The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1885-03-20
CAN THE GovERN0a APPOINT A
SENATOR.

tors from each State chosen by the Leg.
islature thereof, aud il va.
cancies hoppen by resignation or o'her-
wise, during the recess of the Lsgisla-
ture of any State, the executive there
of may make temporary appointments
until the next meeting Of the Legisla-
ture which shall then fill such vacan.
cies." To the discussion Of the ques-
tious which have arisen under this
provision in tho Senate, three different
views have been taken
lst. That under IL the executive Of .
State can never I'll vacancy except for
an unex2ired term. That Is, ho can
not in any case Gil vacancy beginning
new term an was the case when Sena-
tor Slater retired the 4th inst.
2nd. That In no case can an execu-
tive appoint to Gil a vacancy at the
beginning of term where the Legisla-
ture has been in session and has failed,
neglected or refused to elect, as in the
present case IN Oregon.
Srd. That the Governor Of S ate in
authorized to ill all vscancies whether
they occu. at the begirning or middle
of term, or whether the Legislature
has attempted to elect or not IL ssems
that down to the year 1917 number
Of appointments were made BY State
executives To fill vacancies oecaAioned
by the expiration Of the term, and such
Senators were admitted without objec-
tiou or debate, though ir none Of these
cases does it appear that Legislature
had been in session and attempted or
neglected to elect.
But in 1925 The term of James Lam
man, Of Connecticut expired duiing q
recess ,f the Legislative assembly, and
the Governor OF that State appointed
him as his own successor, but he was
not admitted. Unfortunately, no
record of this debate has been kept, and
two reasons sre given Why be was not
admitted. One wac that the Governor
made the appointment few days prio,
to the expiration OF the term. Oi cour Sc
this reason was not sound, a. it might
be urged with equal resson against the
admission of Senator elected by the
Legislature few days prior to the ex-
piration of the term, which is nearly
always the case. Mr. h ,nton in bis
thirty years 10 the Unit, j States Senate
states the Lanman case fully and clear
ly as follows
"Mr. Laumsn had served = regulsr
term as Senator from Connecticut. His
term of service expired on the third Of
March of this year (ls25,) and the
General Assembly Of the State having
failed TO make an election of Senator in
his place, he received q temporary ap-
pointment from the Governor. Nov,
this case is analogous to the present
case in Oregon. DIR. Benton goes or
10 say that the reason given in the Sen
ate for the rejection Of Lanman was be-
cause it was not such vacancy al a
Governor could fill. not having chap
pened" or come by casualty rs was i'm
piled in the word happen. FROM 1925
to 1870 the decision in the Lanmau
case was the ia Of the Senate. During
that period ten cases os failure to elect
by the Legislature occurred, and in but
one of these cases did the Governor ap-
point, but the Senate rejected tue ap-
pointment on the ground that when the
Legislature failed to elect, that exhaust.
ed the power Of the Governor over the
matter.
The case Of Bell Of New Hampshir,
is the last case, and is stated as follows
Toe term of Senator Wadleigh expired
March 4th, 1879 in recess Of the Lsg.
islature, and on the 18th Of March the
Governor appointed Bell.
By reason of change in the cons.i-
tuition of that State which took effsct
October, 1873, two Legislatures were
chosen that year, one under the ole
constitution in March, whose term o
Office commenced in June 1873, anC
will terminate in May 1879 the oths
uoder tie new constitution, was choseI
In November to serge f., two years, th'
tern: commencing ir Jtne 1879. Th
act of Congress of July 25tb, 1866
| provides that 1.-THE Legislature Of eacl
State, which is chosen next preceding
the expiration of the time for whicl
any Senator was elected to represen
such State in Congress, shall, on th'
second Tuesday after tho meeting an
organization thereof proceed to elect
Senator"
It will be seen that neither legisla
ture elected in New Hampshire in 1877
could elect a Senator under the abov
statvte of Congress. The first on
chosen could not for it was not the Oh
chosen next preceedipg the expiratio
of the term of Wadleigh, Tho last on
chosen could not, for under the ne
constitution it could not set until
June 1879.
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