The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-03-29
AGAINST SKATING MANTLE.
Minority Report of the Elections
Committee Presented.
THE QUESTION STATED.
Reasons Why the Montana Gentleman
Should Not Be Admitted.
The Report Deals at Length with the
Manner of Constituting Senators and
Creating Vacancies when Do
Original Terms Begin?

WASHINGTON, March 28.-The minority
report of the committee on privileges and
elections on the case of Lee Mantle, ap-
pointed senator by the governor of Mon
tana, finding that he is not entitled to his
seat, was submitted by Chairman Vance.
It is signed by Messrs. Vance, Gray.
Palmer and Mitchell. The report says
the question is, could the governor of a
state appoint a senator at the beginning
of new term, the legislature being in
session and failing to eject?
1t 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 vacancies, one
by expiration OF term, the other by &C
cidental or unforeseen happening, such as
death, resignation, expulsion, or disqual-
ification.
The report deals at length with the
manner of constituting senators and Great
! ing vacancies Touching the contention
that the constitution requires Senate
membership to be filed by any and all
means, the report denies the correctness
of that statement, although its purpose
was to have state representation full by
operation of the provisions for filing the
regular terms both at the beginning and
as they legally expire, for providing
against any accidental or unforeseen
casualties by which seats thus filed 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
guide. The majority say, continues the
report, that permissive power to appoint,
controls and is paramount to the manda-
tory power of the legislature TO elect,
which is illogical in the extreme. The
language clearly is only intended to give
a state executive the right ep the
Senate full by appointments nd nothing
more. In every mention II me cons itu-
ton of the creation of sen Jors but one
an election is contemplate The dan ger
arising from the failure OF a state to p ave
full representation for sho1 time 5 not
for moment to be compared ..1tn the
danger which comes from a departure
from the constitution.
The spectacle is here presented of three
states at the same time and IN the same
manner and by the same or similar COM
bination5 refusing to perform their con-
stitutional duty of electing a senator to
this body, for the purpose of throwing
appointment into the hands of the execu-
tive, showing that the vicious precedents
which have lately been established is
little short of scandal upon constitutional
government. It enables us tc see with
what ease a few ambitious and aspiring
men in every legislature by combination
with the executive can defeat the viii OF
the people and the plain purpose of the
constitution. In the cases Of Mantle and
Beckwith the legislatures adjourned the
day before the vacancies occurred, despite
their sworn duty to fill them II legisla-
lures can thus be permitted to tamper
with the constitution and the laws OF the
country and be rewarded with success
and impunity, we respectfully submit.
that great blow has been inflicted upon
good order and Legal government of oUI
country and the permanency of its insti-
buttons.
The report affirms as uncontradicted
the proposition that where a governor
has exercised the power OF appointment
until e meeting of the Legislature and the
legislature failed to I'll the vacancy the
pointing power. In conclusion It is said
that If a state neglect or refuse to avail
itst of that right there is no obligation
on he part of the Senate or any authority
to brce or compel by forced construction
or any other means to insure that per-
petual representation, than simply
this plain provision of the con-
stitution. We can neither comrel
the legislature to eject nor the governor
TO appoint. In q government based upon
the consent of the governed, something
must be necessarily LETT to the patriotism
and common sense of those to whom the
government is intrusted.