The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-05-27

New Yogk HsTald
wNen che senate = called TO order far
the f1rss dine IN the Fifty-Axth congress
four seats wfn Be vacant They are tnoee
which n the F1fty-lifth congress wsFe oc-
cupisA BY -. 3. Quay. Of Pennsyivan!a:
white. Of Casifornia, and Frank J. Canaon.
Of Utah.
These vacancies win exist because OF the
failure Of the iegistafures In these four
states 70 elect uuccessors to ne osnaeors
named. whose terms expired on March :.
Mr.. Quay win be present, claiming his SEAT
by virtue OF an appointment by the gov
ernor Of Pennsylvania, and Il = rososse
that q man from each OF the other states
win also come forward with q governors
appointment. Gov. Gage. Of California.
has announced his intention TO appoint d.
NJ Burns. who was one Of the Republican
candidates before the legislature. and II
has been suggested that the governor OF
Delaware should appoint Willard Sauie-
bury. The question Of whether the appu-
cants shall be seated win probably be de-
cidsd only after another long discussion BY
the constitutional lawyers Of the senate
Of the question whether the governor OF
q state has power 70 appoint . United
States senator to MI q vacancy when the
state legislature haD failed to exercise fts
senator.
There have been many decisions OF this
question In the senate. beginning as early
as 1874. when Kensey Johns. OF Delaware.
was denied a seat on the ground that
session of the legislature had interviewed
between the occurrence Of the vacancy and
his appointment by the governor. From
that day down 10 the present the decisions
have all been one way-against the seat.
to- - sn$a fho ~
has had an opportunity to act and has
failed to elect. Many able constitutional
lawyers have contended. however. that the
iirst deciGlon was wrong. and that ell those
based upon It have been wrong, ana, on the
principle that nothing is ever settled until
1t has been settled right, they are ready
whenever q case arises to attempt to over
throw all the precedents and estabiish .
new one in accordance with their views Of
the intention OF the constitution.
Within the last few years the question
has arisen twice. In 1855 the legislatures
OF Montana. Washington and Wyoming
failed to elect senator's to the F1fty-third
congress. and the governors OF those states
respectively appointed Lee Mantle. John
b. Allen and Asahel c. Beckwith to I'LL the
vacancies. The legislature Of Oregon failed
in 1885 to elect q successor to Senator
Mitchell and the governor Of the state APP
pointed Henry w. Corbett to I'LL the va
cancy. In the Eifty-third congress the
Mantle case was made the test and de-
bated at great length. The committee on
privileges and elections. composed OF some
Of the ablest lawyers In the senate. by .
majority OF one reported in favor Of seat.
ing the applicanta The majority report.
written by Senator Hoar. OF Massachu-
sets. was a strong argument In favor OF
the contention that It was the purpose Of
the trainers OF the constitution to confer
upon the governors Of the states power to
fill vacancies resulting from the failure Of
the legislature to elect. az well as those
occurring when the legislature was not
in session.
Able arguments were made on the other
side, and when the vote was finally taken
thirty-two senator's were recorded in sup
port OF the resolution That Mr.. Mantle was
not entitled to his seat. while twenty-eight
voted against II.
It will be seen that II precedents are fol-
lowed there IL little chance that Mr.. Quay
or any one who may be appointed by the
governor Of any OF the other states win b
seated. but should applicants appear from
all four states there would be an oppor-
tuntty for log-rolling and wire pulling
which, taken In connection with the fact
that many senators believe the previous
action Of the senate to have been uncon.
stitutional. might result in their being
seated.
Prospects are that II the senate refuses
to seat Mr.. Quay and the men who may
be appointed from the other states, all four
vacancies win remain until new legislatures
are elected In che respective states. In
Pennsylvania. Delaware and California the
Republican majorities were divided into
factions which could not be prevailed upon
to unite upon apy one candidate. and in
Utah the Democratic majority was divided
In the same way.