Daily capital journal. (Salem, Or.) 1896-1899, 1897-12-20
THE CORBETT CASE,
Oregon SenatorShip the Only
Vacancy.
LAIN HE WILL BE SEATED.
And That He Will Have Votes to
Spare,

| eyes and elections, of which Senator
| Chandler is chairman. Senator HOal
a mem er Of the committee, was
| designated as a sub-com mittee to eX-
| anime into the merits OF the case. He
reported in favor of seating Mr.. Cor
bett. A special meeting Of the com
mittee has been called for Tuesday
next, at which time the Corbett case
will be favorably reported to the sen
ate.
The Philadelphia InQuirer's Wash
ingtOn correspondent, reviewing the
case in the United States senate OF
the Hon. II. w. Colbett, says:
All Of the 40 states, save Oregon,
are represented in the senate by two
senators. The Oregon seat has been
vacant since March last when The
senatorial term Of John II. Mitchell
expired. There was no session Of the
Oregon legislature this year; and CON
sequently there was no senator elected.
The people of Oregon elected Stlte
representatives, and these repreSen-
tativeS assembled in Salem. the capi-
tai of the state, on January ii last,
but they did nothing. No OTganiza-
tion was perfected. No business was
transacted. No communications were
received from or sent to the chief eX-
ecutive of the state. The fact that
the legislature Of Oregon did not le-
gally organize is shown by Governor
Lords letter appointing II. w. Cor
bett senator to succeed Mr.. Mitchell.
This letter is dated March 6, 1897.
1t is clear thar, as Governor Lord
says, there was no session of the leg
iSlatuIe The senate OF the state or
ganiZed. but the house did nOt.nnoth-
ing but temporary organization Of
this body was effected, and only 81
members, less than quorum, took
the oath Of Office. The constitution
of Oregon provides that 60 members
OF shall compose the house, and -
members shall comprise the senate,
and twO-thrdS of the respective
houses shall constitute quorum to
do business.
1t will be seen from this fact thai
40 members were required to consti-
tute legal quorum Of the house, and
as only 81 members took the oath Of
office, the house was unable TO organ
ize, and was consequently lncapacita-
ted for lcg!slating. All efforts to Sc
cure quorum were futile. The ass
emily met from day tC day, and at
each sitting the sergeant-at-armS re-
ported hat he was unable to bring
the'absent members 10 the bar OF the
house, This condition of affairs con
tinued for several weeks, and the
members dispersed TO their homes
There will be some opposition to
seating the Oregon appointee, but a
careful count of noses develops the
fact that he will be seated with sey-
eral votes to spare. There is dispo-
sition on the part o: some senators to
draw parallel between the COrbett
and Mantle cases, but the opinion pre-
walls that consistency will not admit
o! parallel. In the Mantle case, the
Legislature met, organized, and for
several weeks ballOted for senator,
The balloting was fruitless, and as
sequence Mantle was appointed TO
succeed Senator Saunders.
AS the governor Of Oregon clearly
sets forth there has been no session of
the legislature since 1895. Thus it
VIII be seen that there was not an
opportunity for election, and herein
lies the difference. The constitution
OF the United States provides that the
chief executive OF a sovereign state,
0hhAA AAl "a hAAHNl lk ltit Ntlldlt
caused by death, RESIGNATION or other
wise. II Is the opinion o. eminent
constitutional lawyers like EdmudS
and HOar and others that The term
"OtherwiSe" Is evidently ment TO
cover all cases where the legislature
fails 10 elect, Such senators as Aida
rich, Morrill, and Platt of Connecticutt
who voted against feating Mantle In
iktll haNn npi iRafalu .
Intention OF voting for Mr. Curbett,
and with assured assistance from the
Democratic side Of the chamber. IL
not being considered a party ques-
tiOn, he seems certain OF seat. Several
Democratic senators have expressed
lhemse YES as favorable TO Mr.
COrbett.
A seat In the senate will be devoid
OF the charm Of complete novelty for
Mr.. COrbett, for he served as senator
from his state from 1867 To 1873. A
singular incident is related by those
who are acquainted with Oregon and
It's political history, Mr. COrbett is one
Of the pioneers OF the state as well as of
The Republican party, hut has never
been an Office. seeker. He was chair
man Of the Republican state central
committee In 1860, aud ever since has
been prominent hgure In the state,
In 1866 John III. Mitchell was a candi-
date for senator against Ex-Governor
A. Z. Gibbs. Mr.. Gibbs received the
caucus nomination. The Mitchell
men refused 10 abide by the caucus,
aud after long aud fruitless strug-
gle Governor Gibbs agreed 70 with
draw II the majority Of the legislature
would sign an agreement for any one
man FOR the position. The result was
that Mr. C0rbett was agreed upon
withoui any apparent effort on his
part, he being absent during the con
test. IL Is rather singular that Mr..
Cor6ett, after all these years. should
now be appointed TO take the place OF
Mr.. Mitchell, who was PRINCIPAL
figure In that contest.
Aatorla .sFfixanc hava.,,,at ga -