National Republican. (Washington City (D.C.)) 1872-1888, 1885-02-23

OF any state the executive thereof may make
temporary appointments until the next meet
Ing of the Legislature, which shall then fill
such vacancies"
Tho most recent consideration Of this
question by the senate occurred when
Senator Bell was appointed by Gov.
Prescott, Of New Hampshire, in 1870, to
ill the vacancy arising by tho expiration
of Senator Wadleigh's term Of service.
Tho case differed somewhat from all tho
presidents cited in its consideration. Ms
it involved another question, namely
which Of two legislatures had tho right
to elect Senator Wadleigh's successor.
But the right Of the governor to appoint
in case of the failure of the legislature to
perform its duty entered into tho discus
sion that then took place. After u full
consideration Of tho subject Senator Bell
was admitted by vote of 50 to %. The
question as stated to tho senate in the
amended resolution Of the committee on
privileges and elections was:
R,soired, That Hon. Charles II. Bell, Is ell
titled to scat as II senator by virtue of the
appointment Of the executive OF New Hamp.
shire.
The Democrats voting for tho admis-
sion of Mr. Bell were Senators Bayard,
Booth, Gordon, Groome, Jones of Florida,
Mcdonald, Randolph, Voorhees,, Walker,
White, and Williams and the Republicans
voting against his admission were Seua-
tors Carpenter and Conkling,
The following precedcnts were cited
and considered in the discussion Of the
question of tho right of the executive to
appoint senator when the vacancy hap
pens at the beginning of a senatorial
term:
William Cooke, senator from tho state
of Tennessee, whose term expired March
3, 1897, was, on the 22d Of April, 1877 APP
pointed by the governor to fill the va
cancy occasioned by the expiration of his
| term. His credentials were presented
May 10, 1897, and he was admitted with
| out objection.
Uriah Tracy, senator from tho state
of Connecticut, whose term expired
March 3, 1901, was admitted as q member
of the senate at the special session called
March 4, 1901, under the appointment OF
the governor. Exceptions being taken to
his credentials, no was admitted by vote
of Is yeas to 10 nays, and held his seat
until he was elected By tho legislature in
May following.
William Hindmnn, a senator from tho
state of Maryland, whose term Of Office
expired March 3, 1901, was appointed by
the governor March A, 1901, and was ad-
mitted without objection.
John Condit was appointed senator
from tho state of Now Jersey Sept. l, 1903
in place of Aaron Ogden, whose term ex-
pired March D. 1903. lie was admitted
without objection.
Joseph Anderson, a senator from Ten
rosseo, whose term expired March 3,
1909, was admitted member of the sem
ate March 4, 1909, without question,
under an appointment from the governor
of his state.
Samuel Smith, senator from Mary,
land. whose term expired March O. 1909
Charles Cults, a senator from New Hamp.
shire, whose term expired March B 1919
I
state of Tennessee, whose term expired
March 3, 1877, were all admitted without
question, under appointments from thu
executives Of their respective states, the
legislature in each of those cases having
failed to fill the vacancies.
John Lanman, senator from Con
necticut. whose term expired March
1925, was appointed by the governor
February s, 1925, to I'll the vacanc!
which would occur at tho expiration o
his.term. His credentials were presented
at the called session. March A, 1925, ant
the question being raised, the decision
of the senate was adverse to his right
The senate in this case, as shown by tn,
report of the committee, decided that
vacancy could not DO filled by govcrno
until 1t actually existed.
Ambrose IL. Sewer, senator from the
state of Arkansas, whose term expired
March 3, 1881 was appointed By the gov
ernOr Jau. H. 1887, to a. the vacauo!
which would occur 81 tho expiration Of
his term. Al .ae called session March 4
! 1887 objection was made, but he was ad
ulitted.
; Tho appointments of Messrs. Cooke
Hindman, Condit, Smith, and Cults ap
pear to have been made after tho vacanc,
had actually occurred, and thoy were ad
mitted without question. In three case
those Of bIessrs. Tracy, Lanman, an
, Sewer, where the appointments wer
= made in anticipation of the vacanc
, about to occur, question was made; an,
in two of these cases-Tracy and Sovier-
the appointeGs were admitted and in tn
= other rejected. Tho only case of rejeC
tion was tho appointment of Lamar
which WAS made before tho vacancy aotr
ally occurred.
In the limo of these procedents woul
, DO tho appointment of tho governor {
= Oregon. 1t is his duty to fill the Vacanc
! when it occurs at the expiration Of senu
/ tor slater's term, and we believe that th
!, senate of tho forty-ninth congress wi
" decide that it is such o vacancy as With
the provisions Of the constitution I'll
= governor is authorized to fill by appOin
}, mont.
=, -N-----