The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-11-03
SENATORS BIZ APPoTNTMENF.

vsxed Question Of a Governors
Right to Act When the Legislature
Does Not.
New York Sun: The constitution Of
the United States provides that the
time, place and manner of holding cleo
lions for United States senators shall be
prescribed by the legislatures of the
states they represent. It provides, too,
that Congress shall at no time alter
regulations for the choice Of senators,
and section s, of the constitution, pro-
vldes that each Of the houses Of Con-
gress shall be the Judge Of the quail
ficatlons of its own members. This is
all the law there is on the subject of
the admission of United States sena-
tors, and for many years there has been
going on a controversy on the subject
of the right of governor to appoint a
senator where the legislature has failed
to elect.
The question is as complicated indeed,
as that of the identity of the man who
struck William Patterson, the birth
place of Homer, the respective merits
and advantages of city and country
life, and the schleswig- Holstein dis
pute. Nominally. OF course, where the
term Of senator has expIred-and this
is one OF the few controversies Of Amer
lean politics of which there is no parti-
san aspect-or when his term Is about
to expire, the duty Of the legislature Of
his state to choose his successor Is per-
fectly clear, and usually the leglsla-
ture conforms to 1t. At times, however,
such a result is not easily attained. A
legislature may be deadlocked; 1t may
be impossible for a majority of its
members to agree upon candidate;
the period, sometimes fixed by constl-
tutiOnal provision. during which leg
islature may be lawfully In session,
may expire; the impracticabillty OF Sc
curing a quorum OF both houses may
present Itself. or the governor, whose
power over the course Of legislation is
considerable, may interpose obstacles to
a choice whereby the legislature will
adjourn without choosing nominee.
Up to this point. politicians are pretty
generally agreed, but the question
which follows Is not so easily disposed
Of: HAS the governor Of state the
right to fill the vacancy arising, and II
so, what is the status Of the applicant
in such a case? Is he entitled to adj
mission, or must the state remain un-
represented in part until the next legis-
lAture convenes, one or two years later.
as the case may be, a majority Of the
states at present having the system of
biennial sessions under which the lack
OF representation 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, per-
hnps, in the case OF Pennsylvania, the
legislature having adjourned without
choosing a senator and Governor Stone
having designated Senator Quay for the
vacancy until the next legislature
meets. Mr.. Quay is veteran senator
and, as an influential member OF the
majority party representing the
strongest Republican state In the coun-
try, and as former chairman OF the
Republican national committee, It has
been thought by many that his creden.
tlals will be accepted, though without
reference to the establishment OF any
precedent in this particular. However
that may be, the fact Is that this sim
pie question OF senatorial representa-
ton by governors appointment remains
now in the same unsettled condition
that It has been for number OF years.
and there seems to be no way, short Of
an amendment to the constitution, Of
definitely disposIng of the matter, a de-
termination in which all political par
ties would be satisfied, as the present
condition OF uncertainty, besides being
an injustice to each OF the states In
which 1t Is raised. ia tho cause OF acri-
monious and tedious controversies In
the upper house.