Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-03-10
AT THE CAPITOL TO-DAY.
SPECIAL SESSION OF THE SENATE
THE CASE OF MIR. BLAIR DISCUSSED.

AAoiAA euc governor OF Arizona, asking Tue
appointment of fourth judge of the q. s. dis
trict court. Referred to the judiciary commit.
tee 4.
The resolution offered yesterday by MI. Hoar
that Henry w. Blair be sworn In as Senator
10 MI vacancy was taken up.
MI: vest reaf1rmed the opinions expressed
by him when the Bell case was under discus
sion upon the power of the executive of a state
TO appoint Senator. He held that the vacancy
which which came within the provision of the Consti
tuition relating to this subject was not one
occurring in the regular course ofevents by the
expiration of term, but was one related to the
personal circumstances of the Senator by whose
retirement vacancy was made.
. he discussed the provisions Of the COnstitu-
li. .lon ana quoted precedents in support of his
Up to 1873 not decision had been made
which hi, was not in accordance with his position.
, The Lanman case had been admitted during
the discussion of the right of Mr.. Bell to a seat
by Weighty authorities on the republican side,
kind.
+o Mr.; Hoar did not think it would be profitable
this question opened. The Senate would, he
thought rest its action upon the authority of
the Bell precedent. If a legislative body could
bound itself in that case. 1t was established,
after full discussion by great lawyers, and the
decision was non-partisan. The great debaters
who differed from the majority put forth their
best efforts, rendering it certain that the deci-
sion was made in full view Of all that had bear
ing on the subject. The people of New Hamp-
shire mad governed themselves accordingly.
Should that decision be reversed the people of
New Hampshire and other states would be COM
time, according to the changing majorities or
opinions of the Senate. The controlling pro-
vision of the constitution was that which de-
clared that the several states should have an
equal right and authority in the Senate. Such
was not the case when there a single va
cancy. In order that states might be equally
represented the provision was made that when
vacancies should happen by resignation or
otherwise during the vacancy of the legislature
% toto how,
appoint. The provision in regarding the filling
OF executive office by the President during the
recess of the Senate similar in character.
Mr.. Vest held that the two provisions were not
analogous. The first related to vacancies which
should happen by resignation or otherwise"
In the matter of vacancies in executive offices,
the words "by resignation or otherwise were
omitted.
Mr.. Hoar asked if vacancies could happen
except 'by resignation otherwise"
MI Vest thought So The trainers of the Con-
stltution put in no word which did not have a
meaning. He held that the words 'Sby resigna.
ton or otherwise" plainly meant by some cas-
uaity or accident. such as death orresignation,
and that they were in antagonism to the expi-
ration by operation of law.
MIR. Hoar held that if Mr. Vests interpreta-
@ 1lon was vas correct the phraseology would have
tlnulng his remarks he referred to precedents
and held that in the Lanman case there was q
clear objection. The debates were not published.
Lanman, was for the clear and indisputable
reason that the governor had made the appoint
menu before the vacancy existed.
MIR. Vest said that in proof that the Lanman
case was construed by the Senate as he argued,
there had been no less than eight decisions of
the Senate since 1925 in accordance with the
precedent, and vacancies of from one to two
years had existed in accordance with it.
Mr. salisbury said he could not vote to seat
Mr. Blair. Senators who had read the proceed
lngs in the Lanman case in 1925 knew that this
very question now before the Senate had been
discussed on that occasion.
"Happen" was held to be the governing
word in the constitutional provision, as 1t al
ways implied contingency. The Senator from
Massachusetts, seemed to think that the decis-
ion IN the Lanmtn case hinged alone upon the
right OF a governor to appoint to vacancy for
full term before the vacancy existed He
read from the authorities to show that the ele-
ments of the pending were discussed in
connection with the Lanman case.
The legislature of New Hampshire at its last
session had neglected its duty, and now the
question was as to he governors right to fill a
vacancy. Were all the precedents and author
tiles to be overruled by a single act of the SEN
ate at time when party spirit ran high
when the republicans were in the minority
when, as he had reason to know, votes were
given in support of Mr.. Bell for expediencv and
not because the law in the case was in his favor
The debate was in progress when the report
closed.
The Senate Committees.
THE DEMOCRATS HAVE AGREED UPON THEIR
PRoGRAM-THE REPUBLICANS WILL NOT DO
so UNTIL ACKNOWLEDGEMENTS AND
CERTAIN CHANGES.
The republican senators are not yet ready
Their caucus committee has been working
diligently, but there has been q good deal of
rivalry for some of the most important places
The reconstruction of the committees in the
Senate is based upon the order prevailing in the
last preceding session. y regular rule of pro-
motion is Observed, and many of the commit
tees will remain-with the exception of new
Senators being substituted for their predeces-
sors-about as they were at the last session.
Mr.. HOar was second on the committee on claims
chairman. AS Mr. Hoar is chairman of the
committee on elections he will probably retain
that, and MIR. Pike will take the chairlnanship
of claims Mr.. Sewell may take the chairman
ship OF the committee on fisheries. Mr.. Malone
may get the chairmanship of the post office
committee, COM En-, Senator Harrison or Senator
committee. Senator Blair, who comes in by
appointment of the governor of New Hamp-
shire, will probably be permitted to get his old
chairmanship OF the committee on education
and labor.
The democrats have completed their arrange
ment. Senators Vest, Coke and Harris are to
succeed Messrs. Garland, Bayard and Lamar on
the Judiciary committee. Senator Vance will
90 on the finance committee in place of Mr..
Bayard. Senator Ransom will succeed Mr..
Bayard as chairman of the committee on pri-
yate a land claims, and Senator German will
committee on Potomac river front. Senator
Kenna will go on the commerce committee
The republicans will not be able, they saw to
report the committees before tomorrow
The republican caucus committee are endeay.
Orlng to re-arrange the committees so as to
meet a demand for a more equitable distribu-
ton of important places. There is no little COM
plant among the Senators that a few enjoy
sort of monopoly of the best committees For
instance, it is pointed out that. Mr.. Edmunds is
chairman of the Judiciary committee, is on for
eign relations, also on private land claims and
was president pro tempore, with almost q GER
tainty that he will be reelected to that position
Senator Hoar is chairman of the elections com
mittee, has place on the judiciary, on
claims and on patents. Senator Sherman is ON
finance, foreign relations, privileges and elections
and is chairman of the library committee Mr.,
Morrill, is chairman of the finance committee
tee on additional accommodations for the lib
rary. Mr.. Dawes is chairman of Indian affairs
is on appropriations, fish and fisheries and civil
service and retrenchment. Others of the older
Senators hold, besides chairmanships, places on
some of the leading committees and Senators
length of service are protesting against the ar
rangement that has hitherto existed. There is
a determined effort being made to distribute
he best pl aces more generally.
Capitol Topics.
REPORT ON REPRESENTATIVE RoB1NsoN's PAY
ACCOUNT.
The committee on privileges and elections
have adopted and filed report on the question
of the pay claimed by Gen. Robinson at pres
ent secretary OF state of Ohio, as a member of
the House, after he had entered upon the dis
charge of his official duties in Ohio. This uues-
ton was raised in the House during the recent
session. On the 10Th of January last the claim
was made that Robinson should have his nav
for the session. On the 2Sth of that month
Representative Paige, of Ohio, had, by resolu.
tion, the subject referred to the committee on
privileges and elections for investigation. The
cOnmiftae have since the adiOurnToen NJ Cr,,.