Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1893-04-06
CONSTITUTIONAL POINTS.

The Senate InduIees in Debate Upon Dry
Constitutional Points - The Rights of
Governors to Appoint Senators.
WASHINGTON, March 30.-The senate yester-
day entered on what promises to be u protract-
ed debate. The report of the committee on
privileges and elections in favor OF seating The
three senators appointed by the governors of
the states of Montana, Wyoming and Washing
ton was called up and Mr.. Pugh delivered
constitutional argument in support of the posi-
ton taken by the committee. The discussion
that followed was participated in by senators
on both sides OF the chamber. most OF them in
dicating concurrence with the views of the
minority Of the committee adverse to the ad
mission of the three senators. The question
will come again TO-DAY.
The Importance of the question presented,
Mr.. -Pugh said. would be conceded as well as
the necessity for a solution of it by the SEN
ate that would be accepted hereafter as final
Unfortunately the decision of the same ques-
ton heretofore has been Influenced more or
less by the fact that the governors appointee
democrat republican, was shown
by the division of the votes of senators on
party lines He argued from the debates
of the constitutional convention, that 1.-The
existence of the vacancy from any cause"
the crucial test OF the power Of the
governor to fill the vacancy. The vacancy
happened he argued, if it existed. In
illustration of the possible evils that might
result from prohibiting governors to fill vacan-
cies in the senate, Mr.. Pugh said that 1.-The
force bilr' would now be q law if one senator,
opposed to it, had been kept out of his seat by
the operation Of such a rule Were senators,
he asked, prepared to establish that rule?
Three more political par lies, he said, existed
by regular organization in several states
These parties favored specific principles and
policies that were fundamental and irreconcil-
able. Was it right in such case for the SEN
ate to establish the tyrannical arbitrary and in
flexible rules that these parties should surren-
der their opinions and convictions, disregard
their pledges and their fidelity to their constit-
uentS, and come to some agreement for the
election Of senator?
Mr.. Hoar gave an explanation of statement
made by him in former debate on a similar
subject, in which he took ground different from
that taken by him now. The answer that he
had given then to question by MIR. Carpenter,
of Wisconsin, had been an obiter dictum, and
almost Immediately reflection (after that
de bate was over he had become satisfied that
he had been in error, and that the principle
which affected all such cases that the senate
must be kept full. would require the broad con-
Struction now proposed to be given to the con-
stitutional provision
Mr. Mitchell attacking Mr.. Hoar's statement
that the main thing contemplated by the con-
stitution that the senate must be kept full
all the time, put the Of legislature failing
to elect senator and governor refusing to
appoint
Mr.. Hoar's reply to that superstition was that
O high public official would perform the duties
of his office.
Mr.. Villas reminded Mr. Hoar that it had been
determined by the highest courts in England
and in the United States that whenever a public
officer failed to perform a public duty with
which he had been charged any citizen had a
right to invoke the judicial tribunals to compel
him by mandamus to perform that duty
Mr.. Gray questioned whether the courts
could compel q governor to appoint a senator,
the language of the constitution being that he
may not that he shall"
MIR: Villas replied that every lawyer under
stood that the word ''may" in statute i'm.
must f-'o-'0 O---0'