The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-28
Probability That Senate Will
Concur in Majority Report.
CASE REVIEWED At LENGTH.
President Cleveland Conciliating tho
Senators From the South.
The West Snubhed Again-Not ~ Al.
pointmens for Dsmocrass Of the
Oecident-An Old Lady Disputes the
Pfoeidont's Title.

WASHINGTON CRY, March 27.-fSpecial. !
The action Of the majority of the COM
mittee on privileges and elections in re-
porting in favor Of seating Senator Mantle,
from Montana, would seem to indicate
that the senate will decide that the COVER
nor of state has . right to appoint .
senator after the legislature shall have
failed to elect. The decision of the COM
mittee establishes . precedent which will
probably guide the same body in the
cases of Senator Allen, of Washing.
ton, and Beckwith, of Wyoming, both of
whom were appointed under exactly SINH
lar circumstances. While the report was
not the unanimous verdict of the commit
tee, there is every reason to believe that it
will be indorsed by the senate, and that
the three gentlemen named will be declared
duly entitled to represent their respective
states until their successors are chosen by
the legislatures OF their respective states.
Senator Hoar made the report for the ma
jority of the committee. 1t is long and
quotes voluminously from early decisions
OF the senate upon cases dealing with the
same question.
The majority state that they begun their
inquiry with the primal and controlling
mandate of the constitution resting upon
them. that the senate should be kept full,
and that the separate representation
therein of each state was the most
important Interchangeable single obliga-
tion which that instrument creates. The
constitution provided that no state should
ever be deprived of an equal vote in the
senate except by its own consent or
change in the constitution itself, and this
consideration was held to be of infinitely
more importance than the question of
whether the appointment should be made
by the legislature or executive. In dis
cussing the subject Of vacancies the COM
mlttee reproduces, q part of the famous
debate between Webster and Calhoun, and
reaffirms the doctrine laid down at that
time by Webster when he took
stand against the state sover-
eighty. Upon this line and in reply
to the assertion that tho failure of the
legislature to elect senator is q refusal
by the state to be represented, the major
ity make two-fold answer:
Fint-That the constitution of the United
States did not mean to permit state to be un-
represented, and that this constitutional pur-
pose had been carried out ~ far a. possible by
the statute OF 1866
Second-That the inability Of state legisla.
ture, where there Is more than one candidate, to
neree upon senator is by no means equivalent
to refusal of the state to elect one.
The majority set out in their argument
that the clear and unquestionable purpose
Of the constitution is to keep the senate
full, and the fact that every other purpose
of the constitution relating to such mat
ters is accomplished by holding that the
power in question resides in the governor,
and says:
The language of the constitution 10 quite a.
we'll suited to confer the power upon the gov
ernor of appointing to I'LL . vacancy occurring
at the beginning Of q term, or to vacancy
which began to exist when the legislature was
actually in session and continued after the ad-
journment of the legislature, - any language
likely to be used.
After quoting various definitions of tho
word Vacancy" the majority come to the
conclusion that the words of the constitu-
ton convey to the ordinary apprehension
the simple meaning that if there be va
cancy, by resignation or otherwise, the
executive may make temporary appoint
ments, ETC., and continues:
The language Of the constitution, It seems to
US, was care ully designed to apply to every
case: not to . single vacancy which might oc-
cur only in single recess of the legislature,
but to every case where the legislature having
adjourned without taking action, q second or
third vacancy should occur, which under the
language OF the constitution may be provided
for ey temporary appointment
This position is supported by numerous
decisions quoted hereafter, in which the
majority says:
We have then:
First-The clear controlling constitutional
purpose, that every state shall bs at all times
represented in the senate BY two senatora
Second-The declaration by the constitution
that this purpose is to be accomplished by Civ
ing authority TO the executive of q state when
the legislature has failed to elect q senator
Third-The use OF the language in the constt-
tuition, which according to good and established
usage Is sufficient IN its ordinary meaning to
confer this power on the executive In case of q
vacancy existing Tor any cause whatever and At
any time whenever. while the legislature Ia not
sitting. whether contingent or otherwise
Fourth-Where like phraseology 10 used in
the constitution in regard 10 other Offices It has
been uniformly held TO have the meaning We
attributed TO il here.
Fifth-The construction given BY the able su.
preme court of Indiana 10 Ia language substan-
TALLY Identical
sixth-The senate has for many years past in
variably recognised the controlling obligation
Of this purpose of the constitution, of which
the language 10 doubtful or where . literal
construction would lead to another result
After quoting in extenso from Bell
(Sew Hampshire), the majority conclude
their report as follows:
1t 10 shown by an unbrosen line OF decisions,
with one possible but doubtful exception, that
the senate has maintained the authority of the
executive TO appoint to a vacancy which occurs
at the beginning Of q term by reason of the fall
ure Of the Legislature to elect. We do no, think
it necessary to insist upon the Importance of ad-
aerence by this high court 10 precsdenss in Judi.
ciai matters such as would be q title
TO its seal The only alternative il in the
judgment of the senate, whether the rights Of
states are to be dependent upon Changing the
political majerties of this chamber. 1t seems
quite as important that the construction given
by the senate 10 the constitution in proceedings
OF q Judicial nature should be iafssxioly adhered
TO- exeep. in cases of clear error in spite OF the
grave and serious attempt, which must not be
ses By this tribunal beyond ali Others TO depart
from them in times OF high political excitement
Fourth Assistant Postmaster Maxwell
today indicated the line of policy which
will govern him in the selection of about
SC, 600 foursh-class postmaasers this year.
He said:
In ths first place don't propose to permit un-
successful poiiticia2s To dictate appointments
Ex-congressrnen and men who ran for congress
snd were defeated wiii not control APPOINT
fnents under ne In = state where there
/, not Democratic senator. and in districts
represented by Republicans In congress the
state, district or county Democratic committees
ho akA A~tt- t.