The daily union., 1854-02-07

appointed BY the executive of Maryland, not 10 Oil
vacancy which had 'happened" according to the terms
oil me Constitution, but to 90 into Office Gb into to com
mence term which had never been originally filled,
and which as shall contend now could only be filled
BY he eirelion OF the legislature !, 10 be con
ceded that the authority 10 term OF six
yeats, after the eii OF regular TERM is exclusively
vested III the State legislature.
! Samuel Smith held his upon this floor until Con-
gress met ~ May, 1900 He held his office until about
Jnne 1902 when extra session OF the legislature OF
| Maryland was called. He then wrote letter to the
President OF The Senate, stating the fact that he was 10
his seat ami was IN seal which had been hed by The
governor oil Maryland He stated also, that the legisa
ture OF his State bad met before his appointment, and ad
iourned without making an election SO far beg leave
TO FAY, the precedent would operate Ia favor OF the sit
ting memberthat is, il would be competent III the de-
cson involved IA the precedent may be regarded as hav-
ing been made BY the Senae for the governor 10 make
appointment after the adjournment Of the Legislature.
aud when that body had refused orborne 10 make an
elections and this TOO, upon the assumption that IN suc 4
slate OF things the governor could take upon himself all
The power that had belonged to- bat had mol been exer
cised by, the legislature,
The session OF the legislature Of Mary land in June.
1902 conllnued bnt Tor five day and the question then
submitted and the only question submitted, TO the Sem
ale, and anon which lis judgment was pronounced
whether Samuel Smith could hold under the executive
appointment 10 the end ol that session. and whether he
was lawfully IN his seat The session terminated alter
sitting OF five days, and Mr.. Smith out al the
end OF that session. not pre'endng TO hold any longer
under HE executive appointment. having held his seat
until The session OF the legislature, and no longer.
But maintain now, ana am sure that the precedenls
the authority OF which seems nov TO De regarded by the
4 Senate have established that samuel Smith did not
himself then present the true issue He did present
the issue. whether uDder the executive appointment 10
commence Term, he bad been hlling The seat consti-
tatonaly That question: was never presented 10 lte
Senate and take Il granted thai il it had been pre-
sened then, and lAe decision had been made, it has
since been made. would have been decided not only
that Mr.. Smith not enled 10 hold his seat during
the session OF the legislature, but would have been de-
temined thai. from The very begnnlnglom the 4th OF
March S09he had been holding his seat here wthou
thAr. III tha.h htl moi
be found bat The Secretary OF he Senate, with his usaa
industry and research, has found the letter, and put
my possession. and ask now thai IT be read
| Fac Secretary read the letef a, follows;
wAsHMaros, May 90. 1909.
sms The legislature Of Maryland having. their last
session. declined appoint senator represent thai
State in the Senate of the United SAFES from and after he
hitd day OF March o. The esen year. and the executive
oil the State having conferred TIE honor OF sp
ponsmeni, which, in conformity 10 The constitution was
limited ~ us Language 70 the next meesing OF The iegisla
Of MARYLAND, have slate you, Tor The iniUrma
lion of the s+nate, that hs meeting win take place the
hith DAY o. jgae a. BY the governors p'os,anaon W.
pleased lay this before the honorable the Senate io
he eImina'ion, as 10 me 9a snon @netne "a aPPo,n
State he 80 OF the United Staes, Will will no
mo hst day Of ms meeting q he ss.rsa, O
| 10 the Vice President of the United States.
/ Mr. BUTLER II wall be observed. MIR President
that Aif Smh did not make the question whether the
executive appointment originally gave hin right TO
Ii he had made that question, there could
have been bat one jadgment. according TO subsequent
preced.ns aud according To the common, obvious mean
i ing OF the constitution
Let to the facs OF thai case again before The
Seuaie IS called upon 10 pronounce judgment upon this
precedent The leg sa'ure OF Maryland commenced t-
sitting November, 1905 and adjourned previous TO the
81 Of March, 1902 without having elected senator
ptospecvely, whose term should commence on the 4th
of March. They forbofe from some cause 10 make the
election Alter their adjournment the executive inter
| posed aud made appointment under which hT Amlh
10 ibe Senate nn June, 1909, when he went out II
consequence o the expiration OF his office, sup
POSED, by the adjournment Of the legislature Then, 10
any point OF view, this precedent Will ia The honorable
gentleman from Vermont, though, If tue predicate OF The
original proposition established, that Mr. Smith bad
rgh 10 his seat in the frat place. would certainly BE-
authority in his fsyor but ths, point shall contest no
only upon peceden but upon the obvious reading OF tbs
constitution oil the Unlted States i the Senate bad sc
decided that point, Their jnigment would have heen Il
coulic with The decision made Ia the case OF kensey
i Johus, OF Delaware, IN 1893
Kensey Johns pFesenied his credentials 10 the Senate
and they disclosed the fact that The legislature oil Della
had and hal not filled the place. and the execu
tive undertook to oil after The adjournment OF the legs
latnre. BY strong vote the Senate decided That Mr.
Johns not entitled to seat, evidently on the around
that executive had right 10 substitute bus luncton'
4 tor those which belonged TO the legislature.
The tine that hear OF thus question. or oil any
one akin TO il, the OF Mr.. Urlah Tfscy o
Connecticut IN 1901 Mr Tracy calned that he had
right 10 commence term-l mean iuli cons,Iiu
iOna iermunder executive appointment, the egisla
lure not having made an election m anticipation Ih'
question was then discussed al some length, presume
hut assumed party character, aud, oy stflct party
vote, DIR. Tracy allowed 10 retain hs seat. Iha
precedent has not been followed but has since beer
repud,ated as authority all occasions calling for
consideration OF The question.
In 1915 Laamans case came up for consideration, IN
volviug both the questions Ia that case, alter very
fu debate. solemny decided thai was not com
petent for tie governor State 10 put member on hs
door the commencement OF q term In Other words
ii wa. decided that his power OF appointment could moi
be substituted for tie election OF the State legislature
Even such bad bee the decision The OF Ian
man. lake II tor granted that such would be, and must
necessarily De, the decision now.
Then, | conclude, with regard 10 the sitting member
that neither he any other person clam the right
OF taking seat here under executive appointment IN
case where II belongs alone aud exclusively 10 the
leg slaure to make election That certainty must be
tsIen Tor granted Then, far regards The prece.
dents kensey JohDss j. in cunfct with the ground
now taken by the sitting member 80 lar a. regards the
predicate, or essential qocsIion involved m Snnhs
case "a - oveuuled by authority OF the decision IN
regard 10 MIR Lanmau and ~ there were no pfsceieBls
upon the subject sl should bold that. according 10
thc obvious reading OF the constitution, The vacaney
which Is 70 happen according 10 the phase OF The con-
sluiion Is kIpd oil vacancy which exsls al toe
CONNIE eincnt o constitutional term assume, there
fore thai III in not competent The executive 10 maze
The app,in,msnt IL such unst luYoige elec
ton by the legislature assume this the predicate Oi
the whole OF my Argument ihe executive can haye no
original power to make senator, has authority v INIT
ted contingent, aud founded The Necessity ~ tue case
l ,acance- ygsn, sc, during the recess OF the leg~
laure OF any ale ine executive theeol mas make ten
oOrsry appointments usm he ms meeting OF Toe legs.
latute which shall theu M such vacancies" /"
Mr. Pfesident, need not 90 rey lar upon thai SUB.
isc Now let me pu tnls frop0sii0n: suppose ibe
STATE aier The adoption oi the federal consli