The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-03-29
THE SENATE MUST BE FULL.

THE SENATE MUST BE FULL.
The report of the Senate committee in
favor Of the seating OF Mantle from Mon
tana naugurates new policy, which Will
probably govern hereafter. Under the rule
which has thus far prevailed the power of
an executive to appoint a Senator only
accrued when the Legislature had had no
opportunity OF filling g vacancy. When the
Legislature had met after the vacancy had
occurred and had adjourned without filling
II. it was held that the State did not care TO
avail itself of lis right to full repre-
in the Senate, and the Senate acqulesced in
its decision on the ground that il ought 10
know best what its own in ierest re quired.
Now Senator Hoar and his committee hold
that the paramount consideration in the
case is to keep the Senate full. and that,
where a Legislature neglects to choOse
Senator, or is unable to decide between sew
eral candidates, it is the duty of the Gov
ernor to supply the deficiency IN order that
the ranks of the Senators shall be kept full.
1t does not appear that the interests of party
have contributed to this decision. II they
have, the Senate viii reject the majority
and adopt the minority report, which would
leave things as they are.
There is good deal of common-sense in
the reasoning by which Senator Hoar sus-
taius his report. The idea of the fathers
undoubtedly was that each State should
have an equal representation in the Senate.
and for that reason they clothed State Gov
errors with the power to fill vacancies
whenever the Legislature failed 10 elect
Senators. If. owing to the rivalry of candi-
dates for the Senate, State should be de-
Drived Of its repres entation and in copse-
quence measures of legislation should pass
which are detrimental TO its interests and
which would not have become laws if it
had been fully represented wrong would
be done which would call for remedy. The
purpose of our system is to have all the
people concur in making the laws. That
purpose Is defeated If q portion of the peo-
pie are debarred from the exercise of that
right through tue squabbes IF rival COM
petitors for the post of Senator.
The new doctrine Is in line with the
proposition that the exercise of political
action is duty as well as privilege. Uu-
der our present system constituency cannot
be compelled to elect a member of Con-
gress. In reconstruction times districts in
States which had been in rebellion some
times refused to hold elections for Con-
gressmen. There was no way of coercing
them. The business of Congress went on
without their aid. 1t was bad for them ard
bad for the country. But there was no
help for it. 1t was this defect in our sys-
TEN which led the trainers of the German
constitution to provide for second and third
elections where there had been no chuice at
the first
Mr.. Hoar must have realized how change
able political opinion is when he contrasted
his present contention with a memorable
passage in the history of his own State.
For four years Charles sumner, invaded
by the murderOus attack of Brooks of
South Carolina, absented himself from his
post in the Senate, and the representation
OF Massachusetts was not "fulf'-to use
Mt. Hoar's word. Mr.. Sumner offered fire.
quently to resign. but the feeling of Massa-
chusetts was that his empty chair was
eloquent, and that it did not become the
old Bay State to fill it. Still. under Mr.
Hoar's exposition of the constitution Mas
! sachusetts ought TO have accepted the resig-
nation and chosen another man in MIR.
Summers place.
II the new ruling takes lis place among
the authoritative interpretations of the con-
stitution it is to be hoped that some one
will follow it uD by declaring the discharge
! of all political duty imperative. In these
times every Congressional district sends its
member to Congress. But it is easy to
conceive crisis like that of 1860 and 1866,
when certain malcontent constituencies
might sulk and refuse 10 send delegates 10
body of whose proceedings they disap-
proved. 1t would be consistent and logical
to amend the constitution so as to clothe
the Governor with power to appoint in such
!
compulsory. II a man is elected to the
| Legislature he is bound to attend its ses-
sions. and in case of recalctrance may be
dragged to the Capitol by Sergeant-at-
Arms, and. as it seems. may be forced to
vote. But if a district refused to elect q
member 1t is hard to see how 1t could be
! coerced