The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-05-21
oe.asy ana city oneisi Pager.
THE CASE OF CoRnETT.


THE CASE or C0RBETT.
IL IL impossible 20 estsrmine from pre-
cedents what action the United States
senate viii take IN the CASE Of Senator
Elect corbeft. Of Oregon. There is no
strictly pa a.lleI case 10 be found tn the
records. The decision OF the senate upon
appointments made by the executive CT
a state have been confined to the special
cases hefore them. and IL is not possible
yet to lag down any general principle.
The purpose OF the constitution was
mau1festiy to prevent any protracted va
cancy. 20 that every state might Be fiiiiy
represented In all legislation II ls equally
evident that the constitution never con-
ton,piaisd and made no provision for the
failure OF . legislature to do the duty re-
CURED Of II by the organic act. The con-
situtlon provides that IL vacancies hap
pen by resignation or otherwise. during
the recess OF the legislature OF any state,
tie executive thereof may make temper
airy appointments until the next meeting
or the legislature. which shall then MI
such vacancies"
The controversy in the Corsett case
viii probably hinge entirely upon the
word happen" There was no vacancy
at the time the Oregon legislature ad-
tcsrned. aud that seems to be no less I'M
portant than the fact that the Oregon leg
islature was never In session. because II
never organized. The question Is, wheth-
or II was not the duty of the legislature
20 provide for the filling or q vacancy
which II was inevitable should occur.
This point was dwelt upon at some length
IN the minority report In Lee Nantes
case Ia 1883. This distinction Is also dis
cussed very fully in Fosters Com
neniaries." In support Of the more re-
strietnd meaning Of the word happen
ifs advocates rely upon the meaning OF
the word which suggests that the event
VAS unexpected: upon the surrounding
words In THAI clause of the constitution.
sby resignation or otherwise" as indi-
eating a vacancy caused by some such
unexpected cause as resignation. and not
the due process Of the law. and finally
by the tieory OF our form OF government
which fayors the emanation OF political
power as directly az may be from the
people. The minority report In Lee Man
ties case said that the language could not
refer TO vacancy occurring by the regu-
lar expiration of q term. I, says. Nov,
the only possible kiadred between the &C.
eidentai and the regular termination OF
senatorial scat 10 that they are both
vacancies but they are not ejuaicm gem
efis. IN That the one II a vacancy Great
81 by law and the other Is a vacancy ere
ated % accident. ard are entirely diner-
ent tn their LEGAL effects. The one IL a
basis for tia exercise OF the executive
power. ard the other is not''
II that view prevail. then Mr. corbstt
viii not ba successful There are many
cases. however. especially In the earlier
history of the senate. which serve to show
leaning toward the view that broader
power exists in the executive and that the
most important end required by public
policy and designed by this and other pro-
visions OF the constitution Is TO keep the
senate always fuiL and 10 prevent any
state being deprived az any time OF rs fun
representation. In the case OF Uriah
Tracy. Of Connecticut. in iSQl the senate
admitted Tracy. who had been appointed
by the governor during q recess Of the
legislature, 20 slll Vacancy caused ~ the
expiration of his own previous term. aud
Samuel Smith. 81 Maryland. IN lSa9 was
admitted under similar circumstances. Ia
1SlI Senator john Williams. OF Tennessee
VAS appointed by the governor before the
expsratiea az hia term. 20 fll the antlci-
pated Vacancy until tho legislature should
s9ppiy Il. On the contrary. James Laa-
man. 81 Connecticut. was IN ISIS refused
admission. although he had been appointed
by TIRE governor previous 10 the expiration
- the term ct his predecessor unsu the
legislature. which met a fsw months later
IN tae reEalAF oracr should eseet. In the
absence of explanation Il IS nos sure. how
ever. xhessef the refusal was reversal
81 the previous policy. or aae 70 an opinion
mat TIE ecvesnor eoaiA rot make an az
poistneat before the vacancy existed.
n tne latter = The eorrect gaeorv. then
the governors power Is precisely the op-
pesste q ghag q tAe legislature and j Is
rpt very pFoHaisirs Ter NJ. CoFestt. In tac
case - AmbFaSs h SEWER - Arkansas
en- isf. tsae committee ca privileges ard
slsefsens laia down she pvlaclple nat TIE
legislature OF state mnst. b. making
SECTION itself. provide toT az vacancies
Stitch mass ecsGr az stated Ard kneWn Pc
s4s4ss and that re expiration 81 a rcruiar
tsssa ~ service is act saeh q eea,iageaey
- i ssabraes.i IN the seeona secsiaa ~ tie
ssst asssese ~ the comssiiuttea-
nsssox stated. the question Of Mr.. Ger
sss admission. va repeat. depends ugen
@eksess ina soaats considers the wcsd