The times. [volume] (Richmond, Va.) 1890-1903, 1893-02-24
STATES WITHOUT SENATORS.

tourned without eiecti ig an United states
Senator. thereby leaving a vacancy In the
| Higher House OF Congress from that state.
and II Montana and Wyoming are not
| very careful. they will soon be in the
same predicament. And II is likely to be
no trifling matter TO them. should they.
by the selfish ambition and greed for
place among their Democrats. be put In
such a situation, az they would then. In
ell probability. have these vacancies per-
manent. or at least existing until their
respective Legislatures shall again meet
and regularly choose the Senators to fill
them.
This conclusion is arrived at because
OF the fact that law and precedent both
are against the appointment of a Senator
10 fll a vacancy under such circun-
stances. The general opinion is that there
Is no law TO confer such a power upon a
Governor, unless a vacancy occurs in the
Senate from a State by death. resignation
or otherwise. The Constitution declares
that the Governor shall have power to
fill vacancies in the Senate which happen
'by resignation or otherwise during the
recess Of the Legislature" and only on
such conditions. and neither Of these ex-
list in Wyoming. Montana or Washington.
The whole question turns upon the
phrase, IF vacancies happen" !. e.. "oc-
cur by chance" Such q chance occur
renee does not take place when 4 Legisla-
ture deliberately allows its whole session
10 pass without having elected a Senator,
when there is a vacancy to fill, and II
the term Of an United States Senator
expire, and the Legislature, being in ses-
sion, fail to elect his successor. then no
such vacancy happens" but is brought
about by the deliberate act Of the Legis-
lature. In that case the Governor has o
owe whatever to fill the vacancy.
The precedent for this position was es-
tablished in the case Of the resignation
Of Senator George Read. of Delaware,
in 1898. His resignation took place during
a recess of the Legislature. That pody
met in January, 1894, and adjourned the
lOllOhli6 viz tN'C0 NfNDo
cessor to fill the vacant place. The Gov
ernor then appointed Marshal Kelsey
| Jones 10 fill the vacancy. He was not adj
mitted to his seat. on the ground that the
LEGISLATURE. which had held a session
during the interval, had failed to fill the
vacancy. That is, the vacancy caused by
the failure of the Legislature to elect
a Senator did not happen" 1t came by
| deliberate design.
A case to establish the law still further
! occurred later from New Hampshire. An
amendment TO the Constitution Of that
| State was adopted changing the time or
meeting for the Legislature. BY an mad
yertence the change was made to take
effect at the time when the term OF a
United States Senator expired and the
next legislature would not meet nul
many months had interviewed. The Gov
ernor appointed a Senator TO fill the va
cancy and he was admitted to his seat.
The vacancy had happened through
the change in the State Constitution by
which no Legislature was in session 10
fiji It by a regular election.
In opposition to the above position 1t
has been advanced that article 3 of the
United States Constitution provides that
mo State, without its consent. shall be
deprived of it's equal suffrage in the Sen
ate" This. however, does not do away
with the force of the argument. since it
has been held that "the Legislature OF a
State being in session and failing to elect
a Senator is an implied consent to the
~vacancy's remaining untitled.
1t is a pity that this fact cannot be
brought to the attention Of the Legisla-
lures OF the two new Northwestern States
in which there are existing Senatorial
deadlocks. II they could be made to real
ize that, by their personal greed and sell
fish ambition, they are not only jeop-
ardizing the success of their party, but
that they are running the risks of perna-
nently DISTINGUISHING themselves in the
Higher House Of Congress, they might
nossihIv be brought to their senses.