The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-27

cubus which prevented a governor from making
an appointment until vacancy actually hap.
pened however sure he might be that IL would
take place, was not finally removed until the FIT.
y-seCond congress, in 1891, when in the case OF
Senator Chiffon, of Texas, IL was deliberately
determined by unanimous report from the CON.
the senate, that the old notion should be eN.
plodcd, and that a governor, II he knew that
vacancy was to take place, and that no legis.
before the vacancy took place, and that the SEN
ator might come here and hold his seat under
such appointment. Thirdly, the senate has made
this further advance, in the three New IInmp-
shire cases, and in the case OF Senator PasCo,
OF Florida, sitting under gulernatorial ap'
pointment, that IL has const nted TO seat IN this
body senator appointed by governor where
there is a doubt as to whether Legislature meet
ing next previous to the vacancy should have
chosen should not have chosen the senator
The fact that although Legislature may have
met which entitled TO fill senatorial va.
cancy, and failed to All 1t, yet there a
doubt about the right OF that legislature to fiji
1t, has been accepted as justification Of a gu
bernatorial appointment. So we have made
three new gains from the old prohibitory notions.
and we now confronted with the question OF
whether, fourthly, governor may not appoint,
although a legislature which had the undoubted
right to all a vacancy has met and failed to hll
IL; and filthy whether or not as the result OF
an affirmative decision upon this point governor
may not & continue to APPOINT as often % As a. lesis &
ceed in choosing senator and placing him with
in the senate chamber
In other words, the progress made in the prece-
dents of the senate has been of steady ad'
vance. II has been contest against a
sririt of narrowncss and technicality As
stated in the beginning Of my re.
marks the Interpretation OF every word
! in the provisions of the constitution cCn-
serning senators has exhibited a progressive
| tendency toward liberality, in order that the
| evident purpose Of the constitution might be
| carried out, that the senate should be kept filled.
| The present contention that governor cannot
nt g1a hag haA
ity to elect, or after having once appointed, that
his power is exhausted, are two of the last places
left for those who by curious persistency
| OF states in this senate have doubt, whether
it shall be realized in this case, or some other.
| that the ultimate decision of this body will be
to complete this progressive constitutional inter
pretation and will recognize the intention OF the
| constitution to create a senate and as consc
quence to haze that scrate filed; and to have
that senate flied by elections by legislatures for
| full terms, or remainders Of terms, and by tenn
| porary appointments Ivy governors where there
are vacancies existing in the recess OF the legis'
APPROVED RY THE PEOPLE.
By the failure OF the Legislature to elect a
senator the state is not only deprived OF its
| equal representation, but the will of the ma.
| jority Of the people is frequently completely
| frustrated. In Pennsylvania it is interesting to
observe. that the people Of the state have s'is'
tained by increasing majorites the regular organ
ization of the Republican party, which was repre-
| seuted in the last legislature by the Republican
| caucus which unanimously nominated Mr.. Quay
| for the senate. In 1S97 the Republican cand-
| date for state treasurer, after campaign in
| which the administration OF the state treasury
had been directly and vigorously attacked, re.
| ceived 372,i4S votes, and the Democratic cand
| date 2i2, 7il, making the Republican candidate s
| plurality 129,717. The vote for the Democratic
candidate and all other candidates for state treas,
| urer opposed to the Republican candidate was
| 4l2,5lI making a popular majority over the
Republican candidate Of 49,o29 It will be OBJ.
| served that in this election of 1897 while the
| Rapublipan cd an nj l.
ity, he failed to pcll majority of all the votes
| cast.
In the following election in November, 1898,
| the Republican candidate for governor received
41G,2O6 Votes the Democratic candidate, 35S 800
votes, giving the Republican candidate plurali.
ty of 1896 votes. The vote for the Democratic
candidate and all other candidates opposed to the
| Republican candidate for governor 405,-
soc votes, making the popular majority against
| the Republican candidate, notwithstanding his
enorn Gus plurality, 1896 votes. While the lead
| ing caldd date failed to poll majority of the
| whole vote, the majority agairst him of all can.
| didates was actually 10000 votes less than that
for state treasurer in the preceding campaign.
| In the election of 1899 state treasurer was
| elected. The Republican candidate upon a
| platform which contained emphatic indcrse-
ment of Mr.. Quay and declared that ''our state
is entitled to full representation in the United
states senate, and we indorse the action OF the
governor in making his appointment to fill a
| vacancy caused by the failure OF the last legis'
| lature to elect
Upon the question of the adoption of the
! emphatic Endorsement, tho vote had been 1872 TO
49, indicating practical unanmity in the con
vention. The campaign involved the attacks
| upon the management ot affairs by the Repub-
| lican party, which had been vigorously made in
| the two preceding campaigns, and in addition,
| the issue was squarely fought out upon this
| plank in the platform to the Endorsement OF
| Mr.. Quay The vote for the Republican candi-
| date for state treasurer, elected in November,
1899, was 43S,O0O votes. The vote for the Demo
| cratic candidate was 32I,Ei2 votes. making the
| Republican candidates plurality ll04SS votes.
| The vote for the Democratic candidate and all
other candidates opposed to the Republican can
| didate was 352,4SS; thus giving the Republican
candidate an actual majority of all the votes
cast of S5,jl2 votes.
| called attention above to the fact that in the
| two preceding campaigns, with the enormous
| pluralitics, the candidates OF the Republican
party failed TO poll an actual majority | called
attention to the fact that while the state treas
urer in 1897 had popular majority against him
Of over $4,000 votes, that this majority was cut
down 10000 at the ensuing election for governor
Now, with the issue fairly made upon a candidate
for state treasurer, with the added issue made the
leading feature of the campaign upon Mr.. Quay
and the plank in the platform of the Republican
party indorsing his appointment, in an off year
with every opportunity for party diSSatisfacti "
and reaction, after three years of agitation anC
unlimited opportunities for publicity, the tlna
result has been the polling of an enormous ac
tual majority for the Republican party and ar
Endorsement Of the Republican platform, witt
this plank indorsng the appointment bv th'
governor. One of the most striking features o
the results in tie last election for state treas
urer, following upon the adjournment OF the leg
isature, is the fact that in the counties of Penn
sylvania from which had come the bolting Repuh
licans the candidate for state treasurer received
enormous gains, ] refer to these facts TO illus
trate the statement that the governor of Penn.
sylvania in making this appointment, having
due regard for his individual responsibility to the
people of the state, has been sustained by them
and that in sending these credentials TO the sen
ate it can be fairly claimed that he acts in ac
cord with the sentiment OF the great majority
| OF the people OF PennSy yyauia,