at all for the qualification of the first gover-
nor elected under this constitution; so that
he may qualify at any time during the three
years for which he was elected.
Mr, SANDS. Certainly; it will meet that
difficulty.
Mr. MILLER. I would suggest to the gen-
tleman from Howard (Mr. Sands) that the
better way would be to strike out the portion
of the section he first proposed to strike out
—that is, all after the word " prescribed,"
and insert before the word " qualify " the
words " before he enters upon the discharge
of the duties of his office." That will meet
all cases.
Mr. PUGH. I would suggest that the sec-
tion as it stands, it seems to me, will cover
the whole ground. For it says the person
having the highest number of votes, "and
being constitutionally eligible." Now this
governor first elected is by the express pro-
visions of this constitution not eligible until
the term of the present incumbent shall have
expired.
Mr. MILLER. The gentleman is mistaken
about his not being "eligible.' '
Mr. PUGH, I know that is an ambiguous
term, but I think that is the meaning of those
words. And even if this was not so, this
first governor cannot by any possibility en-
ter upon the discharge of his duties constitu-
tionally until the term of the present incum-
bent has expired. I do not know but what
there is a way of explaining this thing, but
it has not been suggested yet.
Mr. VALLIANT. Is not the eligibility of the
governor prescribed in the fifth section of"
this report, as follows?
"Sec. 5. A person to be eligible to the
office of governor must have attained the
age of thirty years, and been for five years a
citizen of the United States, and for five
years next preceding his election a resident of
the State."
Mr. PUGH. I know that is the meaning of
the term "eligible" as generally used. But
I have no doubt at all it is the word "eligi-
ble" that makes the whole thing ambiguous.
And I halve no doubt that the com-
mittee intended these words to cover the case
of the first governor. The amendment of
the gentleman from Howard (Mr. Sands)
does not meet the. whole case; if it did
should be in favor of it. It does not provide
the time when the first governor shall qualify.
For the pake only of making the section
clear, which it is not now, I admit that it
should be amended.
Mr. STOCKBRIDGE. It seems to me the first
section is free from ambiguity as it stands.
It provides when the first governor under
this constitution shall be chosen, and then it
provides that be " shall not enter upon the
discharge of the duties of the office until the
expiration of the term for which the present
incumbent was elected, unless the said office |
shall become vacant by death, resignation,
removal from the State or other disqualifica-
tion of the said incumbent." You fix when
he is to enter upon his duties, and then in
the third section the general provision is put
in that the governor, each one of them elected,
"shall qualify in the manner herein pre-
scribed, on the second Wednesday of Janu-
ary next ensuing his election, or as soon
thereafter as may be practicable." Entering
upon the discharge of his duties not until a
year after be is elected, if it is not practica-
ble for him to qualify the January next en-
suing his election, he will qualify when it is
practicable. If a vacancy occurs he will
qualify sooner; if not, then he will qualify at
the end of the year.
The PRESIDENT, The eligibility has no ap-
plication to the time when he enters upon
the duties of his office.
Mr. TODD. Suppose there is no session of
the legislature a year after his election. We
have provided, I believe, for biennial ses-
sions of the legislature.
Mr. SANDS. I offered the amendment I did,
instead of the motion to strike out, which 1
first indicated, tor the reason that I thought
that under certain circumstances it would
approach more nearly the views of gentle-
men than the other motion. I do not care
to insist upon the amendment and will with-
draw it.
No amendment was offered to section
three,
Section four was then read as follows:
"Sec. 4. If two or more persons shall
have the highest and am equal number of
votes, one of them shall be chosen governor
by the senate and house of delegates; and
all questions in relation to the eligibility of
governor, and to the returns of said election,
and to the number and legality of votes
therein given, shall be determined by the
house of delegates. And if the person or
persons having the highest number of votes
beineligible, the governor shall bechosen by
the senate and house of delegates. Every
election of governor by the legislature shall
be determined by a joint majority of the
senate and house of delegates, and the vote
shall be taken viva voce. But if two or more
persons shall have the highest and an equal
number of votes, then a second vote shall be
taken, which shall beconfined to the persons
having an equal number; and if the votes
should be again equal, then the election of
governor shall be determined by lot between
those who shall have the highest and an
equal number on the first vote."
No amendment was offered to section
four.
Section five was then read as follows :
"Sec. 5. A person to be eligible to the
office of governor must have attained the age
of thirty years, and been for five years &
citizen of the United States, and for five |
