The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-08

East, Ike the New York Tribune ana the
Philadelphia Press, indorss the position
taken BY the Posr-IHrELL1eENcER that in
the case of Senator Allen the governor had
clear right to appoint The plea Of
the opposition to this view, voiced by Sena-
tor Vance. of North Carolina, and merely
repeated by Senator Mitchell. of Oregon,
was that 1.-THE men who framed the con-
stitution Of the United States, after having
designated tribunal to perform . consti-
tutional function, never dreamed Of pro-
viding substitute to perform that consti.
tutional function. In the event of the failure
on the part of the tribunal originally pro-
vided to do its duty" This 10 the kind
Of argument by which these senators
thought to establish the proposition that
the Legislatures Of Montana. Washington
and Wyoming. which should have elected
senators, having failed to do 20, the gov.
cies created by that failure. This ''argu-
msnt" has no foundation of constitutional
fact, for the constitution designates the
electoral college to elect the president Of
the United States, and that body failing
to do 90 BY reason Of no candidate receive
ing . clear majority. the house of repre-
sentatives performs this duty for it It 10
the duty Of the president and senate to
make appointments, but failing to concur,
and the senate having adjourned, leaving
Offices vacant, the president performs alone
what was before q joint duty.
In the case Of Senator Alien the legis-
lature. being composed of three parties
and . Turner remnant, none having .
majority. was unable to elect senator,
and after repeated failures to agree ad-
journed. Gov. McGraw. In the recess Of
the Legislature. filled the vacancy BY ap-
pointment, ~ he should have done By
and under the national constitution,
which has wisely made provision for the
proper discharge of governmental func-
tions when the tribunal or officer primar-
lily charged with . particular duty 10 UNI
able to perform it. This is IN substance
the view Of the Philadelphia Press. The
New York Tribune is equally positive and
unqualified in its support of the
view that Gov. McGraw executed the
clear intent OF the Federal constitution
when he appointed Senator Allen. The
Tribune grants that literally the language
of the constitution does not empower the
governor TO appoint in such cases as those
OF Montana, Wyoming and Washington,
but points out that if that authority is not
conceded as just implication of the law,
the state is left without its equal suffrage
in the senate, and that the constitution
declares shall never occur without the
states consent To the plea that this con-
sent 10 given when tho legislature volun-
tarily declines or omits to elect, the Tri-
bans replies that no such meaning was in
tended by the constitution. What the
constitution plainly intended was that the
basis Of equal representation in the upper
house of congress should never be dis
turbed. so long as any state objected. 1t
did not mean that a state might volun-
tarily refuse 10 send representatives to
congress. That question has been passed
upon by the supreme court. and congress
has enacted laws providing against any
failure on tho par: of state to send Its
representation to the Federal capital.
The founders of the government did not
contemplate tho failure Of a legislature to
agree upon . candidate for senator. but TO
provide for every reasonable exigency
they made provision for appointment by
the governor. and provided that no state
should be deprived of its equal suffrage.
The Tribune concludes that since the senate
must make . precedent, it is bound to
make one which does even justice and 10 a
fair and reasonable construction Of the
supreme law. Mr.. Mantle, the an
pointee from Montana, in his argu-
ment before the committee pointed
out that the political public in the
West was At present divided into three
distinct political organizations, that it was
likely TO remain so divided for some time.
and that such divisions were always posi-
bic. He argued that 10 require an election
Of q senator by legislature under penalty
Of leaving the stase unrepresented would
have the necessary effect OF driving lesis-
laiors from their allegiance 10 the party of
their choice, and of compelling combina-
tions between parties which we're offensive
10 the sentiment Of the electors by whass
act at the polls the legislatures had been
constituted.
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