The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-03-28
SENATOR MANTLE'S CASE.
Majority Report Submitted from
the Committee on Elections.
IT FAyORS HIS ADMISSION.
Cases Of Beckwith and Allen Also In
YOlYed in the Report.
The Minority of the Committee, by sena-
tor Vance, Will submit Report
Today Against Admitting the
Gentlemen Named

WASHINGTON, March 27.-The report of
the majority on the contested cleo
ton case of Lee Mantle, senator
appointed by the governor OF Montana,
was made to the Senate today, MIR. Hoar
submitting the report of the majority in
favor of seating Mantle. There are two
other cases, those OF Beckwith, ap-
pointed by the governor of Wy
oming, and Allen, appointed by
the governor of Washington. mas
much as the facts are the same, the
test viii be made in the case OF the senator
upon whose credentials the report is
made, as it is not unlikely that as this is
decided so viii be the others. The re-
port was rather lengthy, and quoted
unanimously from early decisions OF the
Senate upon cases dealing with the same
question.
The majority state they began their
inquiry with the primal and controlling
mandate Of the constitution, resting upon
them, that the Senate should be kept full
and separate representation therein Of
each state was the most important IN
changeable single obligation which the
instrument creates. The constitution
provided that no state should ever he de-
prived of an equal vote in the Senate, ex-
cept by its own consent to change IN
the constitution itself and this considera-
ton was held to be of infinitely more i'm
portance than the question whether the
appointment should be made by the
legislative or executive.
In discussing the subject OF vacancies
the committee reproduces part OF the
famous debate between Webster and Cal
houn, and reafiirms the doctrine laid down
at that time by Webster when he took the
stand against state sovereignty. Upon
this line and in reply to the asser-
ton of failure by a legislature TO elect a
senator is refusal by the state to be rep
resented, the majority make twotoId
answer:
First - That the constitution of the
United States did not mean to permit the
state to be unrepresented, and that this
constitutional purp Sc has been carried
out as lar as possible by the statute of
1860.
Second-Inability Of state legislature,
where there is more than one candidate
TO agree upon for senator, is by no means
equivalent to q refusal OF the state to elect
one.
The majority set out in their argument
with the clear, uDquestionable purpose OF
the constitution to keep the Senate full,
and the fact that every other purpose of
the constitution relating to such matters
r is accomplished by holding that power in
question resides in the governor. The
language OF the constitution, says the
majority, is quite as well suited TO confer
power upon the governor of appointing
to q vacancy occurring at the beginning
OF q term or TO vacancy which began to
exist when the legislature was actually in
session, and contin ed after the adjourn
ment Of the legislature, as any language
likely to be used. After quoting various
definitions OF the word vacancy" the
majority come 20 the conclusion that the
words Of the constitution convey to an or
binary apprehension the simple meaning
that If there be a vacancy by resignation
or otherwise, the executive may make
temporary appointments, etc.
In the language of the constitution, -
saws the majority. sit seems TO US that it
was carefully designed to apply to the
case OF not a single Vacancy, which might
occur only in a single recess of the legis-
iature, but to every case where the legis-
lature having adjourned without action
q second or third vacancy should occur,
watch, under the language Of the consti-
tuition may be provided for by temporary
appointment" This position is supported
by numerous decisions quoted hereafter,
of which the majority says: 'tWe have
then, first a clear controlling constitu-
tionaI purpose that every state shall be at
all times represented in the Senate by two
senator's.
ss6econd-A declaration by the consti-
tuition that the purpose is to be accom-
llished by the authority of the executive
OF the state when the legislature has failed
to elect a senator.
ssThird-Use of the language in the
constitution which, according to good anc
established usage, is sufficient in Its
ordinary manner to confer this power or
the executive In case of a vacancy exist
ing for any cause whatever, and at any
time whatever while the legislature is mol
sitting, whether contingent or otherwise.
'F0urth-Where like phraseology &C.
eurs u the constitution in regard to Other
Offices, ii has been uniformly held to have
!, the meaning we attribute to it here.
'Fifth-!The construction given by the
very able supreme court of Indiana is IL
language substantially identical.
ssSixth-The Senate has for many years
past invariably recognized the CONTROL
ing obligation of this purpose of the con-
stitution, even where the language is
doubtful, or where literal construction
would lead to another result.
After quoting in extenso from the Bel
case New Hanpshire) the majority con-
clude their report as follows: sit was
shown by an unbroken line of decisions
with one possible but forcible exception,
that the Senate has maintained the au'
Shority OF the executive to appoint to 6
vacancy which occurs at the beginning Of
6 term by reason of failure to elect. We
do not think 1t necessary to insist upon
the importance of adherence by this high
court to precedents in judicial mat
tiers, such as the title to its
seats. The only alternative is in The
Judgment OF the Senate, whether
the rights of the states are to be de-
pendent on the changing political MAORI
ties Of this chamber. 1t seems quite as
important that the construction given by
the Senate to the constitution in proceed.
1ngs OF Judicial nature should be infiexi.
bly, adhered to, except in cases of cleal
error, in spite of the grave and serious at
tempt which must beset this tribunal be-
yond all others to depart from them IL
times of high political excitement.