The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1893-03-28
IN FAVOR OF SEATING


sov usJvsuy nVpNs VI wy oseVsiVW
Committee Presented Yesterday.
PRECEDENT AND ARGUMENT
\ Lengthy pocument-The Minor.
ity Report VIII Be Read To-
Dsy-consIrmations and
Appointments.
WASHINGTON, March 27.-The repert
oe the majority on the contested
election case Of Lse Mantle. .
senator appointed by the governor Of Mon.
tana. was made 10 the senate to-day.
Hoas submitted the report Of the majority
In favor Of seating Mantle. There arc two
other osses, thoss Of Bsckwith, appointed
BY the governor Of WyominG. and Allen.ar.
pointed By ths governor OF Washingtou.
Inasmuch - the facts are the same test
will b made In the case OF the senator
upon whose credentials the report 10 made.
and Il is likely as this 10 decided 90 will b
tho others. The report 10 rather
lengthy aud quotes volum,nously from
early decisions Of the senate upon cases
dealing with the same question.
The majority state they began thor In
quisy with the primal and controlling man.
date Of tho constitution resting upon them.
that the seuate s.sould b kept full and
separate representation therein Of each
state WAS the most important unchanec-
able single obligation which the instru.
mont creates. Tbs constitution provided
no state should ever b deprived Of an un.
equal vote In the senate except by ito own
consent. or . change In the constitution
itself and this consideration was held to
he OF Infinitely more Importance than the
question whether tho appointment should
be made by tho Legislature or executive.
In discussing the subject Of vacancies,
tho committee produced part Of tho 70.
NOUS debate between Webster and CAL
houn, and rcafiirmed tho doctrine laid
down at that timo by Webster. when he
took the stand against state Sovereignty
Upon this line and In reply to the Asser-
tion that failure by Q legislature to elect
senator is refusal By the state TO be
represented, the majority mako q two-fold
answer. First-That tho constitution Of
the United States did noe mean 70 permit
the state 10 be uurepeeooQto0s.A ~ Athet
this constitutional purpoeo had beev
picd out as far as possible BY the std
of 1855. Second-Tho inability of q sts(
legislature, where there 10 moro than one
candidate. TO agree upon . senator 10 by
no means equivalent 70 . refusal Of tho
state TO elect one.
L-Um maioriw cot out In the argument,
m II unques tiouabls purpose of th9
l1nstttution to keep the senate full, aud
ths fact that every other purpose Of the
ccustitution relating to such matters 10
accomplished by holding that the power
In question resides In the governor. The
Language Of the constitution, says the ma.
jogity, 10 quite - well suited 10 confer the
power upon the governor Of appolnting 10
q Vacancy occurring st the beginning Of .
torn, or 10 . vacancy which began 10 OF.
let when the legislature was actually In
session. and continued after adjournment
Of the Legislature, - any language likely
10 be used. After quoting various dinni-
tious Of tho word 'vacancy" the majority
como TO the conclusion the words Of the
constitution convey to the ordinary Ap-
prshensiou simple meaning that where
there is vacancy by resignation or other
wise, the executive may mako Temporary
appointments, etc.
1.-THE language of the constitution, !" says
the majority. ait sesms to us vas caro-
fully designed to apply to the case not Of .
single vacancy, which might occur only In
single recess of the legislature, but to
every cass whore the legislature having
adjourned without action . second OF
third vacancy should occur, which, under
the language of the constitution may be
provided for BY Temporary appointmsnt."
THIS position 10 supported by numerous
decisions quoted hereafter. which the ma
jority says: 1--WE have then FIRST, clear
controlling constitutional purpose that
every state shall be at ell times repro
sented in the senate BY two senators.
"Second-A declaration BY the oonstitu-
tion that the purposs II 10 be accomplished
by tho authority Of tho executive Of the
state whom the Legislature has failed to
elect senator.
''Third The use of the language in the
constitution which, according TO good and
established ussge, is sufficient In its orli.
mary meaning TO confer this power on the
executive In the case Of vacancy exist.
Ing for any cause whatever. and at any
time whatever, while the legislature Ii NOT
sitting, whether contingent or otherwise.
"Fourth-where like phraseology 10 used
In the constitution In regard 10 other
officers, IL has bcen uniformly held TO have
tho meaning We attribute 10 II here.
"Fifth-Ths construction given by the
very ablo supreme court Of Indiana is Ia
language substantially identical.
''Sixth-The senate has for may years
past invariably recognised the controlling
obligation OF this purpose OF the constitu.
ton. even while the language II doubtful,
OF whcrc literal construction would lead
10 another result"
After quoting In extsnso from the Bell
case New Hampshire) the majority con-
cludo their report ~ follows: "lt was
shown by the unbroken line OF decisions
with one possible bat doubtful exception,
that the senate has maintained tho au.
thority Of the executive To appoint To q
Vacancy which occurs st the beginning oi
. torn by reason Of failure to elect. We
do not think II necessary to insist upon
the Importance Of adherence by this bigi
court to the presidents In judicial natter
such a. title to seats.
"Ths only alternative II in the juds
mont Of the senate whether the rights oi
the State are 10 bs dependent upon chang
Ing political majoritiss In this chamber
al. r.