The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-03-29
The OTHER SIDE HEARD.
Reasons of the Senators Opposed
to the Seating Of Mr..
Mantle.
Permissive Power to Appoint not
Paramount to the Mandate
to Elect.
Legislatures That Tamper With the Con-
stitution Should not He Rewarded
With Success and Impunity.


report OF the committee on privileges and
elections In the case OF Leo Mantle, ap-
pointed senator by the governor OF Mon
tana. finding he is not entitled to seat,
was submitted by Chairman Vance. IT is
signed by Vance. Gray, Palmer and
Mitchell. The report says the question ia,
could the governor of the state appoint a
senator at the beginning of term, the
Legislature being in session and failing to
elect? II contends that the original terms
of senators must begin By being chosen by
the Legislature. As there are but two ways
of constituting senators. there are but two
ways of creating vacanoiea-one by the ex-
Piration of the term, the other BY an acci-
dental or unforeseen happening, such as
death, resignation. expulsion or disqualii-
cation.
The report deals at length with the man.
ner of constituting senators and creating
vacancies. Touching the contention that
the constitution requires the senate mem
bership to be filled by any and all means,
the report denies the correctness of that
statement, although it's purpose was to
have the representation full by operation
of tho provisions for filling the regular
terms of both at the beginning, and as they
legally expire; for providing against any
accidental or unforeseen Casualties by
which seats thus filled might become vacant
other than by legal expiration of terms.
Further than this no man can say, asserts
the minority, that the constitution makers
intended to 20. The majority say. con-
tinues the report, that the permissive power
to appoint controls. and is paramount to the
mandatory power of the legislature to elect,
which is illogical in the extreme. The
language clearly is only intended to give
state executives the right to keep the senate
full by appointments. and nothing more.
In every mention in the constitution of the
creation of senators. but one-an election
is contemplated. The danger arising from
the failure of the state to have full repre-
sentation for a short time is not for
moment to be compared with the danger
which comes from departure from the con-
stitution. 54qs-f
The spectacle here presented of three
states at the same time. and in the same
manner. and by the same or similar combi-
nations. refusing to perform their consti-
tutionnl duty of electinR senators to this
body, for the purpose of throwing the ap-
polntment into the hands of the executive,
under vicious precedents which have lately
been established, ls little short of scandal
upon constitutional government 1t ena-
bles US to see with what ease few ambi-
tious and aspiring men in every legis-
lature by combination with the executive,
can defeat the will of the people and the
plain purpose of the constitution. In the
cases of Mantle and Beckwith the legisla-
lures adjourned the day before the vacan-
cies occurred. despite their sworn duty to
fill them. If a Legislature can thus be per-
mitted to tamper with the cons titution and
laws of the country. and be rewarded with
success and impunity. we respectfully SUBJ
init that a great blow has been inflicted
upon tho good order and legal government
OF our country and the permanenoy of its
institutions.
The report affirms as uncontradicted the
proposition that where the governor has
exercised the power Of appointment until
meeting of the Legislature. and the legisla-
ture failed to fill the vacancy, the governor
cannot again exercise the appointing power.
In conclusion it is said that if q state
neglect or refuse to avail itself of that
right. there is no obligation on the part of
the senate or any other authority to force
or compel, by forced construction or any
ether means, to insure that perpetual repre-
sentation than simply this plain provision
of the constitution. We can neither COM
pei legislature to elect nor governor to
appoint. In government based upon the
consent of the governed something must
be necessarily left to the patriotism and
common sense of those to whom the gov
eminent is intrusted.