Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-03-27
VACANCIES IN The SENATE
Report on the Contested Appointment
Of Lee hlnlle.
IN FAVOR OF SEALING Hin.
Failure by Legislature TO Elect a
Senator is not Refusal TO ID
Represented.

tne con'o'''u e hv m.
Manue' tue sena'o' 'pp''n's :.
boNeinoi VI 1, IT,. .,h.
'ne se"A.o 'ous', A., ,a,o,
mitting the majority report IN ""'O'
OF seating Mantle, and senator
Vance. chairman Of the committee,
Tho ,.,n,, AGAINST seating. There
NV '.po" "s- IT.. -,
are Two o'her cases, '"oso
Beckwith, appointed by tho governor
of wyoming, ana Allen, appointed by
,,a ,ov.,ro, n, W,sbinoton' nj no,much
"" 49, 49,, Iii,
as'he iao'S alo 'he sa"ie' '"o 'os' ""'
10 made In the case OF the senator
uron whose credentials the report In
,noda n Ia M, u,lilolv that ma this
-, ~ -.
u ueciucu ~ VIII oo 'uo o'nois
Both reports nro rather lengthy, and
quote yolumInously from the early
d.oiston. o,,ho S.nato ,no, ,os,. ,oai.
"
ing Win tue same queh'ion'
The majority state that they began
their inquiry with the primal and
.o,,,,o,,t,,, ,,,an,,.,a -, tarons,,,,,,,o,
oo ,' n'" 80. ,,.. 80 go.
resting upon them' thnt tho Senate
should be kept full and that separate
iepresc ptation therein of each stat.
va. IA. mos, ,rnn,,.n, INTERCHANGEABLE
single obigatlon when tue instrument
creates, Inc Constltution pfoVlues that
no state snOulu ever DO ueprlved OF
equhi vote In tue SENATE except ny It's
own consent toa chnnge IA me Con-
hutution llseli, anu TINS conhluefatlOn
was held 10 De OF INFINITELY more i'm
portance than the question whether
appointment should be made by the
legislative or the executive. In dis
oussing the subject OF vacancies the
committee reproduces part OF the Fam
Gus DEBATE between webster and Cai.
noun anu reainrns the doctrine laid
uown NJ thst tlmo by webster, when
ne t0ok stand against state sovereignty.
upon thls hue anu IN reply TO the
Insertion that failure by the Legislature
10 elect senator ~ refusal by the slate
10 be represented, tue majority makes
two-ioil answer
fitS.-Ihht inc constitution OF tho
United States uiu not mean to permit
Estate 70 De unfepresented anu that
thIs cohsutuuonhl purpose nus been
carried out as iar ~ possible by the
Secona---rbattbsin. of tb. .,a,a
legislature. where there IA nioretbanone
Candidate. 10 agree unon n san.,o, 10
nv ma ,nsars sn,,,ys,a,,, % ,.,,,aaI
tiIe state 10 elect one.
THIS majority continue IN a,,,. ,,o,
the clear. unauestionabls pnsnose at
~. Cn.s,,,,.,aH ~ =, , p"rposo Vi
null and points 10 The M, thu, snasv
other nurnose of The Const,tnt,on
jatlnp 10 such msi,sy.
ncc.mn,iahed. no bnIdina ,..s
iho power In auestion rests i'm IN, gov.
ernor. The Language Of The rans.s, I'm
lion. snxs tbe n,aiopltv ia onit. a. ~,
suit.d ~ confeT The raw ,,,an VIZ
governor OF appointInr n yacancv on'
sS,,,,t,,,' 's '.Vy Oc-
or n vacancy which began 10 49,,
when the legislature WINS actna,,v in
session and Continued after the
ndlournment of the legIsla,ura as a..
LANGUAGE likely 10 be- useJ. H.,
quoting ihe various definitions nj the
word Nyaoanoy.D the maioyity con.s
TO the conclusion that the words Of The
Constitution convey 10 any Ordinary
apprehensIon the sImpIe meaning :,
there be vacancy bv reslyna.
ton or otherwise. tho ,xacm.
tive may make INV temnorarv
Appointments. clio. UTbe Inncuacc
OF the Copsiitutionv says the maIorIty
at seems to us was carefully designed
to apply to the case Of not single