The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-03-29
WORKS A WRONG.
Above All Preserve the
Constitution.
POWER TO ELECT SENATORS.
1t Is Clearly Contemplated in the
Basic Law That a Governor
Shall Fill Vacancy.
Special to THE MORNING CALI.

WASHINGTON, March 2S-In the Senate
resolution to proceed TO the election of
secretary, sergeant-at-arms and chaplain,
to take Office June 80. and nominating Tor
those offices w. B. Cox Of North Carolina,
K. j. Bright of Indiana and Rev. w. II.
Miiburn was offered by German and laid
over till tomorrow.
Notice was given by Hoar that he would
call up tomorrow the report Of the Com
mittee on Privileges and Elections as TO the
three Senators appointed by Governors.
Hoar also offered resolutions, which went
over until tomorrow, instructing the Com
mittee on Privileges and Elections 10 inves-
tigate the allegations Of embezzlement
against Senator Roach of North Dakota.
The minority report of the Committee on
Privileges and Elections on the case of Lee
Mantle, appointed Senator by the Governor
Of Montana, finding that he is not entitled
to his seat, was submitted by Chairman
Vance. 1t is signed by Vance, Gray,
Palmer and Mitchell.
The report says: The question is. Could
the Governor of a State appoint Senator
at the beginning of Eew term, the Legis-
lature being in session and failing to
elect%' II contends that the original terms
of Senators must begin by being chosen by
of constituting Senators there are but two
ways of creating vacancies-one by the
expiration of the term; the other by an
accidental or unforeseen happening, such
as death, resignation, expulsion or disquali-
ficaton.
The report deals at length with the man.
nsr of constituting Senators and creating
vacancies. Touching the contention that
the constitution requires the Senate men,
bershiD to be filed by any and all means,
the report denies the correctness of that
statement, although its purpose was to have
the State representation full by the opera
ton of the provisions for filling regular
terms, both at their beginning and as they
legally expire, and by providing against
any accidental or unforeseen casualties by
which the seats thus filed might become
vacant other than by the legal expiration
of terms.
Further than this no man can say, asserts
the minority, that the constitution makers
intended TO 60. The majority says, con-
tnues the report, that the permlssive
power to appoint controls and is paramount
TO the mandatory power of tile Legislature
tc elect, which is Illogical in the extreme.
The language clearly is only intended TO
give State executives the right 10 keep the
Senate full by appointment and nothing
more. 10 every mention in the con institution of
the creation of Senators but one, only their
election is CONTEMPLATED. The danger aris-
ing from the failure of State to have a
full representation for a short term is not
for moment to be compared with the
danger which comes from departure from
the constitution.
The spectacle here presented of three
States, at the same time and In the same
manner and by the same or similar COM
binations, refusing to perform their consti-
tutional duty of electing Senators to this
body for the purpose of throwing the ap-
pointment into the hands of the executive
under the vicious preeedents which have
lately been established is little short of
scandal upon constitutional government.
1t enables us to see with ease that n few
ambitious and aspiring men in every Legis-
lature by combination with the executive
can defeat the will of the people and the
PLAIN purpose of the constitution. In the
cases of Mantle and Beckwith the Legis-
latures adjourned on the day before the
vacancies occurred despite their swOrn.duty
TO fill them. II Legislature can thus be
permitted to tanner with the constitution
and laws Of the country and be rewarded
with success and impunlty we respectfully
submit that great blow has been inflicted
upon the good order and legal government
of our country and the permanency of its
institutions.
The report aflrms as uncontradicted the
proposition that where Governor has ex-
ercised his power 10 appoint until meeting
of the Legislature, and the Legislature has
failed to fill the vacancy, the Governor ca H.
not again exercise the appointing power.
In conclusion, it is said. that if the State
neglects or refuses to avail itself of that
right there is no obligation on the part OF
the Senate or any other authority to force
or compel by a forced construction or any
other means to insure that perpetual repre-
sentation than simply this plain provision
OF the constitution. We can neither com-
pei the Legislature to elect nor the Gov
ernor to appoint. In Government based
upon the consent of the governed some
thing must necessarily be left to the
patriotism and common sense of those to
whom the Government is intrustod.
After short executive session the Senate
adjourned.
~