Show Con klings inell ineligibility the Clev leand plain dealer has the following we have no doubt douht that all the papers above named when they examine the question carefully and take fake into oon eon consideration tile the fact that hat conking and hove howe are not now members me babers of the senate that passed the salary bill will come to a different dif din erent conclusion con elusion from that express expressed edw edY Ct eveland cleveland plain dealer tiie tile the plain dealer is mistaken in saying that Conklin gr and howe are not members of the senate that passed the salary bill the senate unlike the house of tives is a continuous body A congress has a term of two years and the members of the house are elected for the term of a congress and go out of office with it buta but a senate has no term of two or any other number of y years ears it was purposely constituted as a permanent body by the division of its members into classes so that one third may be chosen every second year 1 thus two thirds of the senate that voted upon the salary bill are still to be two thirds of that body but as there were numerous extensions of the ItI time lof senators by election reelection re the proportion of continuous membership is even greater As a matter of fact there are only fifteen changes in the seats of the severity four senators from the passage of the salary bill to this day in other words four fifths of the senate as it stood when the vote on the bill was taken and faur fifths of the senate as it stands today to day are made up of the same identical senators rochester union we think that it is the union that is mistaken and not the plain dealer the constitution says all the legislative powers herein grail granted led lod shall be vested in a congress gressom of the tile united states which shall consist of a senate and house of representatives while senators borsare are elected for six years each congress is limited to two years tile the forty second congress expired on the ath of march 1873 when the congress an entirely new now body was brought into existence that the senate is not a continuous body in the sense applicable to tb the present contingency is is evident from the fact that all business 0 oc by the senate on tile the ath of march when the congress ends does not as a matter of cou course M go over to the kew now senate as it would do if the senate was a coln coin continuous ti ll 11 body but has to be commenced de novo but this question has kotbin nothing g to do with the eligibility of mr conklin who is now serving a term different from that in which the emoluments of the chief justice was increased we were correct in 9 tating stating that in our opinion certain papers denying thip the eligibility of mr conkling when they examine the question carefully wl wiil will come to a din erent conclusion as is evident by the following bl lowing from the new york horld when a public journ albas fallen into a mistake it ia i more inore candid to make mahe a fra frank acknowledgment than to defend the error by hairsplitting ingenuity the post and several other journals hastily inferred that senators conkling and howe are ex excluded eluded from the vacant chief by the fact that they were members of congress when the salary of that office was raised overlook overlooking ilig 1116 the fact that their terms expired on the the ath of march That oversight completely invalidates the tile argument those senators are aro as constitutionally capable of receiving the appointment as if they had bad not been re elected for al another lother term cc the vord word gimels time is used in the prohibition hibl hibi I 1 tion instead of the word fprd term because senators and reprise representatives nta tives may be chosen for mere fractions of terms to fill casual vacancies ile pie s A senator elected to nil fill the remainder of a vacant term is exclude excluded il only from offices whose emoluments emo lumenta 8 I 1 have lav e been beed increased i during that me met a though although the thie increase I 1 n crease may i have been voted within the senatorial e lal lai term whose portion ho lie was wai elected to fligl fill j |