Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-03-07
Vacancies that Happen.

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We had been disposed to accept MIR.
HILLS view Of the constitutional pro-
vision. empowering the Governors Of
States to fiji vacancies happening in the
United States Senate during q recess of
. legislature, and TO hold that the word
happen " as used in the Federal Con-
stitutiou means, "happen 10 exist y;
but we have had our opinion somewhat
modified by what has recently taken
place in Illinois and Oregon.
In Oregon the Legislature for weeks
or months daily balloted for United
States senator up TO the day on which
the Constitution ended the term of that
body. the members well knowing all
the while that their term would expire
Just when il did, and preferring TO
throw the appointment of senator
into the hands OF the Governor rather
than to acquiesce or aid in the election
Of any one Of the candidates.
Let it be conceded that such tactics
are allowable, and that the United
States Senate will admit person claim
ing to be senator who has been chosen
under such circumstances, and it will
not be long before in any and every
Legislature the friends Of particular
aspirant known to be the Governors
fa,orite will filibuster to the end. as
did the malcontents in Oregon.
II would be offering premium for
iiiibustering and disorder and stubborn
minorities, should the United States
Senate set the seal of its appreciation
upon such conduct as characterized the
proceedings Of the Legislature of Oregon
throughout its recent session, or such
conduct as has characterized the sitting
Legislature Of Illinois up to this time.
II the present Governor of Ore
son were Democrat, and were
to appoint Democrat to fill the
vacancy occasioned by the expira-
tion Of the term of Mr.. SLATER, the
Republicans in and out Of the United
States Senate would see the matter in
its true light. The Legislature Of Ore
gon is Republican by large majority,
and it is to be presumed that the men,
bers Of it were chosen by the people to
perform. among its other duties, the
duty Of elccting Republican to the
United States Senate to represent the
views and wishes of Republican con-
stituency. This latest expression Of
the will of the people Of that State was
treated with contempt by the Legisla-
tire.
Would it be right for Democratic
Governor TO appoint Democratic
United States senator from Oregon
under such circumstances Would it
be right for Republican Governor
10 appoint a Republican senator
under similar circumstances, the differ
encc being that a Democratic Legisla-
tuie had failed to do its duty? If not,
the question is settled against the right
Of a Governor to fill any foreSeen and
foresnown vacancy.
The question is an old one, and has
at different times been decided by the |
United States Senate in different ways |
The question came before, and was ar
gucd in, the United States Senate in
1875, when Mr.. LANHAM, Of Connec-
ticut, whose term had expired by consti-
tntional limitation and who had not been
reelected by the Legislature, presented
the credentialsof disappointment by the
Governor. The Senate selected COM
mittee to hunt up prccedents. This
reported that four cases SINH
lar 20 that Of Mr.. LANIIAM had come
before the Senate in previous years, and |
that in three of them the appointees Of
the Governor had been seated without |
question, and in the fourth the appointee
had been seated by a vote Of thirteen to
ten after debate. These -prccedcnts
were not satisfactory to the Senate.
which. after considering Mr.. Lam
HAMS case fully. as stated above, re-
fused by vote Of twcnty-thrce to
eighteen to seat him.
Ever since 1926 the United States
senate has, we think, followed the pre-
eedent in the LANHAM case except in
thc New Hampshire case, which We
have mentioned several times hereto
fore.
The probability is that the course
purssed by the Legislatures Of Illinois
and Oregon win cause the United States
Senate to regard the decision in the
iANRAh case as precedent not here
after to be departed from.
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