New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-28
FOR THE APPOINTED SENATOR'S.
REPORT OF THE MAJORITY OF THE COMMITTEE

IN FAVOR OF SEATING THEM.
Washington March o7.-The reports Of the majority
of the Committee on Privileges and Elections, on the
contested election cases OF Messrs Mantle, Beckw'h
and Allen, appointed by the Governors OF Montana
Wyoming and Washington, were made TO the senate
to-day by Mr.. Hoar. Inasmuch as the facts are the
same In all. the test will be made in the case OF
Senator Mantle.
The majority state that they began their inquiry
with the primal and controlling mandate Of the Con-
stitution resting upon themthat the Senate should
be kept full. and that the separate representation
therein Of each State was the most important ano
Interchangeable single obligation which the instrument
creates. The Constitution provides that no state
should ever be deprived Of its equal vote In the
Senate. except by its own consent to change In
the Constitution itself, and this consideration was
held 10 be OF infinitely more Importance than the
question whether the appointment should De mace
BY the Legislature or the Executive.
In reply to the assertion that failure by the
Legislature to elect n Senator Is refusal by inc
State to be represented, the majority make twool
answer: First-That the Constitution OF the Cnitco
States did not to permit a State to refuse TO
be represented that this constitutional purpose
has carried out as far as possible by the statute
of 1866. Second-The inability Of state Legs
lature. where there is more than one candidate. TO
agree upon a Senator Is By no means equivalent
10 a refusal of a State TO elect one.
The majority hold that the power III
question resides in the Governor. The IAN
guage OF the Constitution. says the majority, Is
quite as well suited TO confer the power upon IN
Governor Of appointing to vacancy occurring al the
beginning of term, or TO vacancy which began 70
exist when a legislature actually In session ana
continued after the adjournment OF the LEGISLATURE
as any language likely 10 be used. They say:
We have then. first clear and controihne con,
stitutiOna purpose that every state shall bc III III
times represented in the Senate by two senators.
Second-A declaration by the Constitution tnat tnat
purpose Is to be accomplished by the authority inc
Executive Of the state when the Legislature mas aiIed
70 elect Senator . ....,.
Thhd-The use OF language in the CONSTITUTION
which, according TO good etd established usage, is
on the Executive In the case Of Il vacancy existing
tor an, cause whatever and at any time whatever
while The lie isature Is not sitting, whether contingent
or otherwise. =, A., 49,
Fourth-wherc like phraseology is used In the Con
stitution In regard to other Offices, IL has Dcen uni.
formly held TO have the meaning We attribute 10 u
here . -,
Fifth-The construction given by the very able
Supreme Court CT Indiana TO language substantially
IDENTICAL - -. T.,
sixth-The Senate has for many years past ~
variably recognized the controlling obligation OF tn,'
Of the Constitution even where the language
L doubtful or where literal construction would lead
TO another result.
Mr. Vance said that he Rad endeavored faithfully
10 have the minority reports ready for presentation
AT the same time as the majority reports; but had
net been able TO do so. He hoped TO have them
ready Tomorrow and suggested that the order to p1nt
should be withheld that the majority and minority
reports may be printed together IL was so ordered