New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-04-13
Is MR.. CORBETT A SENATOR?
AN IMPORTANT QUESTION FOR THE
SENATE TO PASS ON.
. GOVERNORS POWER OF APPOINTMENT WHEN
VACANCY HAPPENs-CAsEs TO WHICH
THE OREGON CASE is ALLIED.

,..aos viii be the reopening and settlement at
,h,s session Of Congress OF the disputed claims TO
ss,a,oaial titles now pending before the crippled
Committee on Privileges and Elections The for
- chairman of that committee. Mr. Mitchell, OF
oregon was rot returned TO the LNth Congress,
md the chairmarship has therefore been vacant
s,nce March l. Mr.. Hoar. the present acting chair-
man has naturally hesitated 10 force on short
t.,ded committee the Immediate consideration OF
IN. three important cases OF challenged creden-
,als which have arisen since the new Congress met
with the present gaps in its membership supphed'
however there gems TO be no reason why the ooHi-
,n,t,ee on Privileges and Elections should not at
rnt 10 settle once and for all the vexed questions
- nv The appojn;m.nts TO fll Senatorial va
uc,ss made By the Governors OF oregon. Florida
and KENTUCKY ,., -.
,xslv 10 elect Senators 10 supersede the temporary
snpointees whose credentials are now before the
committee the Corbett case from oregon WI" ha'u
80 he chosen as tho by which TO test the
cenates view OF the real scope and limits Oh ''e
disnuted power OF appointment as eXerciseu oS
s,s,a Governors under the terms OF Inc reueIai
PROSTITUTION The circumstances under which Sif'
Csrne,t reo.ved his certificate introduce some
SO, eIeu,ents into the problem OF his eligibility
sl,eadv complicated enough ally1ng 1t 10 the TWO
S,s.nct classes Of cases on which the Senate has
alrendy passed Judgment, yet al 'he sanis ''''o
sharply diTerentiating II from ootn.
- 80, ~ Senator Mitchell, of oregon. expired
- March 2 last A Legislature vested with power
"a choose his successor was elected III Oieso" Ia
June 1896 and was required by Ia" 10 n'es' va
January H. 1897. One branch. the SENATE u'u me-
80 orranize: but the House OF Representatives
~Ta "a orect I'm organization OF any sort. and the
or,hs,. Of both branches after several weeks Oh
,nsction dispersed 10 their homes On sif'S'
W 2 Lord the Governor OF oregon issued Gel
,scate of appointment as Senator TO Fieh'' '"
,-orbett assigning his reason for oolns SO u''
. vacancv had happened on March B. during 'no
-. - che legislature. The two classes OF cases
:, which Mr. Cor belts claim is allied are the So
au.d Mantle Allen case voted on at the eXtraoi-
d,rar, session of 1885, and the New-Hampshire anu
I-lortds cases of 1879 1856. 1889 and 1875
=, .ho CORNER he Senate voted that. the vacancy
S.,,,,s occurred through the operation OF law ana
the legislature having met and faxed 20 eject "o
,oNer 10 appoint inhered IN the Governor MS Po"
ssine limited infereniialy. 10 supplying vacancies
occurring fortuitously al periods ~heh inc Aees'"
ra was not n session. But in the latter cases te
SAra.a vo.ed repeatedly TO admit appontees 20 riii
,4nnorarv vacancies occurring not tortutousy' Out
nv the expiration of terms fixed by statute Inc LIZ
tslatures Of NewHampshire and fiorloa neN' c"os7'
besora the vacancy occurred having the inconveheht
habit OF not meeting in January or Febfua'S' u.
time 10 make an election before Maich J. O"' -
nostponlng their sessions until April or June.
Mr. co-bett contends that his own case hts the
precedenis Set in the admission of Senators from
New-fiampsnire and Florida, in thai sucn ad-
miss implied the occurrence OF VACANCIES ihfonsh
the ordinary operation Of law On Inc Olner manu-,
is De; vy ~ bscause the Legislature in Montana
met organized ard vainly endeavored 10 eject
AMI Consequently no session the Legislature at all
TIE br,ef In support Of Mr. Coroetts tte: whicn
Privileges ana Elections. summarizes the argument
ne ms he under which the appointment
was made. the brief lays down these four PROPOSE
"First-If the Governor is entitled to All vacancy
IN the Senate which may happen 10 esS a %' Ssn
this appointee should be seated. This In our 5udg-
Is fn meaning a. ing t Of the ECON consiitation
:5econd-ff the Governors RICH. TO appon: is lin
been on xhe n the is not in session then
Mr: Corbet! is entitled 70 seat: u.,, .,,-.,,
limited by the requirement that me heg6sa Stature
must haye . he'd no Gpp9rgnty to elect the oregon
"Fourth-if however. the word happen means
does not exist in any case where the vacancy
arises by the expiration Of a term then this ap-
pointee has no rights in the premises 49,.
1t is only by adopting this last construction ton that
Mr. Corbett can be denied admission and TINS con.
sdoP1sd. ,r,, -. .vn,ra,,on ., Senator Mitch.
ellis term created vacancy the question is: Was
II such a vacancy that the Executive OF oregon.
f? Those who deny the right Of the executive
10 appoint in case Ike this are oohged 10 rely ION on
etrung that word as equivalent 10 happen fortui-
the construction TO be put upon the word. we
earnestly contend thai this case comes within the
fected than that Legislature should fail TO effect
organization at the time set Tor It's meeting ana
that its members should be eventually obliged 10
dsperse and return 70 their homes because OF the
quorum for the purpose OF organizing ana trans
case In Montana the Legislature lad regularly
organized Il was q branch OF the State Govern
e STi OF and entitled 10 bind the State by it,
i had an opportunity 10 elect untea sns
<or a number OF weeks ballots were taken every
day for Senator. The decision o. the Senate IN ne
theory that where Legislature IL regularly or,
es s sna aa ana n S to Do 80 an appone
should not be seated The decision in the NAME 1h
the Governor is not qualified TO nj vacancy &C
by the oensuh OF m ad@ed
Pasco Of Florida. on appointment by the Governor
3irst,on Of Senatorial term. To regard the Mon
lana decision s settling 5hsf gue5O 10 %ouq De
consistency in passing on a 1udicial question. we
heore repeat hss the sf Se monana s
iature organized and had an opportunity to
the fact in the Oregon T TSse T Ta:
Oregon s suorSm Of Sa mouse o
sentatives was present for the transaction OF busi
ssss Of se q Ss@as Of he March ana
before the vacancy ocsu1rso bsIr severaI homes
This fact afarma,ively appears from MI 'or-
@whstever equity there may be n holding the
s,ste 6;overnment We earnestly contend that II
would he the grossest Injustice 70 hold state re-
sponstble for the nonfeasarce or individuais VINO
lad been chosen to represent certain districts IN
the Legislature but who had not quaiifed as Iesls-
ia,oTs and were minority OF those entitled TO sit
in the House in any event cooperation can De
meeting regularly called and az when quorum y
present but VINO would be 80 BOO as 20 coht us
,hat ? CORPORATION can be bound oy the acts OF
minority OF its Board o, Directors; acting not
through directors meeting. but lnoiVioua1E a
especially before they had qualineo 10 serve az
drectors7 4.
we therefore earnestly contend that not only Is
this case distinRuishable from the montana case
but that IN. res which led the Sen9le 70 r.
fuse Mr. Mantle his seat have no application VIVA
ever 10 the al bar; that on the contrery me