New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-29
RECESS TITLES " THE SENITE.


Governor Stones decision not to call the Penn
sylvania Legislature in session to nj the va
cancy which has existed since March last IN
that states representation in the upper house
OF Congress- but to insist on the validity oi Inc
recess appointment he bestowed some months
ago on Mr. Quay. will force a rcopcnng in the
Senate next winter Of a long standing conSttu-
tional dispute II has been stated repeatedly
that Governor stone. in view OF recent he
clsions in the Senate plainly adverse 10 the
theory Of appontive power on which ne mas
acted would rcconvcne the Pennsylvania Legs
Ioture in spccial session and insist on It's ful-
filing the elective function intruSted 10 it by
tho Trainers of the Constitution. But the GOV
ernors declaration in Pusburg on Wednesday
that he should never call an extra session Tor
"the purpose Of elcctng a United states senator
cor for any political purpose whatever 'nec'u
ally dispoScS of these rumorS ana ioreshad"WS
the necos sty of another and fuller deiermlila
ton hv the Senate of the conditions which de-
yolvc upon a state Executive the unquestionrd
right TO appoint.
As IS we'll known. the drift Of opinion in re-
cent wears has been toward narrowing OF the
Governors power of appointment ana an INSIST
ence on legislative action. or the alternative oil
non-r representation for certain period Ill the
upper house In the last three or -FOUR ION
crosses States have been left for months WIN
but a single vote in the Senate because OF the
refusal Of their Legislatures to fill seats Whl'h
have become vacant through operation OF law
n majority of Senators voting in each case I'D
which recess credentials were submitted 10 re-
pudiate This exercise of the appointive power
The latest serious attempt 10 secure admission
fo the Senate on Governors certificate me
state Legislature having failed TO make an cleo
tion-dates back scarcely eighteen months. ana
can hardly be said to encourage the experiment
now undertaken hv Governor stone ON Fchrll-
airy 2S 1SaS after consideration which had
draccod throuch two sessions. the Senate voted
ny 30 70 10 10 reject the certificate given to
Horny w Corbett by the Governor Of Oregon
OF tho fftv-nine votes cast or paired against
Mr. Corbett's admission two We're given 10y IN"
Senators from Pennsylvania themselves Mr.
Ouav and Mr.. Pcnrosc Moreover. Of the fifty
nine Senators who agreed in the last congress
that an appointment given by Govern =. after
LEGISLATURE had failed 70 fulfil its primary
political duty. was invalid. no loss than hfty
sim hold seats in the dclhcratve branch ana
will be called on 10 pass next winter Oh what Is
/
putc ON the other hand. Of the tw"nly-eigh'
| Senators who in 1905 supported tn" contention
now raised by Governor Stone only twenty viii
! have voices in rcSettling the controversy next
year.
Senators. Of course. can change their views
Mr. Pcnrosp has already changed his ana pre-
diets thar he will have many imilatorS. NJ
serious harm could come. vi course. from NJ
setting the theory Of Executive limitations c-tah
Ishod by the Mantle case I'M 1873 ANA by inc
| Corhett case In 1895. But consistency AMI pr"cr
dent arc powerful influences in the Senate ana
are likely 10 hold II 10 lis present Interpretation
Of the somewhat pulling language of the Frs
Article of the Federal CONSTITUTIONS NJ al
events as four State Legislatures have recently
failed 10 fill vacancies occurring i'm the Senate
on March last. as clear and definite an under
standing as possible Of the consequences oi
such neglect Of duty is greatly TO be desired