The comet. (Johnson City, Tenn.) 1884-1916, 1910-11-17

and IL is conceded that Gov. Patterson
has issued no writs of election to cleo
member to fill out the unexpired tern
Of Mr.. Brownlow. If the governor dit
not, is an election held without sucl
order, or ordered by another, legal an'
validP
But there are other provisions o
statute law which furnish the basis o
conflicting claims and arguments
Shannon's Code of Tennessee, Sections
1l5S to 1l66, sets out the further duty
of the different officials in such a case
Section 1850 provides for a special elec
ton 'when a vacancy occurs in The
office of representative in congress, by
which the state will be deprived of its
full representation at any time con
gress may be in session prior to the
next general election for that office. y
In the case of Mr.. Brownlow it is con.
tended that no session of congress in.
tervened prior to the next general cleo
ton, and that therefore no special
election was required, for the reason
that his successor could be elected at
the regular or general election. But
what is a special election? Does it not
invole both time and object? Was the
election of a member of congress to fill
out the unexpired term of Mr. Brown
low special election-that is, for a
special object not nominated in the
statute as one of the things to be voted
for in the general election, notwith-
standing it was held on the day and
as part of the general election? 1t
was general election day, but as to
this feature was it not special, and
therefore such as must be by the proper
authority specially ordered, published
and called?
Section 1854 of Shannon's Code of
Tennessee provides specifically that
"The governor shall also give notice
of any special election for representa-
tive in congress by proclamation
published in at least two newspapers,
etc. The next section Immediately
following this provides that "Whenev-
er the sheriff now the election COM
missioners) receive writ of election
directing special election to be held,
or receive notice of special election
by proclamation, he they shall i'm
mediately give notice of the time, place
and object of such election, by publica-
ton in some newspaper" etc. The
governor issued no such notice or pro-
clamation, and no notice or publication
thereof appeared in any papers
If member of congress can be elect
ed to fill out an unexpired term, or to
fill vacancy, without the issuance of
writs of election by the governor, or
the issuance of proclamation, fol-
lowed by the required publication in
as to time, place and object
as required by the plain letter of these
statutes, the question then presents
itself, how long before an election must |
q congressman be dead before this pro
ceedure would stand? If it is good for
four months, would it likewise be good
for three, for two, for one month, for
twenty days, for ten days, for one day?
If you can elect at all without the
governor of the state having first Of
ficially declared the existence of va
cancy and the issuance of proclama-
ton to be published, giving time, place
and object, then if Mr.. Brownlow had
died twenty-four hours before Novem-
Der 9th, or one hour, and some man
had scattered tickets broadcast, or only
a few in the hands of special and per-
sonal friends who had voted them on
The day of the election, would that
have elected such man to congress
If this requirement as to proclamation,
notice, ETC., is obviated because the va
,ancy occurred four months before a
general election, where shall the limit
De drawn as you approach nearer and
nearer the election day? Who shall
Jay, and is it a matter of caprice,
-ule of men, mere whim, or is it
,ule of law and adherence to principle?
II would certainly be confession of
ameness in our law if there is no one
pecially delegated to declare the eX-
stence of vacancy from any state in
congress, that is to so declare officially,
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