New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-02
THE HANTLE-CORBETT PRECEDENT.

The refusal of the United States Senate, by
a vote Of 80 10 H. to honor the title offered by
Henry w Corbett of Oregon, to a seat in the
deliberative branch Of Congress seems TO estab-
fish n definite and rigorous rule for testing the
validity of the recess appointments to the Senate
which fall from time TO time TO the Governors
Of the several States under the first article OF
ne Federal Constitution. As is well known,
Mr.. Corbett appeared in Washington little
less than year ago with commission from
the Governor Of Oregon authorizing him to fill
by appointment. until the choice Of a successor
at the next session OF the State Legislature, the
seat made vacant by the expiration Of the term
Of John II. Mitchell on March 3, 1897. The Legls-
laturc whose duty 1t was to choose Mr.. Mitch
ellis successor had met at Salem IN the winter
OF 1S0G-'37 but, after many fru!tless attempts
10 organize, had dispersed without fulfilling any
legislative functions whatever. The two houses
having failed in their evident duty, the Gov
ernor of the State decided to exercise the alter
native power Of appointment supposedly lodged
in him by the Constitution, and on the adjourn
ment of the Legislature issued Mr.. Corbett's
temporary commission as United States Sen
ator
Whether or not the Governor Of Oregon was
justified in accepting that construction OF the
Constitution which extends the scope OF the
appointiye power TO vacancies created, not for
tutously bur by the failure Of the legislative
branch to fulfil its express political duties. is
a question Of abstract law which need not now
concern US. But in acting upon that contention
he was plainly traversing precedent set by
the United States Senate itself. after much
hesitation and perplexity. at the extraordinary
session Of Congress called by Mr.. Cleveland In
August 1893. At that session. in the now
noted Mantle case. the Senate had decided that
the Governor of n State could not properly exer
else the appointve power if the State Legis-
lature had had an opportunity to fill the exist
Ing vacancy and had neglected or refused 10
take an election. Many eXtraneous issues were
involved. perhaps. in the rejection of Mr. Man
ties credentials in the summer OF 1893. and
the vote against him. after good deal Of shift
ing from one side TO the other. was only - 10
90 But that the conclusion reached was. on
the whole n satisfactory one to the Senate. and
still expresses its deliberate and settled judg
ment, is clearly demonstrated by the over
whelming emphasis with which the verdict of
1898 has now been reinforced-thc majority cf
three five years ago having on Mondays test
risen to n majority Of no less than thirty-one.
In one respect. certainly. the hard and fast
rule now set by the Senate Is likely to operate
to advantage. BY depriving the Governors Of
States Of all incentive to provoke deadlocks, It
will encourage prompter and frecr action on
the part Of the State Legislatures and will rid
the Senatorial canvaSses OF many common
wealths Of certain elements Of intrigue which
time and again have frustrated elections and
kept the Senate short Of its constitutional mem
bership. As the handkerchief precedent has
evidently come 10 stay, there Is some satisfac
ton in the thought that 1t is likely to prove a
practical. wholesome and politically beneficial
one.