Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-03-29
APPOINTING sRNAToRs.

APPOINTING SENATOR'S.
Minority Report on the Cases o.
Senators Beckwitb, Mantle and
AIlen-NecessIty for Gubernatorial
Appointment of Senators Charac.
terfzed as n scandal Upon Consti.
| tutIonal Government.
| WAsH1NeroN, March %. - Senator
Vance, chairman of the committee on
privileges and elections, in behalf of the
minority of the committee, to-day sub
mitted to the senate a report upon the
case of Lee Mantle, finding that he is not
| entitled to take his seat as senator from
| Montana. The report Is signed by Sena-
tors Vance, Gray, Palmer and Mitchell.
AS in the Gaze of the majority report pre-
sented by Senator Hoar, the minority re-
port deals directly only with the claims
of Mr.. Mantle, but both are intended to
cover as well the cases of all three of the
appointed senators-Messrs. Mantle, Beck
with and Allen. The question pre-
scented, according to the minority
report is, 'could the governor of
the state appoint senator at
the legislature being in session and
refusing to elect. The report quotes the
constitutional provision and the act of
1885 relative to the election and appoint
ment of senators, and then contends that
the original terms of senators must begin
by being chosen by the legislature. AS
there are but two ways of constituting
senators, 30 there are obviously but two
ways of creating vacancies: one, the prt-
mary way, by the expiration of the con-
stitutional term for which the senator was
elected; the other, the accidental or un-
foreseen or unexpected Happening" of
some casualty to or upon the incumbent,
such as death before his term ended,
any other cause that should take him
from the ofRce to which he was elected.
1t is held that the method of choosing
senators for the full term having been con-
stitutionally provided for there remained
no other necessity of providing for the
filing of senator's seats except In case of
an accident happening, and this Is pro-
vided for by the words: eff vacancies shall
happen by resignation or otherwise during
the recess of the Legislature" etc. Plainly
and Enthusiastically the manner in which
such vacancies were to happen Is exemph-
fed by the word Resignation" and the
8uoltlou VI Inc Rouoiai HoioS w otuer-
wise" referred only to the unenumerated
methods of similar kinds by such acct
dent vacancy might occur.
eff we apply the ordinary rules of con-
says the report, there Is no
escape from this, but, If, as contended, the
word otherwise embraces any possible va
cancy, then 1t would be without limit or
qualification whatever, and the word res
ignation' would be eliminated and de-
stroyed. 1t may be added, also, without
that our respect for the learn
ing and common sense of the framers of
our constitution would be likewise de- |
stroyed."
If they had intended to provide that the
governor should fill every vacancy that |
could possibly happen during the recess of |
the legislature then they would have done
30, as they did in the case of a similar pro- |
vision for filling vacancies in the house |
which happen in the representation of any /
state, as provided in the fourth clause of /
section Q.
At this point the report discusses at
ength the exact meaning of the word /
happen" as used in the constitution and /
lenies that 1t is used indiferently for "oc-
sur" or "come to pass"
Continuing, the report says: The spec
.scle here presented of three states at the /
refusing to perform their
duty of electing senators to
his body, for the purpose of throwing |
,he appointment into the hands of the /
under the vicious presidents /
which have lately been established, is lit /
lie short of scandal upon constitutional /
1t enables US to see with i
what ease few ambitious and aspiring |
men in every legislature by combination
With tbs executive, can defeat the will of /
;he people and the plain purpose of the
constitution.
In the cases of Mantle and Beckwith the /
legislature adjourned before the vacancies /
occurred, despite their sworn duty to ELL /
hem. If legislatures can thus be permit
ed to tamper with the constitution and
avs of their country and be rewarded with /
SUCCESS and impunity, we respectfully sub
nit that great blow has been inflicted /
Upon the good order and legal government 1
# our country aud the permanency of its
Institutions.
The report afirms, as an urcontradicted Il
that where a governor has ex-
,rcised his power of appointment until the
Meeting of the legislature and that legisla-
ure has failed to fill the vacancy, the gov
'rnor cannot again exercise the appointing
power.
In conclusion 1t ia said that if the state /
1eglect or refuse to avail itself of that L
light there is no obligation on the part of /
he senate or of any other authority to
orce or compel by forced construction or
my other means to insure that perpetual
representation than simply this plain pro.
,ision of the constitution. We can neither
compel legislature to elect nor governor
20 appoint. In government based on
,he consent of the governed something |
must necessarily be left to the patriotism
md common sense of those to whom the /
government is intrusted.