Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-03-13
rnnEr srNAroRIAL sEATs.


The right Of Governors to appoint
United States Senators after Legisla-
lures have made fruitless efforts to
elect, is the peg on which hangs three
seats In the United States Senate, be-
longing to Montana, Washington and
Wyoming. The law in the case is the
following provision Of the federal con-
stitution:
'If vacancies happen by resignation or
otherwise, during the recess Of the Legs
iature of any State, the Executive Thereon
may make temporary appointments until
bhenext meeting OF the Legislature Walcn
shall hll such vacancies"
From this it is plain that Governor
has the right to GIN vacanies occurring
by resignation or otherwise during the
recess OF the Legislature. But diff
Guilty arises regarding the construction
OF the language. which must be taken
in connection with another provision Of
the constitution TO the effect that Sen
ators Ire TO be chosen by State Legisla-
lures for six years, under which pro-
vision Congress passed a law providing
thaIthe Legislature Of q State which
STALL be chosen next preceding the ex-
(Diramon Of the time for which a SEN
a,or was elected shall on the second
Tuesday after the meeting and organi-
cation thereof proceed TO elect Sem
ator, in the manner therein set forth. II
vacancy happens during the session
OF the Legislature, it shall proceed TO
elect on the second Tuesday after it has
notice Of such vacancy.
The question is, Is the expiration Of
the term OF a Senator such a vacancy
as IS meant when the Constitution
speaks OF vacancies that occur by resig-
nation or otherwise during the recess
Of the Legislature? Is not the filling
Of that sort Of q vacancy provided for
in the provision that the Legislatures
of the States shall elect, and the legis-
lation Of Congress TO carry it into ef-
feet?
Precedents thus far cited are not con-
elusive. An exchange cites this one:
George Read, Of Delaware, resigned De
cember IA, 1893. The Legislature met in
January aud adjourned In February, 1894.
On March 10. kensey Johns was appointed
by the Governor 70 fiji the vacancy The
Senate refused TO seat him on the ground
that session of the Legislature had inter
vened between the res gnation of Read and
Johns. This was similar % the Wyoming
and Montana cases in all respects except
that the seat from Delaware was actually
vacant during the session Of the Legisla-
ture, while the seats from Montana and
Wyoming did not become actually vacant
until the Legislatures had adjourned, al
though both bodies had full notice Of the
impending vacancies and made efforts TO
iii them.
The case OF Washington is somewhat
different from the other two. The legisla-
tive session in Washington did not close
until five days after the seat became va
cant In no case can the vacancy there be
said to have occurred during the recess Of
the Legislature. IL occurred while the
Legislature was in session. If, then, the
expiration Of a Senatorial term is such a
vacancy as the Governor is authorized by
the C0nst't tuition 70 I'LL, the Governor Of
Washington has still no power 70 appoint,
because the vacancy occurred while the
Legislature was in session. The decision
in the KenSey-Johns case applies to this, as
g part Of legislative session was held ar
ter the vacancy happened.