Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1893-03-31
TERMS OF SUBSCRIPTION:
An Elective 0nlce.

An Elective Ohice.
WASHINGTON, d. c. March 2s.-The
minority report Of the committee on
priyilc- and elections on ;he case of
Lee Ma le appointed senator by the
govern Of Montana. finding he is not
en;itle % his seat, has been submitted
to Chr uan Vance. 1t is signed by
Vance. Gray, Palmer and Mitchell, The
report says the question is, could the
governor of a state appoint senator at
the beginning Of a term, the legislature
being IN session aud failing to elect?
Ii contends that the original terms of
senator's must begin by being chosen by
the legislature. As there are but two
ways Of constituting senators, there are
bnt two ways OF creating vacancies, one
by expiration of his term, the other by
an accidental or unforeseen happening,
such az death, resignation, expulsion or
disqualification,
The report deals at length with the
manner NJ 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 correctness Of that statement, al
though its purpose was to have state
representation full by operation of the
provisions for filing regular terms both
al the beginning and as they legally ex
pire, for providing against any accidental
or unforeseen casualties by which seats
thus filed might become vacant other
than by legal expiration Of terms, Fur
Their than this no man can say, asserts
tho minority, that the constitution max
ers intended to g. The majority says,
continues the report, that permissive
power to appoint controls and is para
mount to the mandatory power of the
Legislature TO eject, which is illogical in
the extreme. The language clearly is
only intended to give the state execu-
tiyes the right to keep the senate full
by appointments and nothing more. In
every mention in the constitution of the
creation of majors, but one-an cleo
tion-Is contemplated. The danger
arising from the failure of state to
have full representation for short time
Is not for a moment to be compared with
the danger which comes from depart
ure from the constitution.
The spectacle is here presented of
three states at the same time and in the
same manner and by the same or similar
combinations refusing to perform their
constitutional daty Of electing senators
to this body for the purpose of throwing
the appointment into the hands of the
executive, under the vicious precedents
which have lately been established, is
little short Of scandal upon the consti
tutional government. 1t enables us to
see with what ease a few ambitious and
aspiring men in every Legislature, bv "A
combination with the executive, can de-
feat the will of the people and plain pur-
pose of the constitution. In the cases
of Mantle and Be'kwith the legislatures
adjourned the day before the vacancies
occurred, despite their sworn duty. to
fill them, II a Legislature can thus be
permitted to tamper with the constitu-
tior and laws Of the country and be re-
warded with success and impuuity. we
respectfully submit that great blow
has been inflicted upon the good order
and legal government of our country
and permanency of its institutions.
The report aliirms as an uneontradicted
proposition that where the governor
has exercised his nower of appointment
until meeting Of the legislature and
tie legislatu bas failed to fill a cacancy
the governor can rot again exercise the
appointing power
In conclusica. it is said if. the state
neglect or reius, 70 avail itself of that
right, there Is no obligation on the part
of the senate or any other authority to
force or compel by forced construction
or any other means to insure that per
petdal representation than simply this
plain w oyision Of the constitution. We
can neither compel the legislature to
elect nor tha governor to appoint in
government based upon consent Of the
governed, but something must be nee
essarily left to the patriotism and com
mon sense If those to whom the gov
ernment is intrusted
Boys is hasrid. That is what all girls
SEE. They Cont say SO SO es they wunt
get PLACED. Boys like to hav girls think
they are TUT, Mi big sister seq tuff BOYS
generally turn out best. / hay never