Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-01-01

in the requirement 10, Of course, in the
interest Of conservatism"
"2s. Election Of Officers BY Plural
ity-offiesrs are somstimss, under q
special resolution, elected by a plural
ity Of votes, a. in the case Of the cleo.
ton Of N. p. Banks AZ Speaker Of the
34th Congress. But in this case tho
action Of the minority had the ante.
eedsnt sanction Of the majority; that
10, the majority had voted that when.
ever any member had a plurality Of
votes hs should be Speaker, whoever
no might be-"
The case put by Speaker Reed in the
section last quoted opens up an inter-
esting field of discussion as to this
power Of the Legislature, whether by
concurrent action or in joint conven-
ton, to provide by resolution for the
election Of these constitutional officers
by plurality VOTE and thereafter to
elect them under such a rule. But this
is beside the mark, for 1t would take
a majority vote to pass the resolution
in the first instance. and our Demo-
cratic friends in this Legislature have
| no monopoly Of parliamentary COM
mon sense, neither are the Republic
cans and Progressives all Rip Van
Wrinkles. The Office CT Commissioner
of Agriculture having been created by
statute. it is unquestionably competent
for the Legislature to provide for his
election by plurality vote. but here,
again. it would take a majority vote to
adopt such a provision.
To the list Of our Maine authorities
we add the name Of yet another
statesman-the greatest parliamentar-
ian In America-Asher c. Kinds. In a
series OF carefully stated precedents,
he shows that the election Of Speaker
Of the National House Of Representa-
tives has always been accomplished
either by majority vote or by the adop-
ton. by majority vote, of a resolution
to elect by plurality vote; and that in
the latter case, after each election
under such a resolution it has always
been the practice to further ensure the
legality of the election by the adop-
ton. by majority vote, Of an indie
pendent resolution declaring the sue
cessful candidate to have been elected
cedure In the case referred to by
| Speaker Reed. The provision of the
| U. s. Constitution controlling the mat
| ter is found in Article 1, Section 2.
1.-The House of Representatives shall
| choose their Speaker and other officers
! AS the above quoted section does not
| provide for either a majority or a
plurality vote, but leaves the question
| to be settled by Congress on principles
Of common and parliamentary law;
! these decisions form legitimate pre-
cedent for the question now under dis
| cussion. blinds Precedents, Vol. l.
pages 1872, 124, 1875, 1881.
In Jefferson's Manual, which Mr.
| Kinds work has supplanted as the
Congressional parliamentary authority,
it is said at page pol:
"The voice Of tho majority decides;
for the lex majoris parts is the law of
oil councils, elections, ETC., where not
otherwise expressly provided"
Cushing's Law and Practice Of
Legislative Assemblies" which has for
some time served as the parliamentary
authority Of our Maine Senate, sum-
marizes the question thus:
| "414. For these reasons, the law Of
the majority 10 universally admitted in
all legislative assemblies; unless, in
reference to particular cases, persons
or circumstances, a different rule is
prescribed, by some paramount au-
thority, or 10 agreed upon beforehand
and established by the assembly itself,
by which smaller number is per.
mittsd, or . larger number is required,
to do some particular act. But even
in these cases, il 10 the will Of the ma.
jority that governs; because it is by a
major vote, in the first instance, that
the rule itself 10 sstabiished; or, where
the rule 10 established by the constitu.
ton, or by law It derives its authority
from the sovereign power Of the people
acting in a constitutional manner,
which ultimately resolves itself into
the will Of the majority"
In addition to the foregoing direct
precedents, it is also to be noted that
our Maine Constitution was based to
no uncomfortable extent upon that Of
our parent Commonwealth of Massa-
chusetts. From its adoption in 1880
until the date Of the Maine Constitu-
tional Convention in 1920, the Massa-
chusetts Constitution provided for the
election Of Councillors, Secretary Of
State. Treasurer and Receiver General