Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-22
APPOINTMENT on SENATOR.

ATPoINTMENT W SGNNIoN.
The acqulttai Of senator QUAY In
Pennsylvania. and his appointment by
Governor Stone as United states scna-
tor from that state. as 1rst published In
the Dcserct News on Friday evening,
has caused many spcculations, here and
elsewhere. AZ TO the probable result In
the upper House of Congress.
-Four states Of the Union have failed
20 clcc, Senator this year. The ducs-
,ion whether this will leave four seats
vacant IN that august assembly. IL very
important. As on most public ducs-
lions, there n a diversity Of opinions
IN relation 10 II. while some wcll-in-
formed persons believe the Governors
OF those states have the right TO APP
point on failure TO elect. others equal
iy Intelligent aud wcll-rcad are POSI-
tive that no such right exists In law.
Early In the session of the Utah Leg
stature the Dcscrct News drew atten-
tion TO the precedent that had been cr-
tabllshcd In the United States scpaic'
and showed that on that action. II the
Legislature failed TO elect n Senator the
Governor could not appoint. or rather.
n he did the appointment would be
invalid. We simply based that on the
refusal Of the Senate TO seat such APP
pointccr.
The matter IL regulated by the Con-
siItution OF the United states. which
givcs the Senate the power to Judge OF
tho elections. returns and qualifications
Of Its members. II also provides thau
III vacancies happen by resignation.
or otherwise. during the recess 81 the
Legislature OF any State. the Executive
thereof may make temporary appoint
mcnfs until the next meeting 81 the
Legislature. which shall then MI Huch
yacancicr.'
This has been construed by the Senate
TO mean, that tho vacancy which the
Executive may Temporarily MI. must
have happened" during tho recess OF
the Legislature. A the vacancy &C.
curing from the completion Of sena-
tors term. and tho failure of the Legis-
lssnEa- 10 choose . rueccrror. did mol
happen" during the scccrs Of the isss-
islaturc. II has been decided by the
United States Senate that the Execu-
tive had no power TO appoint
on the other hand II has been argued.
and with much prcpricty. that II was
not intended. when the Constitution
was framed. that any state should be
represented In the upper House OF
Congress by but one senator. thus plac-
Ing II on an unequal footing with other
states. Tho only remedy In ease Of
failure 10 elect II In the appointing
power OF tho Executive. That II the
simplest wny 20 cure tho evil. and
seems TO have warrant In different
construction Of the Constitution. In con-
ronancc with general practice In other
hut similar matters In tho respective
States.
or course the decision rests with the
United States Senate. II has the power
n II has the will to reverse itself on this
question. Whether the desires or exi-
gcncles Of party or some important
public consideration. win prove potent
enough 10 rcaulr. a change. or further
iight ON the meaning OF the clause will
appear 10 Justify a new ruling on II.
remain 10 be seen. Meanwhile the
question IA. what viii the Governors Of
other States do where "a vacancy exists
like that In Pennsylvania
We understand that Governor Wells
has not yet expressed any decision on
the subject. The probability Is that
time viii be taken 10 see how the ac-
tlon VI Governor Stone win be viewed
by the body which holds the sole power
10 decide on II. II quay should be
seated. " course the other Governors
would appoint II not, they would re-
frain. unless something now unknown
should give opportunity 10 raise the
question anew.
As "a matter Of parliamentary rule
the question may be- considered settled.
hut ~ a question of right. OF reason. OF
necessity and OF public cNigcncy. It Is
Htlll open and may be- discussed. pro
and con, with proprloty II not with very
great pront.