The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-15
SEM TORS BY APPOINTMENT
Vexed Question OF n Governors Right to
Act When the Legislature Does Not.

The Constitution Of the United States provides
that the time place and manner of holding cleo
tons for United State Senators shall be prescribed
by the Legislatures Of the States they represent
1t provides, too that Congress shall at no time
alter regulations for the choice Of Senators, and
Section Of the Constitution provides that each
OF tho houses Of Congress shall be the Judge Of
the qualifications OF its own members This is
all the law there is on the subject of the admission
of United States Senators, and for many years
there has been going on controversy on the
subject Of the right Of a Governor To appoint
Senator where the Legislature has failed 10 cleot
The question is as complicated indeed az that
Of the identity of the man who struck William
Patterson, the birthplace of Homer, the respective
merits and advantages of city and country life
and the Schleswig- Holstein dispute Nom-
nally. Of course where the term Of Senator has
expired-and this is one Of the few controversies
of American politics Of which there is no part-
aspcct-or when his term is about to
expire. the duty OF the Legislature Of his State
to choose his successor is perfectly clear. and
usually the Legislature conforms to It. Al times,
however, such result is not easily attained.
Legislature may be deadlocked; IL may be i'm
possible Tor majority OF its members to agree
upon candidate; tho period, sometimes fixed
by constitutional provision. during which n Leg
isature may be lawfully in session. may expire:
the impracticability Of securing quorum Of
both houses may present itself, or the Governor,
whose power over The course of legislation is con
siderable, may interposc obstacles to choice
whereby the Legislature will adjourn without
choosing n nominee. Up 10 this point polii.
clans are pretty generally agreed, but the ques-
ton which follows is not easily disposed of:
Has the Governor OF a State the right to fill the
vacancy arising, and il 50, what is the status of
the applicant in such a case? Is he entitled to
admission or must the State remain unrcpre-
sentcd in part until the next Legislature convencs
one or two years later, as the case may be, a ma
jorlty Of the States at present having tho system
of biennial sessions under which the lack of rep
reScntation would continue for two years
The matter has been treated by the Senate in
various ways. 1t has come up again and in more
serious form, perhaps in the case OF Pcnnsyl-
vania the Legislature having adjourned without
choosing o Senator and Gov. Stone having deSg-
mated Senator Quay for the vacancy until the next
Legislature meets Mr. Quay is a veteran Senator
and, as an influential member of the majority
party representing the strongest Republican State
Republican National Committee il has been
thought by many that his Credentials will be
accepted, though without reference 10 the estab-
lishment of any precedent in this particular
However that may be, the fact is that this simple
question of Senatorial representation by Gov
ernors appointment remains now in the same
unsettled condition that il has been for number
of years, and there seems 10 be no way, short Of
an amendment 10 the Constitution, Of definitely
disposing of the matter, n determination in which
all political parties would be satisfied the present
condition OF uncertainty besides being an injustice
TO each Of the States in which il is raised is the
cause of acrimonious and tedious controversies
in the upper house.