The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-03
THE Err.
CAN THE GOVERNOR Appo1NTe

ing for United States senator in Mon
tana continues to the end Of the legisla-
tive session, as nov seems probable, the
question arises, can the governor appoint
a senator to succeed Colonel Sanders?
The San Francisco Argonaut in discuss
ing what would have happened in Cali
fornia had the present Legislature Of
that state failed to elect, takes the
ground that there would not have been
q vacancy which could be filed by the
governors appointment on the eXpira-
ton of the legislative session. The third
section of article one Of the constitution
of the United States says on this sub
ject: "If vacancies happen by resigns-
ton or otherwise, during the recess of
tive thereof may make temporary ap-
pointments until the next meeting Of
the legislature, which shall then fill such
vacancies"
The Argonaut insists that the failure
OF the legislature to elect doss not N
@titute a vacancy, as contemplated by
the constitution, and that the word
"otherwise," az used in that instrument,
embraces only death or expulsion from
the senate. 1t says:
Californis has herself notably given de-
monstration of this. In 1851 the legislature
tthen ANNUALLY failed to elect a successor to
Senate Fremont. and the state was. in con
sequence. represented in the United States
senate, during the session of ls51-52, by
Co.-A- G-;-. l-nx MI Ezh--:--l 49,
lat1re, of 1858. chose John b. Weller q,
senator. Again, the subsequent snnua
Legislatures of 1851; and 1856 failed TO elect
senator 10 succeed Senator Gwinn, and
not until the legislature in 1857 elected q
senator was the vacancy filed. California
was represented by but one senator in the
interim.
But the Argonaut is in error when it
says that a contrary opinion never has
been held from the organization of the
government till the present time. The
United States senate has virtually de-
clded by subsequent action that the
governor of California did not live up tc
his privileges when be failed to appoint
senators in the two cases cited.
In 1879, the United States senate
established q precedent which unques.
tlonably would govern it we're a senator
to be appointed from this state by Gov
ernor Richards at the expiration Of the
Legislative session. The official term OF
cambridge Wadleigh, one of the United
States senators from New Hampshire
expired on March 3, 1879. The regular
session OF the Legislature of that state
did not convene till the following June.
Governor Prescott appointed Charles
II. Bell as Mr.. Wadleigh's successor.
The question was raised when Bells
credentials were presented to the United
States senate, whether the governor had
the right to appoint. The matter was
referred to the committee on privileges
and elections, which reported against
Mr.. Bells admission by a vote OF SIX to
three. The senate itself, however, re-
verRed the decision of its committee, and
by a vote Of - to % admitted Mr.. Bell.
This completely ~disposes Of the Califor-
MA theory. 1t is the action Of the
United States senate itself, a body that
BUCKS Win lehaclly 10 us own prece-
dents.
II the nine democrats in the Montana
Legislature who refuse to submit to ma
I9Tlty rule persist III their course of
obstruction, they viii soon SEQ Sanders
or Mantle on tie way to Washington
bearing a commission from Governor
Richards which will secure TO hIm a two
years term in the United States senate