Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1891-07-31


We claim that a gnation creates va
conCy, and that, for the purposes of clecting n
successor, q vacancy exists now. aud that a
resignation made aud accepted in positive
terms. az thut Of senator Edmuud-'s is, must
of necessity hc considered "ot the next meet
ing OF tia" lcgi~lature.' Whether
the executive 1pronts or not the legislature
must c'ortat the next meeting" thereof af-
ter -lgnHtion, which creates II vacancy every
time, nrmers' Advocate.
in those and other sentences, the Adgo-
cate continues to argue that il the Legisa-
tire meets in August, it can and must elect
succ 5sor % Senator Ed1nunds. Ecsigna-
zion, says tho Advocate Greats vacancy.
Not necessarily IL that were SO. then the
scna orship is now vacant. AMI fths Senate
were 10 Bee convened hy President Harrison
next week, Mr. ldmunds would have no
right to take his seat. But no one can SER
iously maiutan such Il proposition rs that.
a resignation creates vacancy only when
it ttL,S cGcrt. Mr. Edmunds has rendered
Ii, resignation TO take effect November l.,
rrox. Ills resignation was accepted by the
governor to take effect at that date. TIL
then there is no vacancy for any purpose.
1t is TO he noted that an expiration
of the fixed term Of Office OF United States
/
ton and the laws Of Congress; and
IA vacancy occurring by death or resig
nation--is quite another thing The consti-
tuition and United States statute provides
for elections in advance OF the expiration OF
the term. Bnt there is no provision for
filing vacancy till it happens" Mr.,
| Edmuuds, who is tolcrnhy good authority,
says. The constitution Of the United
States only allows a Legislature or u COVER
nor to Oh a vacancy that actually exists at
the very time Of their action. They cannot
till it in anticipation. Tue United States
Senate, if we understand the case, has in at
/ least one instance refused to seat a man APP
/ pointed to I'll prospective vacancy. 1t i.
/ moi likel1 that our governor or our legisla-
/ ture VIII invite a repetition of this prcce-
/ dent.
W notice that ono or more Of our Yer
mont exchanges mention the fact that the
constitution of the United States says that
/ the governor 'mdy' appoint senator
/ when vacancy happens but does not say
that he o,tSi do it. May" in view Of al
/ the circumstances becomes must in such case.
/ ana no governor, so far as we have ever
heard, has ever undertaken to shirk the
duty devolyed upon him by the United
States Constitution. it is worth noting,
perhaps, in this connection that the COAST
tuition OF Vermont says the governor "Shujj
| supply every vacancy in any Office occa
stoned by death or otherwise " Practically,
as we suppose, no serious question exists on
the subject. The vacancy will happen
when Mr.. Elmunds' resignation takes
effect The governor will then appoint the
man whom he has already selected and
will before then have notified o
his coming honor. The appointment vii
be the one which the great mass Of tn,
republicans Of Vermont expect AMI will APP
prove; and Mr. Proctor viii be elected tC
succeed himself by tho Legislature which
meets in October, 1892, if he is alive and
w.4 when the day for such an election
arrives.