New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-04-04
XLVIrH CONGRESSES SESSION.

| REGULAR REPORT OF PROCEEDINGS.
THE REPORTS on SENATOR BELLS ADMISSION
| STRONG SPEECHES PRO AND CON on TIL
ARMY BILL
SENATE. .WAsHINGToS. April g. 1879.
The following named bills were introduced
| In the Senate and reported to-day:
| Bv Mr.. SAUNDERS tRep. Neb.) Granting nome
steads ~ the sintce Indians IN Knox county NeD.
| Bv SIR TELLER Rep., Col)-Io provide ior dlSpo
| sition Of the public lands. .,,.o a.,
| By Mr.. VOORHEES, Dem, 1ndl-Io authorize w
President t. appoint james Shle as on ~ ssoui' s
| adier-Genera IN the Army on the retired list. a.,
By Mr.. WALKER dem. ARR. 10 carry lnIo enc
the tenth article OF the treaty with the PotiaWatome
! Indians OF 1867.
| MI KIRKwOoD rep. Iowa. was appointed mem
Der Of the Committee on Pensions, in the place OF Mr
| Bruce, who declined such service.
The Senate proceeded 10 the consideration or the NOW
HAMPSHIRE Senatorial election The report Of the
majority Of the Committee on Privileges and Elections
was read II says that the claimant TO seat In tht
mon The fact thai p term filed by the Legislature OF
Eew-Hampshre had become vacant during recess OF
! Executive claims the right TO make tempo
/ rsry appointment at the beginning or a term
| I'm. The committec cannot find in the Constitu-
ton any sufficient warrant for TINS cIhim ne
the conclusion that the vacancy ocoasonfd by me Tx
rraton Of the term OF senator Wndeigh cannot ne
ed bv Executive appointment and, therefore, report
| thr following rcsOutOn and recommend its passage:
ReSOlred That the Hon. Charles H. Bel Il not en-
titled 10 SCAT senator bY virtue OF ne appoint
| ment by The Executive Of New-Hampshirep
the report is signed by Dir; salisbury tlem D,Ll'
Mr. IIiu a.. ~. Ga }. Nj Bailey Dem, Teunl, Mr.
| herman (Dru.. " y, Mr.. Houston Dem, Aa.l aud
N The minority Of the Committee on Privileges and
Elections GIVING their yows, say tho purpose of tho
GW mi f. ,bc interest not merely OF the state whose
rlcrt 10 elect u question: nut OF the Whole country
Tor WHOM lbc senator - W ics''ihtc'lu "HI I ~
meet The case ~ vacancy happening IN thc recess
90 Tho state legislature the Constitution clothes the
10 I.
The purpose to keen the representation or the state
- mi rccurrc5 the construction which authorizes
such appointment. when The vacancy happens az Inc
begiuuing o. q term much "a n II happened n any
otLcr time Tie authority OF the Governor is 10 ap-
poiut until the next meeting Oi the Legislature,
literally fruCd, would require the senator
arnotcd 10 yacae hi, seat on the day he Legislature
met Yet the senate, IN iurthcrance of the controlling
the COugtitutlpn-fhAt the place rLdll Dc
iiynvs fi!-las u,iformly held that the senator so
atnint If retains b.. unIl the Legislature choose
his successor aliDurnS without making a cholcr.
The authority TO appoint vested In the Executive II
"a vacancy happen" There is no distinction Indicated
bet wccn vacancies which happen when the term begins
aud vacancies which happen later Tue E can be no
r. son suggested for such distinction II Is not the
ending the term, hut the absence from the once OF
any person authorized 10 I'LL II, 70 Whici the vera
"ha,,pen," which expresses contingency, Is applied
Bv line OF decisions unurokeH, with one possible e&-
ccptilr, 70 has been held that the Governor u au-
thoriz to fil vacancy existing az the beginning OF
senatorial term. The minority submits that the
ioyi the purpose of the trainers OF the Constitution
meant to accom- .n The unbrokon current 81 decisions
in Ike casrG and the uniform construction gY@h 10 te
same language when used elsewhere IN the Constit-
ton bd u legislation IN ike cases, concur ~ support
ing tine Interpretation which establishes Nj. Belts
clam. -. -, -,
Aucr remarks from Mr. EDMUNDS (Rep.. Vt) and
Mr. III l. DEM Ga) on the Constitutional question in
voIvrd me further consideration of subject mo-
ton OF M SALISBURY Dem, Deli, was postponed
uuul Ncuday.
MIR PADDOCK tRcp., Ncb) introduced Joint resolu-
tio 10 t AnrZr the appointment Of three Senators ana
tbrre Members the IIouse Of Representatives rs Il
Commission 10 devise plan for the rccOn irucon OF
tie Department OF Agriculture with view OF extending
lis cIuu and increasing It's efficiency, WI power
~ send for persons ana papers, ana TO report at tle
next session of Congress
PADDOCK also introduced mi TO establish
National Board Of Agriculture Referred TO the Commit
tee on Agriculture.
Mr. HEREFORD Dem, ". Val gave notice that on
Monday r woud cal up The resolution Of MI HOaT
dernnatory Of TIE mOcrauc policy, In order 10 ex
press bis views upon IL.
ami wncu the doors were reCpeued adjourned uniu
Monday.