Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-03-28

ouiry into the operations Of the lmml-
grafton laws, and were laid over tlli
tomorrow. The reports Of the majority
and minority on the contested election
case OF Lee Mantle, senator appointed
by the Governor of Montana, were made
70 the Senate to-day, Mr.. Hoar submit
ting the report Of majority 10 favor
of seating Mr.. Mantle, ana Mr.
Vance, Chairman of the Committee
the report against seating. There are
two other cases, those Of Mr.. Bec6with,
sDDointed by the Governor Of Wyoming,
and Mr.. Allen, appointed by the Gov
ernOr of Washington. InaSmuch as tne
facts are the same, the test will be MADE
in the case Of the Senator upon whose
credentials the report is made. IL Is
not unlikely that as this case Is decided
so will be the others. Both reports are
rather lengthy and quote vOlumlnouSiy
from the earlier decisions OF the Senate
upon cases dealing with the same queS-
tion. The majority state that
they begin their inquiry with the
primal and controlling mandate OF the
constitution, resting upon the Senate,
that the Senate should be kept full and
the separate representation therein OF
each State was the most important and
unchangeable single obligation which
the instrument creates. The consider
alton provided that no State should ever
be deprived OF It's equal vote In the Sen
ate except by its own consent 20 change
IN the constitution itself and this con-
sideration itself was held 20 be Of ind
nitely more Importance than the ques-
tion whether the appointment should
be made by the legislative or executive.
In discussing the subject OF vacancies,
the committee reproduce a part or the
famous debate between Webster aud
Calhoun. and reafirm the doctrine laid
down at that time by Mr.. Webster
when be took ais stand against State
sovereignty. Upon this line aud In re-
plv 10 an assertion that failure by the
Legislature TO elect Senator Is re-
fusal bv the State 10 be represented,
the majority make a twO-fOld answer;
First-That the Constitution Of the
United States did not mean TO permit a
state TO be represented and this con-
StitntiOnal purpose has been carried
out as far as possible 6y the statue OF
1SsO.
i
fslature, where there Is more than one
candidate, 10 agree upon a Senator, is
BY no means equivalent TO refusal OF
a State to elect one. The majority SET
ont in the argument with the clear, IN
ouestionable purpose Of the COnStitu-
ton 70 keep the Senate full, and tue
fact that every other purpose OF the
Constitution relating 70 such matters is
accomplished by holding that che
power In question resides 10 the
Governor. Tie language OF the Con-
stitition says the majority is
ouite as well suited 70 confer the power
un8n the governor 20 appointing TO a
vacancy occupying az the beginning OF
alterm, or 70 a vacancy, which began TO
exist when a legislature was actually IN
session and continued after the adjourn
rbent of the legislature as any language
tikely 20 be used. After quoting vari-
4. ohs definitions Of the word ''vacacy'
{he majority came 70 the conclusion
tbat the words Of the constitution con-
vev to an ordinary apprehension the
smple meaning, II there be vacancy
resignation or otherwise, the eXecu-
sive may make temporary appointments,
etc"
"The language Of the Constitution, y
laws the majority. "it seems 70 US, was
Carefully designed to apply to the case
lot OF a single vacancy, which might
occur only In a single recess OF the leg
iSlature but 20 every case where leglS-
lature having adjourned without action
alsecond or third vacancy should occur
which under the language OF the Con-
Asditution may be provided for by tenn
pbrarv appointments" This PROPOSE
Abn was supported by numerous deci-
shns. which are quoted hereafter, after
whldh the majority says;
"We have then, first, q clear and
controlling constitutional purpose that
every State shall be 40 all times repre-
sented in the Senate ey two Senators.
Second-A declaration by the con-
stitution that that purpose is TO be ac-
complished by the authority Of the
executive OF the State when the LegiS-
lature has failed 70 elect Senator.
Third-The language 10 'he cOnsti-
lotion which according tOi good es'
tablished usage is sufficient 10 its ordi'
nary meaning TO confer thiSpOwer on
the executive In the case of Ia vacancy
existing for any cause whatever and al
any time whatever while che legiSla-
ture is not sitting, whether contingent
or otherwise.
Fourth-Where like phraseology i:
used In the Constitution in regard &C
other Offices il has been uniformly held
10 have the meaning We attribute 70 il
bere.
Fifth-The cOnStructiOn'Riven by the
very able Supreme Court Of, Indiana e
language substantially Identical.
Sixth-The Senate has fof many years
past Invariably recognized the control
ling Of obligation Of this pqrpOse of the
Constitution, even whereSe e language
is doubtful or a liters constructioI
would lead 70 anOthe Result. Aftel
Quoting In extensO fro. Hhe Fell case
y the majority conclude their report a.
follows: 1T was shOSn by an unbrokeI
line OF decisions. with one possible bu
doubtful exception, that the senate hai
maintained authority OF the executive
10 appoint 20 a vacancy which occurs 8
the beginning o term BY reason Of TIT
awe 1--WE do not hki.necessary to insisr
upon the imp zee Of adherence bl
this high court rodents in judicia
matters. such 10 it's seats. Tbs
only alter at the judgment o
the Senate % rights OF th'