The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1893-03-28
Majority and Minority Reports II
scented i'm the Case of Mr.. Mantle
of Montana.
The Majority Argues That He Shoail
be Seated-What They
Say.

ate, Mr.. Hoar submitting me report OF
the majority in favor of seating MIR.
Mantle, and Mr.. Vance, chairman of
the committee, the report against seat
ing. There are two ather cases, those
of Dir. Beckwith, appointed by the gov
of Wyoming. and Mr.. Allen, ap-
pointed by the governor of Washington.
Inasmuch as the facts are the same the
test will be made in the case of the
senator on 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.
Position of the Majority.
The majority state that they began
their inquiry with the primal aud con
trolling mandate of the constitution
resting upon them, that the senate
should be kept full and the separate
representation herein OF each state was
the most important and Interchangeable
single obligation which the instrument
creates. The constitution 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 consti-
tuition itself, and this consideration was
held to be of infinitely more Importance
than the question whether the appoint
ment should be made by the Legislature
or the executive.
Quote Webster and Calhoun.
In discussing the subject of vacancies,
the committee reproduced a part of the
famous debate between Webster and
Calhoun, and reaffirm the doctrine laid
down at that time by Mr.. Webster
when he took his stand against state
sovereignty. Upon this line and in re-
ply the assertion that a failure by the
legislature to elect a senator is a re-
tusal by the state to be represented, the
majority make two-fold answer-that
ne constitution of the United States
did not mean to permit a state to re-
fuse to be represented. and that this con-
~stitutional purpose has been carried out
as far as possible by the statute of 1856.
Not a Refusal.
Second-The inability of a state legis-
lature. where there is more than one
candidate. to agree upon a senator is by
no means equivalent to a refusal of the
state to elect one. The majority set out
in the argument with the clear, IN
questionable purpose of the ~constitu-
ton to keep the senate full, and the fact
that every other purpose of the consti-
tuition relating to such matters is ac-
complished by holding that the power
in question resides in the governor.
The language of the constitution. says
the majority, is quite al well suited to
confer the power upon the governor ap-
pointing to a vacancy occurring at the
beginning of a term, or to a
vacancy which began to exist
when a legislature was, actually in
session and continued after the adj
journment of the legislature, as any
language likely to be used. After quot
ing various definitions of the word
vacancy" the majority committee
came to the conclusion that the words
of the constitution convey an ordin-
airy apprehension to the simple mean
ing, IF there be a vacancy, resigna-
ton or otherwise" the executive may
make temporary appointments, etc.
Applies o This Case.
1.-THE language of, the constitution"
says the majority, lit seems to MS, was
carefully designed to be applied to the
case, not of a single vacancy which
might occur only in a single recess of
the Legislature, but to every case where
q Legislature having adjourned without
action q second or third vacancy should
which, under the language Of the
constitution may be provided for by
temporary appointments" This posi-
ton is supported by numerous decisions
which are quoted after which the
majority say I'VE have, then,
First-A clear and controlling con-
stitutional purpose that every state shall
be at all times represented in the SEN
ate by two senator's.
Second-A declaration by the con-
stitution that that purpose is to be ac-
complished by the authority OF the axe
cvtive of the state when the legis-
lature has failed TO elect q senator.
Third-The use Of language which,
according to good established usage, la
sufficient In its ordinary meaning to
confer this power on the executive in
the case OF q vacancy existing for any
ans whatever, and at any rate while
the legislature 10 not sitting, whether
contingent or otherwise.
Fourth-Where like u p~hraseology is
used in the constitution i'm regard to
other Offices it has been uniformly held
to have the meaning we attribute to 1t
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
constitution, where the language is