The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-02-08
Appointing a United States Senator


The deadlock in the legislatures of sew
eral states over the election of a United
States senator, has sprung question on
the power of state Governor to appoint
in case OF failure to elect. This IS occa-
stoned. more than anything else, per-
haps, by the alleged fact that such an ex-
ercise of authority is without precedent.
A paragraph in yesterdays HERALD
quoted the San Francisco Argonaat as
making this point.
But, on the other hand, while it may
be true that United States Senator has
never been appointed by governor,
that does not prove that it could not be
done. Has there ever been a time when
state legislature failed to elect when an
election was necessary? If the occasion
had arisen and an appointment had been
attempted and failed, there would be bet
ter ground for the objection now raised as
to gubernatorial authority.
The Argonaut takes the ground that the
governor cannot appoint except through
the death or resignation of the incum-
bent, and that if the legislature fails to
elect the seat will be vacant and the state
will be short of a Senator. Other papers
think the outgoing Senator could hold
over in case of the failure of an election.
In all such matters it is we'll to go back
to first principles. The Constitution of
the United States provides for the election
of United States Senators by the state
legislatures, two from each state, each
Senator to have one vote. The Senators
are to be divided into three classes, and it
is further provided that:
'sThe seats of the Senators of the first
class shall be vacated at the expiration of
the second year, of the second-class at
the expiration of the fourth year, and of
the third class at the expiration OF the
sixth year; and if vacancies shall happen
by resignation or otherwise during the
recess of the legislature of any state. the
executive thereof shall make temporary
appointments, until the meeting of the
next legislature, which shall then fill
snch vacancies
1t seems clear, then, and beyond dis
pute, that when the term OF Senator ex-
pires, the Office becomes vacant, unless
the legislature has elected some one to
fill the place. There is no 'hold over''
business connected with the Office. The
term is fixed and the incumbency ceases
at its expiration. 1t appears equally
clear that if the legislature does not elect,
a vacancy existing, the governor must
appoint person to FIJI it until the next
session OF. the legislature.
The vacancy occurs Immediately upon
the expiration OF the term, and chap
pens'' If the legislature adjourns without
electing. 1t may "happen by resigna
ton or otherwise. - The latter word has
very wide Specification and covers all
the ground. In the light OF the consti-
tutional requirements it would seem that
the power of the governor of a state in the
premises is beyond question.
The right of each state to equal repre-
sentation in the upper House OF Congress
is guaranteed in the Constitution. To
debar a state from that representation be-
cause of a lack of unity in the legislature
or an excess of ambition on the part of
senatorial aspirants would be unjust. To
bubble over the remedy which the con-
stitution has provided to cure such an
evil with evident intent to meet any prob
able emergency, is paltry caviling and
waste of words. The pretended argu-
ment against senatorial appointment by
governor in case of failure to elect is
both groundless and absurd. And there
is no doubt that the Senate of the United
States would settle the matter, in short
order. when an appointed Senator pre-
scented his certificate of appointment duly
signed and sealed by the executive of his
state.