New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-04-13
MR.. CORBET7-S APPOINTMENT.

We publish to-day in another column an ao-
stract of the argument by which Henry W. Cor
bctt recently appointed Senator from the S'a'e
of Oregon but still excluded from his seat IN the
upper house Of Congress- defends the valini'y oi
his credentials and urges on the Senate the JUS
tIce of his claim 10 admission to fill the vacancy
from Oregon created by the retirement OF Johh
II Mitchell on March 4 last. Mr.. Corbetts con-
tentions are Mt once cogent and ingenious ana
the issues he raises will have the excellent erect
of compelling n general overhauling of prece-
dents and final adjustment of the many haz!
and conflicting views now held Of the power or
vacancy appointment conferred py TIE CohS'i'u
ton on Governors Of States.
The circumstances under which Mr.. CorDett
received his appointment are we'll known. The
term of John II. Mitchell was to expire on March
8. 1897. and Legislature legally empowered TO
choose his successor was elected in Oregon last
June This Legislature was required 10 meet
nj Salem in January, 1897; but the members OF
the lower branch, though appearing at the state
capital, refused to organize, and no session OF
the Legislature in n legal sense was held. the
members Of both houses dispersed before March
g. and on March 6, Mr. Mtchelrs term having
expired. the Governor OF Oregon issued GER
IRENE views have been taken in constituting the
clause in the Constitution which authorizes the
appointment of Senators when vacancies hap
pen by resignation or otherwise On the one
hand, 1t has been held that vacancies OF all sorts,
occurring either by chance or by the operation
Of law, might properly he filled BY temporary
appointments On the other hand 1t has been
contended that executive action should be linn
tied to supplying merely casual vacancies-sucn
as might occur by death, by resignation, ny ex-
pusion or in some other equally unforeseen man.
ner The Mantle case, decided in 1893. seemed
doubtless to give some cOuntenance to the latter
view, for the Senate at that time refused to ad-
NIT an appointee from Montana on the ground
that the vacancy was one occurring by opera
ton Of law, and that the State Legislature, quail
flied TO elect, had failed to do its evident duty.
Yet only few months before this decision was
given the Senate had admitted Mr. Pasco, or
Florida on a Governors certificate OF appoint
ment to fill temporarily the vacancy arising
from the expiration of his own term on March 3,
1898 The Legislature legally empowered TO
choose Mr. Pascos successor could not meet
until April: but the Florida Senator as several
of his predecessors had done in n similar pre-
Acknowledgements at the Capitol with creden-
tlals Of appointment. and was admitted to take
part in the special session beginning March 6,
1898
These two decisions plainly clash, though to
what extent only further Interpretation of the
points settled IN the Mantle case can fully de-
monstrate Mr.. COrbett insists with manifest
reason that the Oregon vacancy falls in the
same class with that occurring in Florida in 1893,
nasmuch az the Legislature charged with an
election in each case bad not actually met. on
the same ground he easily avoids the damaging
differences Of the Montana judgment: for In Mon
tana he argues. 1t was the patent failure of the
Legislature TO provide for the succession which
vitlated the credentials presented by the Gov
ernor's appointee. 1t Is TO be hoped that MI
Corbett's title will be passed upon by the Sen
ate in a commercially judicial and non-partsan
spirit; for the decision IN his case will 90 far
toward settling finally some very confused ana
puzzllng questions both of practical politics and
OF constitutional law