The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-20
NOT TO BALLOT
FOR j. ). SENATOR
UNTIL January 2
Delaware Furnishes Precedent That Rhode Island
Legislature " i'll Follow and Sust ain Its Own Law.

Following precedents In other states
Rhode Island legislature will not ballot
for United States senator unfit the 21s;
day OF next January.
This course will be pursued, unless, In
the meanwhile. GOV. Higgins shall obtain
from the supreme court contrary in
depreciation OF the law for the benefit Of
Wetmore partisans who desire 10 curtail
the time I'm which tho opposition to him
may be cTystalllzed.
Some of the Wetmoreites profess 10 be-
lieve that tho national law requires the
next legislature to ballot for United
States senator on the first day IT assem-
bles, Jan. Z, next. but few good lawyers
or experienced legislators agree with
them and all seem 10 believe that what
ever precedents there arc on tho subject
do not support the contention.
The Delaware precedent seems 10 settle
the question conclusively. There had
been deadlock I'm that state lasting from
1892. when the Addicks men raised th9
cry "Addicks or Nobody" until March
=. 1905, when Messrs Alice and Ball wore
chosen The legislature OK 1901 met Jan. ].
the same day tho Rhode Island legislature
met. but did not ballot for senator on thar
day and FILTERED away two years in dis
agreements on the question. The next
legislature met on Tuesday, Jan. 6, the
same day as the Rhode Island general
assembly. but did not take up tho first
ballot for senator until Tuesday Jan. 20,
though the vacancy still existed, just as
II does In this state.
SAME LAW ON SUBJECT.
The court could be asked for an inter-
pretation OF what the United States stat
utes intend shall be conveyed by the
phrase during the session OF the legisa.
ture' In tho section requiring the taxi
ing OF at least ono ballot each day until
senator Is elected.
Under section Is OF the complied stat
utes OF the United States separate bal
lots must be taken In each house on the
second Tuesday after organization Of the
LEGISLATURES OF the different states and for
bdllot In joint assembly on the follow
Ing day In case the two houses fail 10
agree on candidate. and adds:
'If no person receives such majority on
the first day the Joint assembly shall meet
at II O'Clock meridian<on each succeeding
DAY during the session OF the legislature
and shall take at least one vote until n
senator is elected" The question seems IN
be: Does this mean one vote on each leg
lsiatve day. or each day tho legislature is
In session. until a senator is elected. with
out regard to whether it is the same leg
islature or a new one
When the general assembly adjourned
sine die last April with the senatorial
deadlock still unbroken Il was supposed
that when the new assembly convened on
the first Tuesday in January, 1908 Il
would take up the question In the samo
manner as was done year ago by taking
n preliminary ballot in separate houses on
Tuesday Jan. q, two weeks after Inau-
guraton day. and meeting on the follow
ing day In joint assembly and thereafter
daily IL necessary.
Section 10 Of the compiled statutes saws:
Whenever on the meeting OF the legis-
lature OF any state vacancy exists I'm
the representation OF such state in the
senate, the legislature shall proceed. on
the second Tuesday after meeting and or
sanization, to elect person to fill such
vacancy In the manner prescribed I'm the
preceding section for the election OF a
senator for n full term
But II is argued that the vacancy Is not
new one, but occurred before the adj
tournmcnt of the last general assembly,
when ex-senator Wetmores time expired
and was, therefore. a subject for consld-
eration by that body, under the provi-
sions OF the next section OF the compiled
statutes. section IL, which follows.
Whenever during the session OF the
Legislature OF any state a vacancy oc-
ours In the represent2 tion OF such State
In the Senate similar proceedings 10 fill
such vacancy shall be had on the second
Tuesday after the Legislature has or