The record-union., 1893-03-28
Special TO the REcoRD-UNIoN.

WASHINGTON, March 27.-It is ex-
pected that the cases of United States
Senators appointed by the Governors OF
their States will be soon settled by the
Senate.
The majority report on the case of Lee
Mantle, who was appointed United States
Senator by the Governor of Montana,
was made to-day.
In discussing the subject of vacancies,
the committee reproduces part of the
famous debate between Webster and Cal
houn, and reaffirms 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 that the failure by the Legislature to
elect Senator is refusal by the Senate
to be represented, the majority makes
the twofold answer:
EirSt-Ihat the Constitution of the
United States did not mean to permit a
State to be unreDresented, and that this
constitutional purpose has been carried
out as tar as possible by the statute of
1866.
Second-The inability of the State Leg
islature where there is more than one
candidate to agree upon a Senator is by
no means equivalent TO a refusal of the
State TO elect one.
The majority set out by holding that
the power i'll question resides in the Gov
ernor. The language of the Constitution,
says the majority, is quite as well suited
10 confer the power upon the Governor of
appointing to vacancy occurring at the
beginning Of the term, or to a vacancy
which began to exist when the Legislature
was actually in session and continued
after the adjournment of the Legislature,
as any language likely to be used.
After quoting the various definitions of
the word vacancy" the majority comes
to the conclusion that the words of the
Constitution convey to the ordinary ap-
prehension the simple meaning that ii
there be vacancy by resignation or
otherwise, the Executive may make tenn
porary appointments, etc.
The language of the Constitution" :"
say the majority, ''it seems TO US was
carefully designed to apply TO a case of
not only single vacancy, which might
occur in single recess OF the Legislature
but 10 every case where the Legislature
having adjourned without action, a sec
ond or third vacancy should occur, and
which. under the language of the Consti-
tuition, may be provided for by tempo
rary appointments"
This decision is supported by numerous
decisions quoted hereafter, on which the
majority say:
I'VE have, then: First-The clear, con-
trolling constitutional purpose that
every State shall be at all times repre-
sented in the Senate by two Senators.
''Sccond-The declaration by the Con-
stitution that the purpose is to be accom-
p.ished by the authority Of the Executive
of the State when the Legislature has
failed to elect a Senator.
"Hhird-rhe use of the language in the
Constitution, which according to good
and established usage, is sufficient in its
ordinary meaning to confer this power
on the Executive in case of vacancy ex-
listing for any cause whatever and at any
time whatever while the Legislature Is
not sitting.
"Fourtn-Where like phraseology is
used in the Constitution in regard to
other offices it has been uniformly held
To- have the meaning we attribute to it
here.
"Fitth-This construction is given by
the very able Supreme Court of Indiana
in language substantially identical
''~ixth-The Senate has for many years
past invariably recognized the controlling
obligation Of this purpose of the Consti-
tuition, even where the language is doubt
tul or where literal construction would
lead to another result"