624 JOURNAL OF PROCEEDINGS [Mar. 9,

the General Assembly may not intervene before the
election whenever ordered by the President of the
Senate or by the Governor can lawfully be held to fill
the vacancy, the election must be postponed until the
next general election for Senators and Delegates. The
Sheriff: is prohibited by the Code (Article 33, section
90), as well as by the Constitution (Article 3, section 13),
from giving less than ten days notice. And section

[See page image for text]

3. The Australian Ballot Act will apply to any elec-
tion that may be held, but inasmuch as under its pro-
visions no valid election can be held before the expi-
ration of the present session, the Constitution controls
the case and the vacancy is not to be filled until the
general election in November. 1893.