Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-27
THE APPOINTED SENATOR'S.
Majority Report Of the Committee ON Priv.
ileges and Elections.

Majority Report Of the Committee ON Priv.
neges and Elections.
L HOLDS THAT THE GOVERNOR OF A STATE
HAS THE POWER TO APPOINT wHESIvxR A
VACANCY Occurs, AND ADVISES TIE SEATING
OF MANTLE FROM MONTANA
The reports Of the majority and minority on
the contested election case OF Lee Mantle, a
Senator appointed by the governor Of Mon
tans, were made to the Senate today, Mr.. Hoar
submitting the report of the majority in favor
OF seating Mr.. Mantle and Mr.. Vance, chair
man of the committee. the report az ainst
seating There are two other cases, those of
Mr.. Beckwith. appointed by the governor of
| wyoming, and Mr.. Allen, appointed by the
governor of Washington Inasmuch as the
facts are the same the test will be made in the
case OF the Senator upon whose credentials the
| report Is made. 1t is not unlikely that as this
Is decided SO will be the others. Both reports
are rather lengthy and quote voluminously
| from the earlier decisions of the Senate upon
cases dealing with the same question.
Ihe majority state that they began their in
| qulry with the primal and controlling Mandate
OF the Constitution resting upon them that the
| senate should be kept full and the separate rep
resentation therein Of each state was the most
/ important and Interchangeable single obliga-
| ton which the instrument creates. The Con-
stitution provided that no state should
ever be deprived Of its equal vote in the Senate
! except by its own consent to a change in the
| Constitution itself. and this consideration was
held TO be of infinitely more importance than
the question whether the appointment should
be made by the legislature or the executive.
THE ARGUMENT OF WEBSTER.
In discussing the subject of vacancies the
committee reproduce part of the famous de-
bate between Webster and Calhoun, and re-
affirm the doctrine laid down at that time by
MIR. Webster when he took his stand against
state sovereignty. Upon thfs line and in reply
to the assertion that failure by the legislature
to elect a Senator is a refusal by the state
TO be represented. the majority make q twofold
answer-that the Constitution of the United
States did not mean to permit a state to refuse
to be represented and that this constitutional
purpose has been carried out far possible by
the statute OF 1866. Second. The inability of a
| state legislature, where there is more than one
| candidate. to agree upon a Senator is by no
means equivalent to a refusal of q state to elect
one.
The majority set out in the argument with
the clear, unquestionable purpose Of the Con-
stituion to keep the Senate full and the fact that
every other purpose of the Constitution relating
to such matters is accomplished by holding that
the power In question resides in the governor.
The language Of the Constitution, says the
majority, is quite as well suited to con-
fer the power upon the governor Of APP
pointing to a vacancy occurring at the
beginning OF q term. or to a vacancy
which began to exist when a legislature was
actually in session and continued after the ad-
journment of the legislature, as any language
likely to be used After quoting various def
nitions Of the word Vacancy the majority
come to the conclusion that the words Of the
Constitution convey to an ordinary apprehen-
sion the simple meaning, IF there be a
vacancy. by resignation or otherwise" the ex-
or mt aEa asvt~ &c
&c.
AToRs.
"The language Of the Constitution says the
majority, sit to us, was carefully designed
TO apply to the case not Of q single vacancy,
which might occur only in a single recess of the
legislature. but to every case where a legisla-
ture having adjourned without action q
second or third vacancy should occur. which,
under the language Of the Constitution,
may be provided for by temporary APP
pointments. This position is supported by
| numerous decisions which are quoted after
which the majority say: 1--WE have, then, first,
a clear and controlling constitutional purpose
that every state shall be at all times represented
in the Senate by two Senator's Second. A dec
laration by the Constitution that that purpose
is to be accomplished by the authority of the
executive Of the state when the legislature has
failed to elect . Senator Third. The use of
language in the Constitution which, ac-
| cording to good and established usages,
is sufficient in its ordinary mean
ing to confer this power on the executive in
the case Of a vacancy existing for any cause
whatever and at any time whatever while the
legislature is not sitting whether contingent or
otherwise. Fourth. Where like phraseology is
used In the Constitution in regard to other
Offices it has been uniformly held to have the
meaning attribute to it here. Fifth. The
construction given by the very able supreme
court Of Indiana to language substantially
identical. Sixth. The Senate has for many
years past invariably recognized the control
ling obligation Of this purpose of the COnstitu-
ton. even where the language is doubtful or
where literal construction would lead to
another result
AN UNBRoKEN LINE OF DECISIONS.
After quoting in extenso from the Bell case
New Hampshire ) the majority conclude their
report follows: st was shown by an I'M
broken line of decisions. with one possible but
doubtful exception, that the Senate has main
tanned the authority Of the executive to appoint
to a vacancy which occurs at the beginning of q
term by reason of the failure to elect. We
do not think it necessary to insist upon the i'm
portance of an adherence by this high court to
precedents in Judicial matters such the title
to its seat. The only alternative is in the juGg
ment OF the Senate, whether the rights of the
states are to be dependent upon the changing
political majorities OF this chamber. 1t
seems quite important that the con-
struction given by the Senate to the Constitu-
ton III proceedings of Judicial nature should
be inhexibly adhered to, except in cases of
clear error. in spite of the grave and serious
| attempt which must beset this tribunal beyond
all Others to depart from them in times Of high
political eXcitement'