The record-union., 1893-03-29
Special to the REcoRD-UN1oS.

Special to the RECoRD-UNIoN.
WASHINGTON, March 2S.-The minority
report of the Commhtee on Privileges
and Elections in the case of Lee Mantle,
appointed Senator by the Governor OF
Montana, finding that he was not en-
titled to his seat was submitted by Chair
man Vance. 1t is signed by Vance,
Cray, Palmer and Mitchell.
The report says: 1.-THE question is,
could the Governor of a State appoint a
Senator at the beginning of new term,
the Legislature being in session and fail
ing to elect?' 1t contends that the orig
lnal terms of Senators must begin by be-
ing chosen by the Legislature. AS there
are but two ways of constituting Sena-
tors, there are but two ways of creating
Vacancies-one by the expiration of the
term, the other by an accidental or un-
foreseen happening, such as death, resig-
nation, expulsion or disqualification"
The report deals at length with the
the manner of constituting Senators and
creating vacancies. Touching the con-
tention that the Constitution requires the
Senate membership to be filled by any
and all means, the report denies the cor
rectness of that statement, although it's
purpose was to have State representation
full, by operation of the provisions for
filling regular terms, both at the Begin
ming and as they legally expire, provid-
ing against any accidental or unforeseen
casualties by which seats thus filled
might become vacant other than by legal
expiration of terms. Further than this
no man can say, asserts the minority,
that the Constitution makers intended to
go.
1.-THE, majority say" continues the re-
port, that permissive power to appoint
controls and is paramount to the manda-
tory power of the Legislature to elect
which is illogical in the extreme. The
language clearly Is only intended to give
State Executives the right to keep the
Senate full by appointment, and nothing
more. In every mention in the Constitu-
ton of the creation of Senators but one. an
election, is contemplated. The danger ar
rising from the failure of a State to have
full representation for short term is not
for moment to be compared with the
danger which comes from departure from
the Constitution. The spectacle here pre-
sented of three States at the same time,
and in the same manner, and by the same
or similar combinations, refusing to per-
form their constitutional duty of
electing Senators to this body, for the
purpose of throwing the appointment
into the hands of the Executive, under
vicious precedents which have lately been
established, is little short of a scandal
upon constitutional government. 1t
enables us to see with what ease a few
ambitious and aspiring men in every
Legislature, by combination with the
Executive, can defeat the will of the peo-
pie and the plain purpose of the Consti-
tuition.
''1n the cases of Mantle and Beckwith.
the Legislatures adjourned the day before
the vacancies occurred, despite their
sworn duty 90 fill them. If Legislature
can thus be permitted to tamper with the
Constitution and laws of the country, and
be rewarded with success, we respect
fully submit that great blow has been
inflicted upon the good order and legal
government of our country and the per-
manency of its Institutions"
The report af1irms as uncontradicted
the proposition that where a Governor
has exercised his power to appoint until
a meeting of the Legislature, and the
Legisiatured failed to fill the vacancy, the
Governor cannot again exercise the ap-
pointing power. In conclusion, it is said
that if State neglects or refuses to avail
itself of that right, there is no obligation
on the part of the Senate for any other
authority to force or compel by forced
construction or any other means to insure
that perpetual representation than simply
this plain proposition of the Constitution.
I'VE can neither compel Legislature to
elect nor Governor to appoint. Some
thing must be necessarily left to the
patriotism and common sense of those to
whom the Government is intrusted."