New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-27
THE VACANCIES IN THE SENATE.

The question regarding the admission of Mr.
| Ouav 70 the Senate on the appointment by the
| Governor will be unusually complicated There
| are four vacancies In the Senate which the Leg
| islatures failed to fill. From Pennsylvania Mr..
| Ouay has been appointed, and the Governor OF
| California has indicated that he may appoint
| Colonel D. NJ Burns In these two states the
people elected Republican Legislatures, and the
appointment of Republican Senators. If enec-
tive would only conform TO their will. But IN
Delaware, where the people elected Republi-
can Legislature, which failed to fill the vacancy,
a Democratic Governor can appoint Democrat
to the seat in the Senate, and in Utah, where
Democratic Legislature failed to elect, the Re-
publican Governor can appoint Republican
If all were admitted the wishes Of the people IN
two States would be defeated, though the re-
suit as to the political composition OF the Sen
ate would be what the people had determined
The constitutionality OF such appointments
after a Legislature has failed TO fill vacancy
occurring during its term has been long dis
cussed and several times decided. But as the
Senate is the sole judge of the elections Of its
members. and can at any time reverse pre-
vious decisions with or without any excusing
difference In the cases, neither the decision in
favor of the appointing power by the admission
of Senator Blair Of New-Hampshire in 1879,
nor the later decision against IL by the rejection
Of three appontees from Montana. Wyoming
and Washington, in 1893, really settled the ques-
ton. The latest decision in February Of last
year, against the appointment of Mr. Corbett
from Oregon for full term after the Legislat-
ure had failed to effect an organization. was not
on that account a clear precedent either way.
The Constitution expressly confers the appoint
ing power "if vacancies happen by resignation
"or otherwise during the recess OF the Legislat-
"ure of any State but the vacancy in Oregon
raised only the question whether the Leglslat-
ure was In recess" when 1t failed TO perform its
duty by organizing and the four vacancies this
year did not happen when the Legislatures
were in recess, but when they were in session
and vaiDly trying to elect Senator'S
If the provision Of the Constitution Is to be
strictly construed the power TO appoint can
exist only If n vacancy happens at a time when
the Legislature Is not in session, and the reason
ing on that side is that an opposite construction
would encourage the Governor and his friends
to defeat any election by the Legislature
through their influence with that body, in order
to secure the appointing power for him. This
certainly was not contemplated by the Consti-
tuition, and is result which 1t Is desirable to
avoid. But, on the other hand, il Is argued that
when the Senate Is not in session the expiration
Of the term Of a Senator creates only n possible
or technical vacancy, which IL is presumable
the Legislature If then In session. may any day
fill. If 1t adjourns without making provision to
fill the vacancy, then that vacancy comes to be
actual, 1t is reasoned. and the Constitution does
not intend that any State shall be deprived of
Its equal representation by two Senator's
Last year nineteen Senator's including most
of the leading Republicans voted for the admis-
sion Of Mr. Corbett on appointment by the Gov.
ernor OF Oregon, although an equal number of
Republicans voted against him. The argument
that the Legislature was not in session. as IL
had not organized at all, had weight with some
how much weight IL is impossible 10 saw This
year the issue Is so raised that a decision can
hardly be avoided on the direct question whether
upon the expiration Of a Senatorial term while
Legislature is in actual session. n vacancy
happens in such sense that it cannot be said 70
happen afterward when the Legislature has adj.
1ourned without electng. 1t Is perhaps forth.
nate that the question can be decided without
regard for partisan interests since the Republi.
cans already have clear majority In the Sen.
ate. and II one appointed Senator should be adj
mitted the others appointed under similar con-
ditions doubtless would be. On the silver cues.
lion, too, the Senate as now constituted has
forty-hve members against and only forty-one
for silver coinage, and the admission Of Senator
quay would In any case give clear majority
against It, even if the Democratic Governor of
Delaware and the Republican Governor of Utah
should both appoint free-colnage men. and the
Republican appointed from California should
vote the same way. The falrest construction Of
the constitution seems to be that when Legis.
lature mas organized, and has failed to ill va.
cancy occurring during its session. II has dc.
prived Its state OF half its representation in tho
Senate until Legislature can be chosen which
VIII perform It's duty. II a Governor could thon
appoint with effect, failures to elect would prob
ably become more frequent