The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-26
PeDrose in Behalf
Of Mr.. Quay


As already explained, the vacancy happens;
il exists: il is an actual condition. The rec.
ognition is distinctly made that senators can
resign, and IN the of all other vacancies,
appointments may be made The actual cond-
ton Of the vacancy continues during the re.
cess OF the legislature, whether it began while
the legislature was IN session, before the leg
islature ever met, the day of its final adjourn
mcnt, or after such final adjournment. What
object could the trainers of the constitution have
had to restrict the governor to hlling vacancies
only when the vacancy originated or began in
a recess and not to include a vacancy which
began before but continued into the recess and
while every word and act Of theirs in debate
| and in every word OF the constitution would
indicate their paramount purpose Of providing
for the filling of vacancies in the senate in order
that it might be kept full. They could easily
have used the phrase "If vacancies should begin
or originate in recess" and their meaning would
have been clear.y defined.
The succeeding words Of this much disputed
clause are:
'Thc executive thereof may make temporary
appointments until the next meeting Of the leg
isatmc, which shall then fill such vacancies
1t will be observed, in the first place, that
the executive "May" make these appointments.
1t is not mandatory upon the executive. lie
will he supposed To use his reasonable discretion
in tn exercise Of his power. 1t was presumed
by the trainers of the constitution that il the
legislature should happen to meet very soon
after the occurrence of such a vacancy the power
! r,iobt NOT hc ovorciscd In tho intcrnrototion
,ln,d ,,,r ,bo y,orJ. .i,ntiI tho ,oxt r,ootin,,
f tho IocisIaturo NO have onotLcr striking a.
I,,tration 81 tLo 1ncroI corsir,ct,o, ,rbicb rns
been put upon this part Of the constitution in
o,1 a. ron,, tbo sorrt 70 t,,I TocbnicaI,,, snoaI,
ing, the words "untl the meeting OF the lcgis-
lature," taken in their narrowest sense, would
thcn thc Question mioht yc,I Inc ,aiscd as to
,I,tar ,ii, ro.trio,ia, IS ,i,,,o o,,,lio1 J., ,I,
,iI lri ,,.,ioh tLo +o,,,,ar.,,,, ,,,;,,,,ort
would oo or defined tho ncriod during which tho
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nan,
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construction @ % was n'o"sn' "so question; tnat
certainty that might have been too severe for
the true and liberal ntendment Of the trainers Of
| the constitution. They certainly did mean TO
say that the executive appointments should ter
inmate when legislative jurisdiction shall COM
| mencc or he exercised, To give this severe con.
struction to the words quoted would in all cases
leave state unrepresented sor time aud depend
eat on legislative action Rather than hold to that
| result the senate, under the preccdents quoted,
seemed to have regarded the next meeting of the