The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1891-06-12
SENATOR HERRING'S SPEECH.

Hon. Grant Herring, IN reference to issuing
the Commissions to the appontees made by
Governor Beaver:
Mr.. HERRING.-Mr. President more
than FIVE days have elapsed since the Cover.
nor sent in a list of names for appointment,
desire to make motion at this time that
the Senate 90 into executive session for the
purpose of considering the nominations sent
in on Wednesday last and to say few words
why, in my opinion at least, this motion
should he carried.
Mr.. MONAGHAN.-Mr. President, !
second that notion
Mr.. HERRING. Mr.. President, not.
withstanding the fact that war was declared
on the same question on the ninth of April
last, we are again tempted to its discussion.
Since that time it has occurred to us that
some very important phases Of the question
were lost sight Of in the heat and passion of
that first days struggle, but now that the
smoke of battle has cleared away and we
have had months time for deliberation it
does occur to us that these fighting gentle
men on the other side of the chamber should
listen to the voice of reason and turn aside
from their evil ways We have few sug.
gestions to offer in hope that the law may
step in and decide the "late unpleasantncss."
If, however, we fail in this then we have
only to say that we have prepared ourselves
for a second encounter.
In discussing the question it is our desire
to do it in no mean spirit of maignity or
vituperation, but to argue the issues raised
from purely legal standpoint. Railing ac-
cusation would i'll become the occasion. If
we shall not be able to convince our brethren
Of the error of their ways by the force Of
reason and logic we can hope to accomplish
it in no other way. 1t may not be amiss at
this time to rehearse briefly the facts out of
which this dispute has arisen, for up to this
point we are convinced that misapprehen.
sion exists both as to the law and the facts.
1t seems on the third day of February, one
thousand eight hundred and ninety, the late
'overnor Beaver commissioned William ii.
gle to be State Librarian from the first
onday in February to the end of the pres
mt session of the Senate. By virtue of that
commission now in his possession DR.. Ege
is the present incumbent of that Office. On
the fourth day of February, one thousand
eight hundred and ninety, commission Of
like tenor and effect was issued to DR. ID. ].
Waller, Jr., as Superintendent of Public In.
structon, dating from the first day Of March,
one thousand eight hundred and ninety, to
the end Of the present session of the Senate.
On the first day of November, one thousand
eight hundred and eighty-nne, commission
OF like Limitation issued to William G. Mar
tin as Factory Inspector, by virtue of which
Mr.. Martin is now inspecting the factories
of the State. 1t should be remembered at
this time that these vacancies in the several
Offices named were filled by the Governor
under and by virtue of the authority con.
tained in that clause Of the Constitution
which provides that 'the Governor shall
have power to fill vacancies that may happen
in Offices to which he may appoint, during
the recess Of the Senate, granting commits
sons which shall expire at the end of their
next session." Matters rested in this shape
until this Senate convened in January last.
1t was then that Governor Beaver nominated
10 this body for advice and consent, these
several gentlemen named, to the respective
Offices which they now hold, for the full terms
prescribed by law.
Action on these nominations was post.
poned by the Senate until the term of Office
Of Governor Beaver had expired and his sue
lessor had been inaugurated. On the twen-
.ieth of January last, these nominations were
'aken up by this body, advised upon and
unanimous consent given upon call of the
veas and nays agrecably to the provisions of
.ae Constitution. At this point would have
he Senate bear in mind that these nomina.
ions were not the nominations of any par
lcular man, but of the Governor Of the Com.
nonweath, and that in the process Of ap-
ointment of these gentlemen to Office, two
lsAlHNt stclS nave DtSH lISl, lHcH
omination to the Senate by the Governor
nd second, the advice OF the Senate and its
nanimous consent to their appointment
ut one step more remains to be taken be-
)re these nominations can be regarded as
omplete, namely, the signature of the Gov
rnor to a commission. By this time the
enators will see the drift of argument which
this: In The process Of Constitutional ap-
ointment TO office three distinct steps are abso-
'te'y necessary; first, the nomination by the
'ouernor 10 The Senate !, second the advice of
te Senale and its consent expressed third The
gnature of The Governor to commission.
acking any one Of these three essentials,
appointment is made and the sole power
appointment being in the Governor, he is
liberty to withhold the last essential, even
er the other two have been complied with,
until all these steps have been taken it
.nnot be said that the appointment has