-
stions, and upon this point refer to
s brief on file in the Senate.
The question in the case in hand Is
3 to whether or not two senatorial
fffces had been vacated under the Con-
s~titution of West Virginia, and wheth-
er those Senators had a right to vote
n the joint assembly. The sole ques-
lion in the Dupont case, both before
the Committee and before the Senate,
was as to whether one Senator had
vacated his office under the Constitu-
ytion of Delaware and was or was not
entitled to vote in the joint assembly.
The following is the statement of the
Committee on Privileges and Elec-
tions:
The Committee on Privileges and
Tiections, to whom was referred the
stition of Henry A. Dupont, Of the
ate Of Delaware, claiming a seat in
e Senate from that State In virtue of
election by the Legislature thereof
May 8, 1895, having had the same
Reconsideration, beg leave to sub
following report:
statement of Facts.
Ehere Is in this case no material con-
ention as to the facts. 1t is conceded
The petitioner, HenEy A. Dupont, was,
At the date of his alleged election, a
citizen Of the United States and an in
habitant OF the State of Delaware, over
30 years of age, and in all respects
hQualiied to become a Senator.
The Legislature OF the State of Dela-
ware consists of a Senate, composed of
3 Senator'S, 3 of whom are elected from
each of the three counties of the State,
Md a House of Representatives of II
\embers, Z of whom are elected from
h. of the three counties of the State.
zen there are no vacancies in the
nbership, and all are present in
It assembly of the two houses for
purpose of electing a United States
ator, such joint assembly is COM
d of 80 members, this requiring
votes Of 16 members 70 elect.
the event of a vacancy caused
Ter by death, resignation, inability
act, or for any oyer reason, then
joint assembly, all others being
sent, would be composed of 20 mem
IS, in which event the votes of is
Embers would be sufficient to elect.
AT the meeting of the joint assembly
AZ fha legislature of Delawa on the