Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-23
The Corbett Case and Others

INC statement OF these cases and pre-
ceoents show that from the beginning of
the government down to the present time
'he senate mas never recognized the right
OF state executive to make a temporary
appointment where the vacancy happened
or occurred during session of the legisla-
trre 1t shows, further that for seventy
i've years the Senate has refused to recog-
nize the right of a state executive to make
a temporary appointment even where the
vacancy happened or occurred during re-
cess of the legislature, If the legislature,
either before or after it occurred and prior
TO the date of the appointment had had an
Opportunity to fill it.
The fundamental principle thus estab-
nshed Is that if the legislature. either be-
lore or after the happening of vacancy
mas had an opportunity to fill it. then there
Is no power in the state executive 10 ap-
point. The result is fatal to the claims of
Mr.. quay. No danger nor evil has resulted
to the government from the enforcement of
this principle
I'VE therefore submit that the Senate, for
ITS own honor and dignity, should stand by
its previous solemn and deliberate deci-
SionS.''
The Minority Report.
The minority report takes the opposite
view. quoting section 3, article l. of the
Constitution, the minority say that the
failure OF the governor to call the legisla-
ture together to elect a senator does not
act to deprive the governor of the power
OF appointment. Referring to the constitu-
tional provision the question is asked:
Does the language of the Constitution OF
the United States mean just what the con-
stltution OF the commonwealth of Pennsyl-
wanna says, In case rof n vacancy in the
office of United States senator in recess
between sessions or does Il mean that the
vacancy must be one which comes by
Cnlnce, so that IT JofIS annIy a tn
the case of vacancy at the beginning of
a term, which does not ccme by chance but
is foreseen and inevitab!e?'ss
This question is answered. as follows:
If the words havefthes former meaning,
then all distinctions between cases where
a legislature has been in session and those
Where leg1s. allure has not been in session
between vacancies at the beginning of
term and vacancies beginning after the
term itself has begun and the office for
that term once filed are without import
aIce. We think that the former Is the
true meaning of the Constitution. We
thiEk that 1t was the intent of the Consti-
tuition to provide. as far as possible, that
every state should have two senators.
Framing the Constitution.
First. The constitutional convention
hesitated between comforting the power of
appointing senators upon the executive and
the legislature of the state in the begin
ming. Like the legislature, the executive
of the state was supposed to represent the
will Of the people. Under the constitutional
arrangements then existing. he appointed
al state officers and appointed judges, who
held their office for life So there is no
reason to suppose that they considered the
executive an unfit instrument for such ap-
poiEtment And they settled the question
Dy giving the power. of permanent appoint
Continued on Ninth Page.)