The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-15
THE GOVERNOR COULD APPOINT.

ne stHte Ul washington mas u leHlS-
lative deadlock like that of Montana,
and the probability that the Legislature
will fail to elect a senator gives rise to
the question that is agitating the polit-
ical parties in Montana. What will hap
pen if the legislature fails to elect?
The Washington correspondent of
the San Francisco Chronicle has been
looking up preoedents and contributes
this information on the question: The
matter has been decided over and over
again by the senate from the foundation
OF the government down to the period
covered by the last few years. The law
says the legislature Of each state which
is chosen next preceding the expiration
OF the time for which any senator was
elected to represent such state in con-
gress, shall, on the second Tuesday after
the meeting and organization thereof,
proceed to elect a senator to congress.
When New Hampshire some years ago
adopted a new constitution it provided
that the biennial legislature chosen in
November of eve years should not meet
until the following June. Consequently
when the senate happened to be called
in extra session, as is usually the case
upon the advent of a new administra-
ton IN order to confirm the appoint
ment of the new cabinet and other off.
Gals, that state was represented by only
one senator in 1879. Charles H. Bell
was appointed by the governor to fill the
vacancy during the legislative recess,
the term of one of the senators having
expired on the 4th of March. The same
condition existed after the 4th Of
March, 1885. Bell was admitted to a
seat in 1879 which he held until the leg
islature met in June and elected Henry
w. Blair. In 1885 Blair was appointed
to fill the vacancy caused by the expira-
ton of his own term of office, and was
admitted, the legislature in June for
mally electing him to the position by an
act. In the whole history of the gov-
eminent there has been but one in
stance, that of James Lanham, ap-
pointed senator to fill a vacancy, BY the
governor of Connecticut in 1929, where
the applicant was denied a seat. In the
Lanham case, however, it appeared that
that the governor appointed a senator
pro tempore before the expiration of the
term of office of the retiring senator. In
other words, a vacancy had not yet hap
pened, and that was the distinction
made. The ablest ~jurists Of the coun-
try have acquiesced IN the right of the
governor OF a state to thus fill a vacancy.
Roger B. fancy, George f. Edmunds
and many other equally famous lawyers
have given their adherence to the doc
trine Oh the ground that the constitu-
tion gives to each state the right to two
representatives. in the senate, and in the
absence OF a session of the legislature
there is no way to fill the vacancy ex-
cept by the appointment Of a man by
the governor.
This IS the view generally held by the
best lawyers in the senate, and there
would seem to be no question that the
senator appointed by Gov. Richards, in
the failure of the legislature to elect.
would got his seat. There will be no
vacancy until after the adjournment of
the legislature on March 2. There will
be a vacancy On the 4th day Of March,
and the governor can then appoint.