The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-03-30
Senator Corbett Should BE Seated

Senator CorDett should BE Seated
Can the Governor Of a State appoint
United States Senator to fill q vacancy ex
listing by reason of the expiration of a teri
and the non-election of q Senator by tn
State Legislature7
This is the great question which mus
soon be decided by the Senate of the Unite,
States in the case of HENRY w. CoRRETr O
Oregon, who was appointed by the Governo
of Oregon on March Q. 1897. to fill the va
cancy in the Senate which had been cause,
by the expiration of the term of JOHN FL
MITCHELL on March 4. 1897.
On the 4th day of March the Legislator,
of Oregon was not in session, and 1t had no
been In session for more than two year.
prior to that time. 1t Is true that the PEG
pie of Oregon had elected Legislature OF
Juno 1, 1896, but that Legislature hat
held no session, and, therefore, there haG
been no opportunity to elect a Senator.
Why do we say that the Oregon Legisla
ture had held no session. These are In
brief the facts: The biennial session of the
Legislature, under the Constitution and
laws of that State, should have met on
a IL, 1897. The Senate was duly con.
vened on that day, and it organized by
electing permanent officers. On the same
day the members of the lower house, which
is called the House of Representatives, at
tempted to effect a permanent organiza.
ton, but they failed 80 to do, and no legis.
lative act requiring the concurrence of both
houses was ever passed or adopted by the
Oregon Legislature, nor was any business
of any kind transacted.
1t seems that the Senate of Oregon re-
fused to recognize the House of Representa-
tives, and that the Governor of the State
and the Secretary Of State never recognized
the lower house, and finally the members
of both branches of the Legislature dis
persed n went home without doing any
business of a legislative character. But
whether the Senate of Oregon was right in
its refusal to recognize the organization of
the House of Representatives which was
called the Benson House" " or not, we con-
slider the quarrel or the cause of the quarrel
between the branches of the Oregon Legisla-
ture as OF no Importance. The fact remains
that the members wen home without elect
ing a United States Senator. So, the oues-
ton arises whether the Governor of a State
can during a recess fill a vacancy in the
United States Senate, when such vacancy
has been caused by the expiration of the
term of a Senator, n has been continued
by the failure of a State Legislature to elect
a successor.
We believe that the Executive Of a State
has an undoubted right in such contin-
gency to appoint, and a sound n correct
Interpretation of the Federal Constitution
sustains our view.
The Federal Constitution, In section 8 of
Article /. provides that THE Senate of the
United States shall be composed of two
from each State, chosen by the
thereof, for six years; and each
Senator shall nave one VOTE" and in Arti-
Gle ", concerning amendments to the Fed
eral Constitution, 1t is provided tha mo
State, without its consent, shall be de-
OF Its equal suffrage in the Senate"
This provision of the Constitution shows
that the desire of the trainers to have the
entity and absolute equality of each State
at all times in the Senate by the
therein of two Senators from each
State, with an equal voting power, was
considered 80 absolutely essential to the
scheme OF government that whereas any
other provision Of the Constitution is open
to amendment, no State can ever, at any
time, without it's consent, be deprived OF
It's equal suffrage In the Senate. This ia
probably the most striking clause in the
whole Federal Constitution, because it de.
clares that one particular provision cannot
be altered without the consent of every
State and in view of this fact, can it be for
one moment argued that 1t was the intention |
Of the authors of the Constitution that by
any possible contingency a State might re.
main for years with but one Senator to
represent 1t in the Senate of the United
On March 6 the Governor appointed
CoRBETT. At that time the Legisla.
ture of Oregon was not in session, for after
futile attempt at organization in January, |
he member had gone home. This state of
acts might continue to exist indefinitely.
lndi II the position of Mr.. CoRBETT's op-
'onents be sound, the State of Oregon might
De deprived OF one Of its votes In the United
states Senate for years to come.
In the second subdivision of section q Of
Article l.. of the Constitution it Is provided:
And II happen, by resignation
'r otherwise, during the recess of the Legis-
of any State, the Executive thereof
nay make temporary appointments until
he next meeting of the Legislature, which
hall then fill such vacancies" And the
narrow Interpreters of this provision argue
hat the word "happen" is equivalent to
happen f~ertuitously" or "happen by
nance" and that 1t applies only to resigna-
Ion, death, or expulsion. The common.
ense Interpretation of this language. as
lso the most scholarly Interpretation. is
the word happen" is equivalent to
words take place" or "occur," and
a thing happens when 1t occurs or takes
lace, and that 1t is not limited 70 what
hances to occur or occurs by accident.
o the word "~happen" should be given a
and somewhat generic sense. 1t refers
o anything which may take place or may
ccur. and that this construction ls sound