Evening journal., 1899-05-09
VACANT SENAT0RSHIP
Status of the Vacancies in
Four States.
LAW, DECISIONS AND PREoBDENTs

WAS WRONG AND WANT 1T RE
vERsED.
The New York Herald says the follow
ing, relative to the warrant seats in phe
United states Senate from Delaware.
Pennsylvania. California and Utah:
when the Senate IS called to order for
me first time IN the Fifty
sixth Congress four seats will
be vacant. They are those which in the
Ffty-nfth Congress were occupied by NJ.
s. Quay. Of pennsylvania: George Gray,
OF Delaware; Stephen M. White Of Cali
fornia, and Frank ]. Cannon, Of Utah.
These vacancies VIII exist because OF
the failure OF the Legislatures IN these
four states to elect successors to the SEN
ators named, whose terms expired on
March 4. Mr.. Quay will be present. claim
ing his seat by virtue of an appointment
by the governor OF Pennsylvania. and II
Is possible that a man from each Of the
other states win also come forward with
governors appointment. Governor
Gage Of California. has announced his
intention TO appoint d. NJ Burns. who
was one Of the Republican candidates be-
fore the Legislature. and II has been sug-
gested that the governor Of Delaware
should appoint willard Salisbury. The
question Of whether the applicants shall
be seated viii probably be decided only
after another long discussion by the con
stitutional lawyers OF the Senate Of the
question whether the governor Of state
has power to appoint United States
senator 10 an vacancy when the State
Legislature has failed to exercise itsI
power under the Constitution to elece a
senator.
There have been many decisions of
this question IN the Senate. beginning as
carly as 1924, when Kensey Johns, of
Delaware, was denied a seat on tho
ground that a session OF the Legislature
had INTERVIEWED between the occurrence
Of the vacancy and his appointment by
the governor. From that day down TO
the present the decisions have an been
one way-against the seating Of men ap-
pointed when the Legislature has had asi
opportunity to act and has failed to
elect.
MANY able constitutional lawyers have
contended, however. that the first decis-
ion was wrong, and that all those based
upon it have been wrong. and, on the
principle that nothing Is ever settled un-
tn Il has been settled right they are
ready whenever case arises TO attempt
TO overthrow all the precedents and es-
tablsh a new one in accordance with
their views OF the intention Of the Con-
stiution.
within the last few years the ques-
tion has arisen twice. In 1898 the Legis-
latures Of Montana. Washington and
Wyoming failed to elect senators to the
Fifty-third Congress. and the governors
Of those states respectively appointed
Lee Mantle, John b. Allen and Asahel
c. Beclxwith to m the vacancies. The
Legislature Of Oregon failed IN 1898 ia
elect a successor TO Senator Mitchell
and the governor Of the state appointed
Henry w. Corbett to nu the vacancy. in
the Fifty-third Congress the Mantle case
was made the test and was debated al
great length,
1.-THE Committee on Privileges and Elec
tons, composed Of some OF the ables
lawyers in the Senate by a majority OF
one. reported in favor OF seating the ap
plcants. The majority report. wrltteI
by Senator Hoar, Of Massachusetts wa
strong argument In favor OF the con
tention that II was the purpose OF TN
trainers Of the Constitution to COME
upon the governors of the states powe
to iii vacancies resulting from the fallur
Of the Legislature to elect, as well a
those occurring when the Legislator
was not in session.
able arguments were made on IN
other side, and when the vote was nnan
taken. thirty-two senators were recorde
In 80
Mantle was not entitled to mis- seat. Will
twenty-elght voted against IT,
"The corbett case was somewhat dl
ferent from the cases presented to IN
Fifty-third Congress IN that the Orego
legislature had failed to meet in joir
session and had not balioted for senate
1t was commended that there had been y
session Of the Legislature. The princlp
was really the same, however. The lie,
isature had abdicated its power to elei
a senator. The vote on the Corbett ca.
was taken on February 2S, 1925. and r
suited in fifty votes against seating NJ
Corbett to nineteen in favor.
While consideration OF the peculn
circumstances surrounding the meetll
Of the oregon Legislature doubtless 4
huenced some senators 10 vote again
seating Mr.. corbett. there Is no dou
that Others were Influenced by the arg
ment set forth In the separate report su
mitted by Senator Pettus, from the Cor
mittee on Privileges and Elections. IN
it was more important to have this que
ton settled than that It should be d
cided with technical accuracy, and IN
therefore the precedent recently rcaffiri
ed In the Mantle case should be follow,
1t will be seen that II presidents a
followed there is little chance that n
Quay or anyone who may be appoint
by the governor OF any Of the oth
states VIII he seated. but should ann
cants appear from all four states thf
would .be an. opportunity for log rolf
and wire pulling which. taken In conn,
ton With the fact that many senate
believe the previous action OF the Sens
to have been uncoDstitutional. might ,
suit In their being seated.
Republican control OF the Senate "A
not be endangered by the failure Of I
Legislatures Of these four states TO ell,
senators a1fho4toh lf1,a rJ......1.1t--.-