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THE ATLANTA WEEKLY SUN.
THE DAILY SUN
Wednesday Morning November 22
Can It Be True.
"We hear it stated that some men, who
profess to be Democrats, are opposed to a
special election for Governor, and in fa
vor of Hon. Benj. Conley retaining the
Executive office till the end of Bollock’s
term; that be has been advised by such | ziedinto the belief that the present mode
men to veto the election bill and hold on of letting out the work is the best and
tohis place, and that some have even m °st economical; or that the immense
. , , profits arising therefrom are legitimately
asked him for favors m the way of be- property ° f 1)ar tizan sportsmen. The
stowing offico on themselves or their unblushing swindle has been long enough
Tl»e Public Printing.
Editors Sun: Your remarks touching
the duties of the Legislature in reference
to the Public Printing are eminently
proper, and your independent course
does yon-honor.
It is to be hoped that the Democratic
members of the Legislature, being sol
emnly pledged to retrenchment and re
form, will not suffer, themselves bamboo-
friends.
"We trust this report, too, is without
foundation; but, if it be true, each men
are none other than the same who, a few
weeks ago, entered a plea against the im
peachment of Bullock lest it might bring
down upon us fhu wrath of Gen. Grant
and a declaration vi martial law.
No fear of martial law ever first prompt
ed this unmanly prediction; neither did
those who first urged it desire to prevent
impeachment simply; but the object was
to prevent investigation. This is the fear
—the thing so much dreaded, whose
spectre haunts the visions by day and the
dreams by night of those who were op
posed to imneachment, and who are now
opposed to an election, and in favor of
keeping Conley in office.
Men who are now unsuspected will
have their deeds revealed, which they
are not willing to face, if a thorough and
honest investigation is made. These men
oppose an election. They desire to
smother up the truth. They are afraid
of prosecutions, and ostracism which
will follow, if the whole truth is known.
Can it be that Democratic members of
the Legislature are under the influence
of men in this category ?
Bearing Defeat Gracefully.
Our neighbor, the Constitution, thinks
we bear defeat ungracefully.
We are not yet defeated. We have,
from the first, advocated a large reduc
tion in the cost of the Public Printing.
We shall be defeated in our object if the
Legislature refuse to make this reduc
tion. We have said that we were willing
to undertake to do the State Printing for
25 to 80 per cent, less than it has hereto
fore cost the State; and that we were able
to do the worn faithfully and promptly,
and ready to enter into any sort of bond
to this effect. If, in the face of this of
fer, the Legislature give the work to the
combination represented by Messrs.
Hemphill and Burke at a higher rate, we
shall know that its members are not de
sirous of saving the people’s money, but
aim at squandering it uselessly.
Is our neighbor bearing retrenchment
gracefully ? Are Messrs. Hemphill and
Burke willing to do the State Printing
for as low a price as they would do the
same for an individual ? Are they wil
ling to bid for it as they would for a pri
vate job of work ? If they are, let them
say so.
Vetoed.—As we predicted, Acting-
Governor Conley vetoed the Election
bill. His veto message was sent to the
House but not read; its contents, there
fore, are not certainly known, but it. is
believed he makes use of the same hack
neyed arguments put forth by the Era,
which our correspondent “S.” and Judge
Stephens so completely answered.
To-day it will be read, and then the
public will see it
Fire Near Griffin.—The dwellin
house of Mr. George Harvel, five miles
West of Griffin, was entirely destroyed
on Monday night—the family barely es
caping with their lives. The fire origi
nated in the store-room, and had got so
far under way that it was impossible to
save even the clothing of the family.
The loss amounts to about $2,500, and
comes out of one bf the best and most
industrious men; but Harvel’s sort don’t
mind small matters, as he went to work
Tuesday morning making preparations
to build a mansion equal in every respect
to the one burnt,
We think the House of Representatives
acted properly in voting down the prop
osition to appoint an outside committee
to make investigations for them. The
duty devolves upon the members them
selves, and they cannot properly cast, it
off their shoulders. The eminent gen
tlemen named in Mr. Scott’s bill, we
hardly think, would accept sueli an ap
pointment, though, of course, we do not
know. The services of such men can be
had to assist any committee that m iv be
raised, if neeeded; but the members
themselves are responsible.
Lawyers.—Atlanta boasts of one hun
dred and ten thrifty, enterprising law
yers. The source of so much litigation
is a mystery to some, though there
are seventy-seven licensed bar-rooms in the
city !
The communication on the subject of
the Public Printing is worthy of the at
tention of the Legislature.
And iu tbis connection we desire to ask,
what thoroughly competent and honest
printer was consulted by the Printing
Committee, which reported a bill to re
duce the compensation five j)er cent ?
The State Printing can bo done thirty
per cent cheaper than ever before. We
know what we say! If members are in
favor of squandering the people’s money
uselessly, they shall do so with their eyes
open—they shall face the music and take
the consequences.
practiced. There can be no better tame
than tbe present for the people’s agents
to inaugurate a system l>y which the
Printing shall be done at a fair cost to
the State and a reasonable profit to the
Printer. This can only be accomplished
in the way you suggest: by giving tbe
work, under proper restrictions, to the
lowest responsible bidder, who shall be
placed under heavy bonds, with bona fide
solvent securities, for tbe timely and
proper performance of his contract.
The writer has it from the lips of a
former State Printer that, prior to the
war, he paid out of the profits of the
work done, during his official term, the
sum of twenty thousand dollars for the
influence of a single individual in pro
curing liis election ! Another instance
may be mentioned, in which, since the
war, from five hundred to five thousand
dollars each were paid to as many as four
parties, residing in different portions of
the State, for their influence iu a similar
election. And yet the Printer, in each
case—the responsible party, who did the
work—pocketed a handsome profit also.
Let the Democratic members of tbe
present Legislature consider this subject
patriotically and with a due regard to
the interests of their plundered
Constituency.
>-•-<
Con. Weir Boyd.—This gallant soldier,
able statesman, and true Democrat, has
been in our city for some days. He is
true to the principles of the Constitu
tion and Republican Liberty, and has the
confidence of all Northeast Georgia as
but few ever had.
Criminal Court.—Yesterday Frank
Phillips was convicted of burglary in the
night, and sentenced, by JudgeHopkins,
to fifteen years in the penitentiary.
John Simmons* colored, indicted for
larceny after trust, was acquitted.
Mayors Court.—His Honor, deter
mined not to be outdone in politeness,
even by a criminal, seems to have been
consulting Lord Chesterfield and Cha
teaubriand in search of some authority on
etiquette. He saluted his guests iu
French: “Bon jour, messieurs ; J’espoir
queje trouvevous Men ce matin." “Morn-
in’ to you,” said John. “ Guten Abend,
mein Herr," sagle Johann. “ Bon jour,
monsieur,” echoed Jacques. “The
deuce,” said Jonsen.
MEIN HERR HEINRICH WERNER
had been drinking to such excess as to
disturb citizens, for which he handed
over a “V,’’with a flourish that defied
the munificence of Alexis, the Russian
exotic prince.
THACKERAY ELYEBTON,
was found oscillating like an inverted
pendulum. His head discribed in its
evolutions, segments of circles of varia
ble length. It was too heavy, be said.
His brains had been growing; “growing
dizzy,” said the policeman who took him
into custody. $5 and costs.
JOHN ELLISON
was an aristocratic, politician looking
negro. He indulged in a morning dram;
bought liquor on credit, which he secured
by bis commanding appearance. His
appearance was worth only $1 25, at
which time his barkeeper put an embargo
on his intemperance. With the air of
King Lear, he called the barkeeper a
liar, (prefixing an oath.) This transac
tion cost him $6 25 and costs.
HARD ROBERTS
was accustomed, like the prairie buffalo,
to make some twilight charge on some
passing locomotive, threatening its entire
destruction. He made a lengthy vindi
cation, but His Honor conld not brook
such daring, and wanted $5 as a hostage
for his future polite bearing towards
peaceable locomotives. So mote it be!
The mainspring of opposition to the
election of a Governor is a desire to
screen the guilty and give the robber
clan, who have so long and so basely
plundered us, a longer lease of life.
Those who have opposed the measure,
and are not actuated by such base mo
tives,are victimized by the great managers
of the mischievous design—doing their
bidding, but knowingit not.
Tlie Election Bill.
The bill which has become a law in
spite of Judge Conley’s veto, provides
that a special election for Governor shall
be held throughout the State on the 3d
Tuesday in December next, to fill the un
expired term of Rufu3 B. Bullock. It
provides that the returns shall be sealed
up by tbe managers and directed to the
President of the Senate and Speaker of the
House of Representatives, “and transmit
ted to the person exercising the duties of
Governor for the time being, who shall,
without opening said returns, cause the
same to be laid before the Senate, if the
Senate be in session when received, and
if received” during the recess, then so
soon as the General Assembly convenes.
The Senate is required, forthwith, to
transmit said returns to the House of
Representatives. The two Hous
es, also, are required to convene
the Representative Chamber,
open the returns, count and publish the
vote, and declare “the result of said
election, as provided by Article 4, Sec
tion 1, Paragrapb3, of the Constitution,”
and the Governor thus chosen shall be
inaugurated the next day thereafter at 12
o’clock, M.
We give this synopsis that our readers
may fully appreciate the very untenable
points made by the Acting Goveruor in
his veto message.
CONLEY’S
VETO MESSAGE !
HE SHOWS HIS CLOVEN FOOT
AND HIS LACK OF CAPACITY - .
BSL A good deal has been said recent
ly about tbe impecuniosity of Napoleon
UL To prove how well-grounded all
such rumors are, his Ex-Majesty lately
sent the Pope a purse of one million of
francs.
We would discuss the gross errors and
pitiful weakness of ActiDg-Govemor
Conley’s veto, but it is not worth while.
The veto is dead, and so is the author of
it—politically. There is only one point
in it worthy of notice—where he points
out a clerical error in the bill. He, him
self, admits it to b6 a. “mistake." There
is nothing in his objection. The whole
scope and meaning of the language used
are too clearly defined to admit of more
than one construction.
Bat if there be any point in the objec
tion, bow easy is it for the Legislature to
pass a little bill of three or four lines in
length, so as to remedy the defect—de
claring that the word two shall be substi
tuted in the place of “three.” This is
easy, and is a perfect cure for the error.
Executive Department, )
Atlanta, Ga., Nov. 21st, 1871. J
To the House of Representatives:—I
herewith return to your honorable body,
in which it originated, the bill entitled
“An Act to provide for a special election
for Governor, to fill the unexpired term
of Rufus B. Bullock, late Governor, and
for other purposes,” with my dissent to
the same, and the reasons therefor.
I have not adopted this course without
the gravest consideration. As the ob
ject of the bill is to fill the unexpired
term of Governor Bullock, which, at the
time of his resignation, devolved by the
Constitution upon myself, my personal
pride would impel me promptly to affix
my signature to it,since, to refuse to do so,
is to put it in the power of those
disposed to judge harshly to attribute
my action to interested motives. But,
however much I may feel inclined, by
giving the bill my assent, to repel such
imputations, I must in this, as in all my
official actions, be guided by my judg
ment, rather than my pride.
Indeed, it cannot but occur to every
thinking man, that if the Constitution
authorizes so unseemly a proceeding as
that presented by the bill under consid
eration, in which the Executive of the
State is called upon to sit in solemn
judgment upon tne question of the pro
priety or impropriety of terminating his
own official existence, the Constitution is,
in this respect at least, anomalous. It is
a settled rule, both of law and of com
mon sense, that no man should
he compelled or permitted to sit in judg
ment upon his own rights—not only be
cause the selfishness of human nature
loads one to judge in his own favor, but
because a proud man would prefer to sac
rifice his own rights rather than subject
himself to the suspicions of ungenerous
critics. Iu so important a law as that
now proposed, the people are entitled to
the free judgment of both the Legisla
ture and the Executive.
Nothing is more carefully guarded
against in the Constitution than the hap
pening of a contingency in which a pub
lic officer shall become personally inter
ested in tbe exercise of the duties of his
office. If the Governor be impeached,
even the President of the Senate is, upon
the trial, to vacate his seat, since, if con
viction takes place, he becomes clothed
with tlie functions of Governor. The
Judges of the Supreme Court, if inter
ested iu a case before them, are tempora
rily displaced by Circuit Judges selected
by tbe Governor. If a case arise in
which a Judge of tbe Superior Court is
interested, the law provides that he shall
not preside; and, generally, by the Con
stitution and laws, by the rules of legis
lative bodies, and by common consent
of all publicists, it is, as I have said, a
settled rule that no one shall be permit
ted, or compelled, to exercise his public
functions in a matter directly involving
his own interests. Were the duty im
posed a mere ministerial one, in which I
was called upon simply to do an act, in
which I was not bound by my oath of
office to exercise my judgment, the case
would be different.
I have said thus much because I can
not but feel that the General Assembly,
in tbe passage of this bill, has not fully
considered the position in which it places
myself; and because I cannot think so
strange an anomaly as its presentation to
me for my signature was ever contempla
ted in the Constitution of the State.
The Constitution, Art. 4, Sec. 1, Par.
4, is as follows:
“In case of the death, resignation or disability of
the Governor, the President of the Senate shall ex
ercise the Executive powers of the Government un
til such disability be removed, or a successor is
elected and qualified; and in case of the death, res
ignation or disability of the Presldentof the Senate,
the Speaker of the House of Representatives shall
exercise tho Executive powers of the Government,
until tho removal of the disability or the elec
tion and qualification of a Governor. The General
Assembly shall have power to provide 6y law for fin
ing unexpired terms by a special election.”
Without doubt, it is upon the last
sentence of this quotation from the Con
stitution, that this bill is founded.
The bill is entitled, “An Act to provide
for a special election for Governor, to fill
the unexpired term of Rufus B. Bullock,
late Governor, and for (other purposes.”
It provides that an election shall be held
on a fixed day, to-wit, the third Tuesday
in December, eighteen hundred and sev
enty one, for that purpose.
In my judgment, the danse of the
Constitution referred to, does not author
ize or justify such a law. The language
is, “The General Assembly shall have
power to provide by laio for filling unex
pired terms by a special election.”
It was contemplated that the General
Assembly should provide by a general
law, not for filling a particular unexpired
term, but for filling unexpired terms gen
erally. No man can read this language
of the Constitution, without feeling that
it is a very strained construction, to say
the least of it, to hold that it authorizes a
special law for a special case. The lan
guage is unsuited to such an idea. The
word terms indicates clearly that a
general law is meant, passed in view of
the general public good, and looking to
future vacancies, and not to one that has
already occurred. The action now taken
can only be called a law by courtesy. It
is rather an order than law, as is indi
cated by the constant use. of .that term
when speaking of it in common conver
sation. It does not provide for future
events, but for one past event.
Upon tbe resignation of Gov. Bullock,
I was informed thereof by the Secretary
of State, and on the 30th day of October
of tbis year, in pursuance of Section 127
of tbe Code of Georgia, I appeared at
the Capitol and took the oath of office,
and the same was entered upon the min
utes of Executive office, as required by
the Section of the Code jnst cited. That
oath was in these words, as prescribed
by tbe Constitution: “I do solemnly
swear that I will faithfully execute the
office of Governor of the State of Georgia,
and will, to the best of my ability, pre
serve, protect and defend the Constitu
tion thereof, and of the United States of
America.”
At the time I took said oath there was
no law in this State for filling unexpire '■
Gubernatorial terms by a special election.
The Constitution was tbe only law. That
conferred the office upon the President
of the Senate until the regular election
for a Governor in the mode, and at the
time therein provided.
Is it contemplated for the General As
sembly, uuder the clause authorizing it
to provide by • law for filling unexpired
terms, to order an election by a special
act, to fill a term.already filled according
to the Constitution?
Section 26 of Article 1 of the Consti
tution provides that laws shall have a
general operation, and no general law
affecting private rights shall be varied in
any particular ease by special legislation,
except with the free consent in writing
of all persons to be affected thereby.
At the time Governor Bullock resigned
and the oath to “execute the office of
Governor of the State of Georgia,” was
administered to me, it was the general
law that the President of the Senate
should exercise the duties of Governor
until the regular election, and it is not
competent for the General Assembly, by
a special law, to vary this general law so
as to affect a case occurring before tbe en
actment; nor is there any significance in
this argument in the use of the words
“special election” in the clause referred
to. The Constitution, in Article 2, Sec
tion 11, provides that the election of
Governor, members of Congress and of
the General Assembly, shall be held at
the same time, to-wit: on the Tuesday
after the first Monday in November.—
The election of a Governor is also pro
vided in Article 4, Section 1, Para
graph 2, of the Constitution, to be held
on the Tuesday after the first Monday, in
November quadrennially, at the places
for bolding general elections.
Any election to fill an unexpired term
must necessarily, though provided for
by a general law for all such cases, be a
“special election,” since it is held at a
different time from the “general elec
tion,” to-wit: sometime regulated by law
for filling unexpired terms.
Had the intent been to authorize the
General Assembly to provide for filling a
particular unexpired term after it had oc
curred, it seems to me that the language
used would have been very different.
The Constitution would have said: “The
General Assembly shall have power, by
special law, to provide for filling an un
expired term by a special election.”
A power to provide by law for filling
unexpired terms by a special election,
necessarily involves a general survey of
such cases, and especially does it involve
the free exercise of judgment by the
Legislature and by the Governor. This
free judgment cannot be had in a special
law for a special case when the passage
of it involves the official existence of the
Executive. He can give no free judg
ment in the matter, since he is necessa
rily interested in the event.
No proper provision can be made by
law for such a case after the occasion has
arisen, because one of the elements of
every law—the free judgment; of the Ex
ecutive upon its propriety—cannot be
obtained; and because its passage in
volves the violation of that clause of the
Bill of Rights, which prohibits tbe vary
ing of a general law by special enact
ment, when private rights are thereby to
be affected.
Another objection to the constitution
ality of this bill is drawn from the pro
visions of Art. 4, Sec. 1, Par. 2, of the
Constitution. This paragraph is in these
words:
“After the first election, the Governor
shall be elected quadrennially by the
persons qualified to vote for members of
the General Assembly on tbe Tuesday
after tbe first Monday in November un
til such time be altered by law, which
election shall be held at tbe places of
holding general elections in the several
counties of this State in the same manner
as is prescribed for tbe election of mem
bers of the General Assembly. The re
turns for every election of Governor, af
ter the first, shall be sealed up by the
managers separately from other returns,
and directed to the President of the Sen
ate and Speaker of the House of Repre
sentatives, and transmitted to His Excel
lency, the Governor, or the person exer
cising the duties of Governor for the
time being, who shall, without opening
the said returns, cause the same to be
laid before the Senate- on tho day
after the two Houses shall have been or
ganized; and they shall be transmitted by
the Senate to the House of Representa
tives. The members of each branch of
the General Assembly shall convene in
tbe Representative Hall, and the Presi
dent of the Senate and the Speaker of
the House of Representatives shall open
and publish the returns in the presence
of the General Assembly, and the person
having the majority of the whole num
ber of votes given shall be declared duly
elected Governor of this State; but if no
person have such majority, then from tbe
two persons having the highest number
of votes, who shall be in life, and shall
not decline an election at the time ap
pointed for the Legislature to elect, the
General Assembly shall immediately elect
a Governor viva voce; and in all cases of
election of a Governor by the General
Assembly, a majority of the votes of the
members present shall be necessary fora
choice. Contested elections shall be de
termined by both Houses of the General
Assembly in such manner as shall be pre
scribed bylaw.”
I am aware of the claim that these pro
visions do not apply to spepial elections
to fill unexpired terms, since it is con
tended the power to provide by law for
filling such terms includes the mode by
which the result of those elections shall
be ascertained and disclosed. But noth
ing is more clear to my mind than that
all parts of the Constitution are to be
construed together; that no part thereof
is to be ignored. It will hardly be con
tended that this power to provide by law
for filling unexpired terms is to be con
strued as though it stood alon e. May the
General Assembly, in tbe exercise of this
power, say who shall vote at the election,
who should be eligible to the office, who
shall open the returns, declare the result,
and decide the controversy, if there be
no majority, or if the election be con
tested ?
It seems to me that tbe clause confer
ring the power to provide, by law, for
filling unexpired terms by “special elec
tion” is to be read and understood with
this qualification: That the General As
sembly in the exercise of the power is to
be restrained and contracted by another
part of the Constitution applicable to
the matter. As the Constitution fixes
the qualifications of voters, the eligibili
ty of candidates, and the mode of trans
mitting and opening the returns and de
claring the result; as it provides that the
person elected shall have a majority of all
the votes cast; and what shall happen if
no one receives that majority; and also
provides what body shall decide
the controversy if there be
contested election; as all these things
are provided for in detail in the Consti
tution, and are by the express words used
declared to apply to every election for
Governor, it is a very unfair construc
tion to say that they apply oply to the
regular quadrennial election, and not to
the special elections to be provided for
by law for filling unexpired terms.
The true rule of construction would
be, as I think, that every provision in
this paragraph not positively inc onsis-
tent with the clause authorizing the
General Assembly to provide by Jaw for
filling unexpired terms, is intended to
apply to the case of special elections.
There is the same necessity for all these
provisions in one case as in the other;
and I can see no reason for them in the
case of a general election, that does not
apply equally to special elections.
In this way only can all parts of the
Constitution be made to stand.
The paragraph I have quoted requires
the returns of every election to be trans
mitted to the Senate on the next day af
ter the organization of the two Houses.
The two Houses are organized twice in
every four years—once with the incoming
regularly elected Governor, and once two
years thereafter. A special election may
be held, and the returns transmitted to
the Senate as provided by the Constitution,
on the next day after the two Houses
shall have been organized, only if a va
cancy shall happen during the first two
years of the quadrennial term. Here is
a solemn provision of the Constitution
What right has any one to say that it is
to be ignored, especially in a case in
which it can be obeyed to the letter, and
the power to provide by law for the fill
ing of unexpired terms still exists ?
True, the power will be much restrict
ed, as it will be confined only to such un
expired terms as happen within the first
two years of the quadrennial term; but
if the Constitution can be obeyed in no
other way, the conclusion is irresistible
that such was the intention of the framers
of that instrument.
A brief sketch of the history of this
clause for filling unexpired terms will in
dicate that this was the probable meaning
of those who introduced it.
The Gubernatorial term had long been
but two years. The mode of making the
returns, declaring the result, etc., was a
part of the old Constitution, and was in
harmony with the term of office pre
scribed. It harmonized with the election,
and meeting, and organization of the
General Assembly. Under previous
Constitutions there was no power to pro
vide by law for filling unexpired terms
by a special election. The term being
but two years, it was not thought neces
sary to have an election in case of a va
cancy.
The Constitution of 1868 extended the
term to four years, and this clause was
added—no change being made in tbe
mode of transmitting and opening the
returns for the simple reason that it was
not intended there should be a special
election, unless the vacancy occurred
within the first two years of the quad
rennial term, so that the returns could
be transmitted to the Senate on the next
day after the organization of the two
Houses elected at the end of the two
years from the commencement of the
quadrennial term.
There was, too, an obvious propriety
in having this limitation of the power
granted to stand. For whilst there was
great reason for having a special election
by the people if the vacancy occurred
during the first two years, there was but
little ^reason for it, if the vacancy oc
curred during the last two. Besides, in
one case the vacancy could be filled, the
returns opened, thejresult declared and
and the Governor elect inauguarted at
the meeting of the General Assembly at
the regular time, whilst, in the other case,
a special session of the Legislature, with
all its attendant expenses, would be neces
sary.
This brings me to an objection to the
bill, based upon tbe great expense neces
sary for its execution. The regular elec
tion for a Governor occurs under the Con
stitution on the Tuesday after the first
Monday in November next, less than a
year from the time fixed by this bill for
the election.
Should the election contemplated by
this bill take place, the returns cm
hardly be made before the first day of
January, 1872, which leaves only about
ten months for the Governor to be
elected to serve.
It does not become me to say that the
duties of the office can be as well per
formed by the present incumbent, but it
cannot escape the reflection of any man,
that the expense of the election, and
more especially the expense of a special
session of the Legislature to receive the
returns, declare the result and inaugu
rate the new Governor, will be a large
item, and ought only to be incurred for
some very necessary and pressing exi
gency.
Sbonld the present session be protracted
till that time, it cannot be done at a less
expense than one hundred thousand dol
lars; and should it adjourn to meet again
—say by the second Monday in January
—the expenses of mileage and pay of
members and officers for the extra ses
sion cannot be less than one hundred
and fifty thousand dollars, if tbe entire
session continue only for a few days,
which is not at all probable.
To incur so great an expense in the
present embarrassed condition of the fi
nances of the State for the single
pose of changing, for a few SIX'
the incumbent of the Executive ChS?
might, it is true, under some chcum.
stances, be a public necessity, but I mav
be pardoned for saying that, in my C j
rnent, such a necessity does not now of'
In loolang more closely to the bill un
der consideration, I perceive that it h
based entirely upon the idea I have en
deayored to combat. It takes for gran?'
ed that the detailed provisions of the
Constitution for making, transmitting
opening and counting the returns, &£'
&c do not apply to special elections
and the bill, therefore, purports to nm’
vule for said details, Stag C
such proceedmgs shall be had as is urn
vided in Article 4, Section lplS
3, of the Constitution, in case of^S
lar election for Governor. re ^ u '
I assume that this provision would not
have been m the bill, unless the Geneml
Assembly was fully satisfied that these
provisions of the Constitution did not
apply to the caseof a special election; and
that without a special adoption or re-en
actment of them fora special election
there would be no law at all to provide
for the ease. I present for your conside
ration another objection to the bill pre
sented for my signature. 1
By some strange mistake, only noticed
by myself since the body of this mes
sage was written, aud therefore too late
to call atention to it in time for its reme
dy, it will lie seen that the reference in
the bill is to Ar t. 4, Sec. 1, Par. three of
the Constitution. That paragraph pro
vides not for making, transmitting and
opening the returns and dedaring the result
but fixes who shall be. ineligible to the office.
If this bill were to be signed by me, the
anomalous case would present itself of a
law’ to elect a Governor with no provis
ion for a tribunal to open the returns,
declare the result and announce the
same.
Should Art. 4. Sec. 1, Par. two of the
Constitution, apply to tke case, the law
would be, that the returns are to be
transmitted to the Senate on the day after
the two Houses shall have been organized.
This, it is impossible to do, as the two
Houses cannot be organized until after
the Tuesday after the first Monday in
November, 1872, at which time the regu
lar quadrennial election for Governor
takes place.
For these reasons I refuse to sanction
tlie bill, and respectfully return it.
Benjamin Conley, Governor.
»-•-«
The Triumph.
We rejoice, and the people of the State
will breathe freer. The spell and the
power of Radicalism is broken. The
passage of the Election Bill over Acting
Governor Conley’s veto is a signal vic
tory—a complete routing of the enemy-
horse, foot and dragoons.
A SUGGESTION.
Tlie Time for Klecting u Governor,Mem.
lieis of Congress ami tlie Legislature
&e., Shoulii be Clinnged.
For fifty years before Radical bayo
net rule was forcibly fastened upon us,
our general election for Governor and
members of Congress and the Legisla
ture, was held about the first October;
and the Legislature usually met early in
November. This arrangement was con-,
venient to all classes—the people to at
tend the elections, and the Legislature to
meet, attend to all necessary legislation
and return home by Christmas—seldom
remaining in session longer than forty or
fifty days. Since the Radicals have
changed the time of holding the elec
tion, and the meeting of the Legislature,
the sessions have been two, three or four
months each.
We'respectfully suggest that the pres
ent is an auspicious time to give us tke
same old election day, and restore short
annual sessions of the Legislature.
The present Constitution fixes the
general election on Tuesday after tbe
first Monday in November, every second
year, and the assembling of the Legisla
ture on the second Wednesday in Janu
ary; but the Legislature has power to
change the time of the election and its
own meeting.
The first Legislature under'(the neff
Constitution met in July, 1868, and re
mained in session till October. It met
again in January, 1869, and remained in
session two or three months; and again
in January, 1870, and continued till late
in October.
The proper time for the meeting of the
present Legislature, under the Constitn-1
tion, was the 11th of January last—ten f
months ago; but Bullock and Blodgett
and Benj. Conley and the Radical Legis-fjp
lature, with the intention of putting
Blodgett in the United States Senate!
and also, of keeping themselves in power;
as long as possible, passed an act chang
iug the meeting of the Legislature, thei 1
elected, to the present time. This Radi
cal crew are in favor of prolongation
they cling to office with the tenacity d
hungry leeches, and they have never dose I
any good for the country, but only eriJ, f
and that continually.
If the word “annually,” in the Const!’
lntion, designating the meeting of tke .
Legislature, be literally construed, we do (
not see how the present Legislature can .
meet again, in annual session after it a ^ -
jpurus sine die, sooner than the fi rs!
Wednesday iu November, 1872—the daj
after the terms of all the present mem
bers of the House and half of the Sen-ati j
will have expired, and after the uexteiec
tion will have been held.
It seems to us that it would be well t
have the General election on the fir 5,
Wednesday in October, 1872, and everj.
second year thereafter—the Legislate j
to meet tho first Wednesday in Nove^
ber every year; and the election for cos-
ty officers to take place the first Wedm-
day iu January, every two years.
Y\ T e respectfully make these sugo^
tions, believing the public good will
promoted'by adopting them.