The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-28

Argument in Favor of Seating Senators
Named By the Executives of States.
Majority Report Submitted to the Senate BY
Mr.. Hoar-Stat Us Of the Russian Lxtra-
dition Treaty-Praise for Cleveland.


IN FAVOR OF ADMITTING THEM.
Majority Report In the Cases of Three Sem
ators Appointed by Governors
wAsHINGToS. March 27.-Ths presenta-
tlon Of petitions at the present extraordi-
nary session of the Senate was stopped to-
day at the suggestion OF Mr.. German, and
those petitions that may be received here
after are to be fled with the Secretary of
the Senate. to be presented at the next reg.
ulsr session.
The question as to the admission of the
three men appointed as Senators from the
States of Montana. Wyoming and Wash
ipgton was submitted in the shape OF a ma
jority report from the committee on prlvi-
leRes and elections in favor of their right
TO seats-the minority report against that
night TO Do presented to- morrow. Mr. Hoar
submitted the report of the majority. In
discussing the subject of vacancies the
committee reproduce q part of the famous
debate between Webster and Calhoun and
reaf1im the doctrine laid down at that time
by Mr.. Webster. when he took his stand
against state sovereignty: Upon TINS hhe
and In reply TO the assertion that q failure
by the Legislature To elect Senator Is
refusal by the State TO be represented, the
majority make two-f0ld answer.
First-Tnat the Constitution OF the United
States did not mean TO permit q state to be repre-
sentec and that this constitutional purpose has
been carried out as far as possible by the statute
OF 1866.
srcond-The inability OF a State Legislature
where there is more than one candidate To agree
upon n senator Is by no means equivalent to
refusal OF a state TO elect one.
The language OF the Constitution, says
the majority, Is quite rs we'll suited TO con-
fer the power upon the Governor of ap-
pointing TO u vacancy occurring at the be-
ginning of term. OF to vacancy which
began to exist when legislature was ac-
tually In session and continued after the
ndjournme Ut of the legislature, as any lan-
guage likely TO be used. After quoting
various definitions of the word vacancy"
the majority come To the conclusion that
the words OF the Consultation convey TO an
ordinary apprehension the simple meaning:
IF there be q vacancy, by esignatl0n or
otherwise. the executive may mako tenn
porary appointments" etc. The language
OF the Constitution" says the majority,
signed TO apply to the case, not
OF a single vacancy which might occur on
Iy IN o single recess of the Legislature. but
80 every case where q legislature having
adjourned without action q second or third
vacancy should occur, which under the
language of the Constitution, may be pro-
vided for BY temporary appointment"
This position is supported by numerous de-
majority says:
I've have then, first, clear and controlling
constitutional purpose that every State shall be
a. all times represented In the Senate by two
second-A declaration by the Constitution that
that purpose is to ne accomplished By the author
lature has failed 10 elect Senator
Third-Ihe use or language IN the Constitu,
ton which Is according To good and established
usage. is sufficient in its ordinary meaning to
confer this power on the executive in the case of
avacancy existing for any cause whatever, and
at any time whatever while the Legislature Is
not sitting whether contingent or otherwise.
Fourth-Where like phraseology Is used in the.
Constitution in regard TO other offices IL has been
uniformly held 10 have the meaning we attribute
Fifth-The construction given by the very able
Supreme Court OF Indiana 10 language substar-
TALLY identical.
sixth-Ihe Senate has for many years past in
variably recognized the controlling obligation OF
this purpose OF the Constitution even where the
language is doubtful or where a literal construo-
ton would lead TO another result
After quoting in exteuso from the Bell
case New Hampshire the majority con-
clude their report 40 follows:
IL was shown by an unbroken 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 a term by reason OF the fall
ure 10 eject. We do not think II necessary TO in
sist upon the Importance OF an adherence By
this high court To preocdents in Judicial matters
such as the title 10 It's seats. The only alterna-
tive is in the Judgment Of the senate whether
the rights OF the States are TO De dependent upon
the changing political majoritles OF this cham
Der. lt seems quite as important that the con-
struction given by the Senate TO the Constitu-
ton in proceedings of judicial nature should
be In fexi5y adhered to, except IN cases OF clear
error IN spite OF the grave and serious attempt
10 depart nom them IN times OF high political
excitement
When the report had been read Mr.. Call
made a very positive denial OF newspaper
or4ts 80 N.. hnA lsanw.
cising President Cleveland in the corridors
and elevators of the Capitol in connection
with appointments to office.
Dir. Chandler offered two resolutions.
which went over till tomorrow. one calling
on the Secretary of the Treasury for copies
OF orders. regulations, manifestos and Ger
tihcates prepared and Issued In execution
OF the immigration act of March 8. 1893 and
the other instruoting the COMMITTEES Ola i'm
migration to. inquire into the condition
and character of alien emigrants and into
tue working of the new immigration law,
with power to sit during the recess and to
send for persons and pers
The resolution heretofore offered by Mr..
Call In relation to the commission author
,zed By the last Legislative appropriation
Dill To examine into the civil service
government was called up. The commits
sion consists of three Senators and three
Representatives of the present Congress,
appointed by the two presiding officers of
the last Congress, and the resolution de.
cieres that provision of the law to be in
derogation OF the constitutional rights
powers and prerogativcs of each house. to
be otherwise vioiative of the Constitution
and to be absolutely null and void. Mr.
Gall addressed the Senate In elaboration Of
the principle declared in the resolution
and at the close of his remarks Mr.. Harris
suggested that the resolution be referred
to the committee on privileges and cleo
tons. Ii was stated, however. by Mr.
Ailson. that some Senators desired to
speak on the resolution and 1t was there
fore, passed over without action. The Sem
ate then proceeded to executive-session
business, and soon adjourned.
THE RUSSIAN TREATY.