Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1893-02-07
GOVERNOR CANNOT
APPOINT

A gentleman who has had cOnsid-
cradle experience i'm state and ma
tional politics sends the following
excellent letter to the HERALD, which
will be read with interest by its readers:
The present long continued dead lock
at Olympia and its threatened continu-
ance to the end Of the session, as pub
lished in the press OF the State, should
lead to a serious consideration OF the in
terests and rights OF that portion of the
people not represented in the present
controversy by the candidates and their
friends. This is more imperative since
some people and some influential journals
are strongly urging the members upon
both sides to prolong the fight to the end
of the session, with the understanding
both express and implied, that in that
event the governor could and would fill
the Office by appointment. Doubtless
most people have been led to believe that
in the absence of an election the governor
could appoint. But by reference to the
constitution of the United States it will
be seen that the governor can appoint to
ill those vacancies only which happen
during the recess Of the legislature. The
present term expires March 4th. The
legislature will be in session March sth.
The governor cannot appoint, first, be-
cause no term of senator having COM
menced, no vacancy could happen in
the light of the constitution, which
contemplates some accident or
some unforeseen or unavoidable
contingency. 1t is intended to
cover a portion Of an unexpired term. not
the creation of new one which had
never before commenced.
Second-If it were vacancy within
meaning Of the constitution it is one
which occurs during a session of the leg
islature and not during recess" of
same. and is also one which must be Ure-
sumed to have been deliberately contem-
plated and intended by the legislature if
1t falls to elect, and cannot in any sense
be contingency unforeseen and unavoid-
able. The trainers of the constitution
could not have contemplated that the
legislature Of any state would deliberate
ly deny that state full representation in
the senate by reason Of a refusal to elect
senator. This question is not new one
but the country may be congratulated
upon the fact that IL Is rare one. On
two occasions the state OF California
failed to elect senator, and the gov
ernor, having no power Of appointment in
such case. the seat remained unoccu-
pied until the next session of the legisla-
ture. There are also a number of other
presidents to the same effect. This legis-
lature can get no relief through the gov
ernor, and cannot avoid the responsibility
OF the situation by ATTEMPTING To
shift that responsibility to his shoulders
They and also the people of the state
must face the proposition of an absolute
vacancy until the Legislature again meets
Can this state afford any such nonsense?
We think there can be but one answer
We need all the representation 10 which
we are entitled, and deserve the best We
can get. The state will surely not en-
dorse the sentiment that unless this Of
that particular man can be elected no on'
shall be elected, and the whole state thu
be denied representati 1t is time the
alarm was sounded, and that the great
multitude Of the people who are less in
terested In the success of any particula
man than they are in the general welfar
Of ALL should insist that 1t is high TIM
the controversy ended, and that both side
should be made to know that the presen
deadlock is rulnous TO all interests, ant
that the state has some rights which
neither side, nor both collectively car
violate with impunity. Can 1t be thai
there are but two men in the Republican
party in this state fit to represent us II
the senate2