New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-09-27
SENATE "TACANCIES."

1t seems the President of the Utah Senate
was merely indulging a sense of boisterous
humor when in the absence of the Governor
he filled, or attempted to fill, vacancy exist
ing in the United States Senate by recess ap-
pointment. The beneficiary of the Acting Gov
ernor'S hOrseplay, Judge O. w Powers though
at first inclined TO take his new hOnors seri-
ously. has now joined with a sceptical public
in holding that he has played the role of victim
in a rather crude and tasteess piece of political
comedy. Though "cherishing the compliment
conveyed in this burlesque bestowaI Of title
Judge Powers announces that. unless forced to
it by the decision of the Democratic National
Committee, he will not present his credentials
TO the Senate or join forces in any way with
his Montana neighbor w A. Clark. in main
tanning before the bar of that body that all
Senatorial certificates look alike no matter by
what peculiar dead of night processes they may
have been granted or manufactured. 1t is to be
regretted that the two Utah and Montana claim
ants should not have pooled issues in an ap-
peal TO the Senate to pass at the approaching
short session on the novel questions raised by
new Western methods of giving and tax
ing Senatorial title. For in no other recent
Congress has the Senate given so thorough
a study to questions Of election and privilege
and building from the Judgment reached after
so much contention in the Quay case there
seems to be reason why an authoritative
veto might not be put at once such freaksh
and novel perversions of the Governors power
of appointment as have now come to notice at
Helena and Salt Lake City.
Under the Senates decision in the Quay case
the appointment given Judge Powers by Acting
Governor NebeSer clearly null and void. The
Legislature of Utah having refused to fill
vacancy occurring, the constitutional lawyers
put it, by efluX Of time" no recess certificate
could be issued or accepted. In Montana a some
what more complicated situation exists Mr.
Clark having resigned his seat a legitimate
vacancy apparently occurred. and a recess ap-
pOintment, to fill it became legal. This was
secured to the retiring Senator by the same
irregular practice attempted in Utah
But should the Senate decide as II might by
passing a resolution now pending. that no Sen
ator was lawfully chosen at Helena in the
winter of 1890, no vacancy could have been
caused by Mr.. Clarks resignation of an office
he was not entitled to hold. Both the Utah and
Montana certificates might be held defective
therefore, on another ground than that of rreg-
ular and fraudulent origin. Yet It might be de-
sirahle TO have the Senate pass Judgment ex-
plicitly on the methods by which the two sets
of credentials were obtained and to settle, once
for all, whether entry into what ex-Vice-P resi-
dent Stevenson once called 1.-The most august
deliberative body on earth" is to be secured by
such genial frontier practices as were inaugu-
rated by ACKNOWLEDGEMENTS Sprgg and iml-
tated by Acting Governor Nebeker
The scandals which have arisen through re-
cent attempts TO force the Senate to accent
recess appontees will doubtless have the effect