New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-30
SENATORcHIP TITLES IN DISPUTE.

DISCUSSION OF THE REPORT on THE SENATORS
APPOINTED BY GOVERNORS.
Washington, March 90 GpeclaD.-The Senate took
up to-day in earnest the interesting question OF uue
raised by the recent appointment OF Messrs Mapue,
Beclswith and Allen Senators by the Governors OF
Montana Wyoming and Washington. AS IS well
known, the Legislatures in these three States al
iohrned without clccting Senators to fill siX-year
terms beginning on March 4. and in each case the
Governor used after adjournment what he thoush,
his clear right-tO appoint. The question at issue
among the lawyers OF the Senate Is whether or ho1
the Governors of three States acting within
the limit Of the constitutional provision when they
made appointments, not to I'll temporary vacancies
occurring by chance but for new and unbroken TERMS
fixed and regulated In advance TO which 1t was the
constitutional obligation OF the Legislatures wdch
met last winter to elect
There Is no doubt that the text OF the Constitution
leaves such case as is presented TO the senate
more or less uncovered. and It Is only by strained
interpreiatio one way tn, other that either side
can make It's point as to the character OF the title
offered by the three Apprentices. The senate VIII nave
TO set precedent, therefore, Of It's own In settling
the dispute for all. and the meaning OF the Con-
shuon will have 10 be determined In accordance WIN
practical convenience and common sense. rather than
BY abstract and har-splltflng legal argumenation
II looks now as II the view Of the majority OF the
Committee on Privileges and Elections presented by
Mr.. Hoar, will be accepted by the senate, ana the
alternative power OF Governor to keep the states
quota of Senators always full even when the Legs
lature fails in ito duty to elect will be established by
a vote OF the senate itself.
Mr.. Hoar called up, question Of privilege the
resolution reported by him from the Committee on
Privileges and Elections declaring that Lee Mantle
entitled be admitted to his seat Senator from
the state OF Montana.
Mr.. Pugh. who had Joined in the report OF tic
majority, proceeded address the Senate in favor
ot hot Tho NJ fho prp-
scented would BE- conceded we'll the necessity for
a solution Of IL By the Senate. that would be
cepted hereafter as final Unfortunately the decision
OF the question heretofore had beep Influenced
less by the fact that the Governors appontec
q Democrat Republlcan-as was shown by
the division Of the votes OF Senators party lines
He argued from the debates In the constitutional con
ventOn that the existence Of the vacancy from
cause the crucial test OF the power Of tire Gov
crn0r TO Ill the vacancy" The vacancy "hoppened
(hc argued) II It "exised."
Mr.. Hoar gave explanation Of a statement made
by him In a former debate similar subject In
which he took ground different from that taken by
him now. The that he had given then 10 a
question by Mr.. Carpenter, OF Wisconsin, had been
an obiter dicium" and, almost Immediately
nec,ion after that debate was over had become salts
fled that he had been In error that the principle
which affected oil such that the senate must
be kept fu) would require the broad construction
now proposed 10 DC gwen 10 the constitutional pro
vision.
Mr. George asked whether Mr.. Hoars contention was
that Ohe Legislature having met and failed elect
Senator) the Governors appointment Stood
whether the Governor would nave TO make a new
appointment after every adjournment OF the Lcgsla
lures
Mr.. IIoar replied that, IN his opinion, the Governor
should make new appointment after every adjourn
ment OF the Legislature.
Mr.. George-,O that In the case OF annual Lcgis
latures, the Governor might by successive appoint
ments provide for the full term Of six years
Mr.. Iioar-That is exactly my proposition.
The discussion further continued by Messrs.
Vest Plat and Mitchell against the position taken
by Mr. Iioar.
Mr. Mitchell. attacking Mr.. II0ar's statement that
that the Senate must be kept full all the time, put
the case OF legislature falling to elect Senator
and OF a Governor refusing TO appoint one.
MIR. Hoar's feply that superstition was that q
high public officer would perform the duties OF his
office. ~
The matter went over till tomorrow. Mr.. Mitchell
having the floor to defend the minority report.