The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-03-21
WILL THEY BE ADMITTED?

1t is evident from the delay in seating
senatorial appointees that the United
States senate intends to establish n
precedent which will not be questioned
in the future. For this purpose the
most careful consideration will be given
to the several claimants and it is ex-
pected that the discussion to follow will
be- exhaustive on all points. 1t will he
purely a question of law, but tho pur.
pose OF ~ forefathers in providing for
the appointment Of a senator by a gov
ernor will doubtless be- q resting place
in the debates. 1t is most gratifying tc
know that from present indications par
t!sanship will not control tho senate's
decision. 1t is n subject of too great
Importance to admit of personal or party
considerations. 1t will determine con-
clusively the meaning of a part of the
constitution itself and is therefore be-
yond the realm of politics.
Newspapers of the better class gener-
ally agree that it would be better il
these men were not seated, providing
the law favors that result. This opinion
is reached on the broad ground that a
governor should not assume the fune-
tions of a legislature, except in unfore-
seen exigencies. The New York Even
ing Post views the question in this
way:
There are presidents both pro and con in
the history of the senate. 1t would seem,
prima facie. that n state ought to have its
full representation in the senate somehow.
It would seem as though this were the
prime consideration, and as though ell
doubts should be construed to that end and
purpose. Yet the language OF tho consti-
tuition points to q different conclusion. III
vacancies shall happens'' it says, by resig-
nation or otherwise during the recess of the
legislature of any state. the executive
thereof may make temporary appointments
until the next meeting of the legislature,
which shall then fill such v%acancies." Evi-
IDENTIFY tbs kind of vacancy meant is not
the expiration of a'term. 1t is a casualty
something which happens Unexpectedly. az
by resignation, death, or insanity. Under
this clause Of the constitution the new sem
atolial appointees. if admitted to seats, Gun
hold them only till the legislatures of their
states meet, not until they elect. So it
might happen that the three senators in
question would drop out as soon as their
legislatures should como together, and
then, if there should be q new failure to
elect, might be reappointed by the COVER.
nors Immediately after adjournment. This
could not have been the intention of the
trainers of the constitution. They in
tended, evidently. that states should be
without representation in the senate if they
could not make up their minds whom to
to elect. The provision for filling casual
vacancies was not intended to apply to
cases where states deliberately deprived
themselves of re- rssentation.
AS the Post points out, it will be en-
TREY possible to defeat election of SEN
ators by legislatures from time to time
by such manipulations as were seen in
the several senatorial contests in the
northwestern states this year. Indeed,
this was done without very much diff
Guilty, except that of holding factions
together.
The Washington Post holds with
much logic that the Legislature should
be compelled to discharge it's lawful OBJ
legations instead of being relieved of it's
responsibility by shifting it upon the
executive. 1t adds:
10 avoid such contingencies it were we'll
to give the legislatu' es of the several states
to understand that if they fail to exercise
the function so.emnly imposed upon them,
the states must go without their proper som
atorial representation until the vacancy is
l~egitinate!y filled and that in such cases
appointment by the governor is in the ma
ture Of an usurpatory act which the United
States senate cannot sanction.
1t is not in itself a partisan question,
though under certain circumstances it
it should be settled now and permanently
GA a non-partisGn bnsis, 1t is important
that every danger which turks in our polit-
icnl system should be eliminated as rapidly
as opportunity permits.
The deprivation Of Il senator would be
a serious and ~doplorablo loss for Mon
tana. In tie present great fight for
free silver and in tho struggle to secure
from the present administration so
many benefits needed in this state,
Montana ought to have her representa-
tives lighting in the ranks. And yet the
arguments Of these two able newspapers
as quoted are unangwerable in their con-
illusions. Legislatures must be made TO
elect senators or the states must pay the