Evening journal., 1899-05-01
SENATORIAL VACANCIES.


Governor Tunnel should lose no time in
taking advantage Of former presidents.
and the opportunity now presented. and
appoint a live. energetic man as senator
from Delaware.
None but those who have a selfish In
terest in the matter advise against the
appointment. and there is every reason
why the governor should decline such adj
vice.
The Dover Deiawarean fully covers the
case in its last issue as follows:
We believe that Governor Tunnel
should at once appoint a senator In Con-
press to III the vacancy now existing In
the representation Of this state.
The Constitution OF the United States,
Article /, Section 3. contains the follow
Ing provision: The Senate Of the United
States shall be composed OF two sena-
tors from each state chosen by the Leg
isuture. thereof for six years. II
vacancies happen by resignation, or 9TH
erwise, during the recess Of the Legislh.
ture OF any state. the executive thereof
may make temporary appointments until
the next meeting OF the Legislature
which shall then fiji such vacancies
A very strict and literal Interpretation
Of this provision probably might not au-
thOrize an appointment by the governor
to M a vacancy happening while the
Legislature was in session. The first
decision Of the Senate In 1893 in the
CAGE of Kensey Johns of Delaware, sus-
talnod this Interpretation of the ConS,i-
tutior and the last decisions of the
Senate have been along the same lines,
Lee Mantle having been refused a seat
ln 1893 by a ma iCrity of one NCte, and
Nr. Corbett having been refused seat
m 1897. But between the Johns case and
the Mantle case there were many decls-
ions the other way. A few years after
the Senate refused TO seat Kensey Johns
it seated Samuel Smith, who was APP
| PORTED by the governor aftcr the Leg
islature had met and failed to elect and
had actually voted that Il would not
elect And there were many similar de-
cisions between The Smith case and the
! Mantle case.
We believe thar the public interests,
and surely the Interests of the small
states, Will be promoted by the liberal
/ Interpretation made in the Smith case
ard followed In the dozen or so cases
next succeeding 1t. The Constitution de-
| clares emphatically that the Senate
/ shall be composed Of two senators from
each state" 1t doubtless never occurred
] TO the trainers of the Constitution that
tor Morgan. of Alabama, probably as
/ able a constitutional lawyer as we have
/ in the Senate, declared, during the con-
4 sderation of the Corbett case: The
| Constitution abhOrs a vacancy In the
Senate as much as nature abhors a
vacuum" Senator Hoar. another very
| great lawyer. like Senator Morgan be-
lieves that the governor can appoint
/ when the Le gisiature has failed to elect,
If We insist upon the narrow construc-
ton Of this provision and Of the word
| happen" " would with almost equal
force preclude the filling Of such a va
cancy, after it has once happened"
even by a Legislature. The words Of
I the Constitution are: "The executive
thereof may make temporary appoint
memts until The next meeting Of the Leg
f.aHls
cancies.' In every case where such a
vacancy has been filed ly the Legisla-
Il ture, the senator chosen by y has been
seated. Yet where does the Legislature
get its authority to M amy vacancy. az
ter the same has once happened,
which the executive could not hll2
In 1895 when the Legs allure Of this
state failed to e,eot a senator. Governor
Watson, recognizing the recent decisions
Of the Senate upon this question, made
no appointment While we do not deny
that this was the proper course then, the
question is now rcOpened, and we are OF
the opinion that the conditions now ex-
listing make IL the duty Of Governor Iun-
neA TO appoint a senator at once
This year the legislatures Of four
states have adjourned without choosing
senators. If the governors do not APP
point. four gn states VIII be de-
prlvCd OF hat the represent tion "a
which they are entitled in the Senate
unless these cover - az heavy eN'
pense to the states, shall convene In ex'
ira session for the purpose Of choosing
senators these same legislatures which
have Already failed TO elect.
Governor Stone has already filled tht
vacancy In the representation Of Penn
, sylvania by the appointment of Matthew
Stanley Quay. The governor Of Califor
mia has announced the appointment Of
Daniel NJ. Burns from that state TIT
B question Is thus reoncned. We are in
Z clned to the opinion that the senator
a. ffaF
be and viii be seated. The Mantle cast
{ was decided by only one majority, an'
IL IS admitted THAT the silver question
was a factor IN reaching that decision
The Senate Is the sole judge of the elec
tons, returns and qua ihcatdons OF M
p members and Il is no more bound by u
! decision in the cases Of Johns, Mantl
and COrbett than by It's decision In tn
. cases of Smith and others In addition
=. to the legal claims of the appOintees
) the personal inclinaltiOns Of senators vii
o. be largely In favor Of seating them.
the right Of the governors TO appoint
recognized, three Republicans and on
e Democrat will be admitted, so that tn
party In power can thus Increase n
strength. Senator Quay Is exceedingly
popular with beth Democrats and Re
pubIicans in the Senate, and If Their
, shall be an honest doa1bt I'm the mind
u of senators he will get the benefit OF
r in almost every instance. number @
>. senators have already expressed them
ate has been taken i'm the interest @
l. Mr.. Quay, and that siNty-seVen senators
e being a large majority. are in favor G
seating him. Whether this be true @
> not, there certainly seems to be a goo
q ,chance that he will be seated. The cor
l. dition IN Delaware is Identical with tina
existing in Pennsylvania at the time {
Mr.. Quays appointment. II Senate
q Quay is TO be admitted, 1t is only jus
n that the vacancy In the representation
. this state should be filled and the Offici'
term Of the appointee begin now.
l. I'm addition to all the other reason
e why Governor Tunnel should apQoI
y now. local political conditions demand
y. The Democratic party Of the Stale
e Delaware Is sadly i'm need Of "a leadc
J. lt needs a leader able and willing 10 o.
"a ganzc II IN every county Of the stat
IN one who can lead II to victory In 100
If the governor makes a propc~ app bin
mcrt. and makes n promptly, ie Oln
"A great deal toward settling this que
tion, and can be of material aid promo
ing the success Of his party. II rs in
s pouant not only that he should act. bl
'lthat he should act now. The work
party reorganization cannot be begt
too soon.
The sun gives the following data co
~ corning the vacancy:
There seems 20 be little doubt that Il
p appointment of Matthew $. Quay
y United States senator will be prompt
Is recognized and accepted by the UnN
at States Senate. No better evidence cou