The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-04-07
CONSTITUTIONAL POINTS.
The - ate InduIges in Debate Upop Dry
Constitutional Points - The Rights of
1ioYerno-. TO Nppoint Senatnrs.

The - ate InduI2es in Debate Upop Dry
Constitutional Points - The Rights OF
Goyerno-s To ApPoiat Senators.
WASHINGTON. March 3l-Tae senate yester-
day entered OF what promises 10 be a prot-;act-
ed debate. The report Of the committee on
privileges and elections in favor o: soaring he
three senators appointed by the governors OF
the states o: Montana. Wyoming and Washing
ton was called up and Mr.. PCgn delivered q
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
dicatinE concurrence with the views OF the
minority OF the committee, adverse 10 the ad-
mission OF the three senators. The question
viii come ~ again TO-DAY.
The importance OF the question presented,
Mr.. Puch said would be conceded as well as
the necessity for a solution OF it by the Sen
ate tha; would be accepted hereafter as final
Unfortunately The decision OF the same ques-
ton heretofore has been Influenced more or
less by the fac; that the governors appointee
was democrat or republican. as was shown
BY the division OF the votes OF senators on
party lines He argued from the debates
Of the constitutional convention, that the
existence OF the vacancy from any cause
was the crucial test OF the power Of the
governor TO Ill the vacancy. The vacancy
happened" be argued IL it existed. In
result from prohibiting governors TO Ill vacan-
cies IN the senate, MI Pugh said that the
force bilT' would now be a law if one senator,
opposed TO IL, had been kept out of his seat by
the operation Of such a rule. Were senators.
he asked, prepared to establish that rule?
Three or more political parties, he said existed
by regular organization in several states
These parties favored specific principles and
policies that were fundamental and irreconcil-
able Was il right in such a case for the sen
ate 10 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 eonstit-
uents and come 70 some agreement FOR the
election Of a senator?
Mr. Hoar gave an explanation Of statement
made by him in q former debate OF = similar
subject, in which he took ground different from
that taken by him now. The answer that he
had given then 10 . question By Mr. Carpenter,
OF Wisconsin. had been an obiter dictum, and
almost immediately on 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 10 be given 20 the con-
stiEutioEal provision
Mr. Mitchell attacking Mr.. Hoars statement
that the main thing contemplated By the con-
situation was that the senate must be kept full
all the time. put the case OF legislature failing
70 elect a senator and a governor refusing to
appoint one.
Hr. Hoar's reply to that supposition was that
a high public official would perform the duties
Of his ONCE
Mr.. Villas reminded Mr.. Hoar that it had been
determined By the highest courts in England
and IN the United States that whenever public
olicer failed TO perform a public duty with
which he had been charged. any citizen had a
right 20 invoke the judicial tribunals 70 compel
him by mandamus 10 perform that duty.
Mr.. Gray questioned whether the courts
could compel governor 10 appoint a senator,
the language OF the constitution being that he
'maT'' not that he shall"
Mr.. Villas replied that every lawyer under
stood that he word may" in statute i'm
posing duty on public oficer, always meant
must"