The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-24
EOS Stevenson BmiIdin.

lance We think the former is the true
meaning OF the Constitution. We think IL
was the intent of the Constitution to pro-
vide, as far as possible, that every State
should have two senator's.
First the constitutional convention hes
itated between comforting the power OF
appointing Senators upon the Executive
and the Legislature Of the State in the be-
ginning Like the Legislature, the Execu-
tive OF the State was supposed 10 repre-
sent the viii of the people Under the
constitutional arrangements then existing
he appointed all State officers and appoint
ed two judges who held their office for
life. So there is no reason to suppose that
they considered the Executive an unfit in
strument for such appointment And they
settled the question by giving the power
OF permanent appointment to the Legisla-
ture and Of temporary appointment to the
executive.
'Second-We can conceive no reason like
ly to have influence on the trainers OF the
Constitution for making n distinction be-
tween cases of vacancy occurring In one
way or at one time and vacancies occur
ring in any other way or at any other time.
The office of Senator may be at any time
of infinite Importance TO the interests of
a State. Upon single vote may often de-
pend and sometimes has depended the fate
of measures which would bring prosperity
or misery into every work shop and almost
every family in Pennsylvania. We do not
believe that when the Constitution was
enacted II would have occurred to anybody
that IL a Senator died within week of the
adjournment of the Legislature or at
time when there were three parties In the
Legislature who could not agree or at a
time when the two Houses which formerly
made an election by concurrent vote were
of ways of thinking in politics so different
that they could not be reconciled, that the
State must remain unrepresented until
new Legislature should be chosen. They
meant, as We believe, that for the interest
CT the State and the interest of the whole
country the Senate should always be full
SO far as they could devise constitutional
mechanism to accomplish that purpose
They say further that "the language of
the very clause in question cannot be con-
strued as the opponents of Mr.. Quay would
construe Ii. or in any other way than the
undersigned construe ii, without destroying
its own purpose IL there be no power in
the Executive of Pennsylvania to appoint
successor to Mr. Quay under this clause
of the Constitution, there is no power in
the Legislature TO choose such successor
until the end OF the term; and In every
case where a Senator dies or resigns, where
the Legislature is not in session, where,
after such death or resignation, the Legis-
lature has met and adjourned without
choice or wherever at the beginning of
term. the vacancy remains untitled, IL
must remain untitled until the end of the
six years, according TO the logic of the
majority of the committee"
On another point the minority says: "It
is said that If the Legislature has been
In session after vacancy and has failed
to fill Ii the State Is in fault; that the
Legislature has neglected its duty, and so
fits not unjust that the State should suffer
There are two answers TO this argument.
First, that il is for the interest of the
whole people that every State should be
fully represented; and second, that there
is no fault to be imputed to the Legisla-
ture OF a State or to the people where
majority vote is required. IL there be
failure to elect. VIII anybody claim that
the case of a failure to elect president
for want of constitutional majority.
case provided for by comforting a power
upon the House of Representatives voting
by States, is the cause OF fault or negli-
gerce on the part OF the people?"
The minority then gives considerable at
tentfon to the various cases and concludes
as follows: THE case of Allen. of Wash
ington, was decided with the Lee Mantle
case and without argument. a decision to
which Mr.. Bcckwith, of Wyoming. sub
time there was earnest division in the
Senate on an important question relating
to the currency. which created for the
time being more earnest differences of
opinion than those existing between the
two great political parties on other ques-
tions- 1t was time not favorable to
dispassionate, nonpartisan Judgment. We
prefer the authority of the New Hamp-
shire case. which was acted on, also in
the case Of Mr.. PascO, of Florida, and we
think that a decision which must newt
ably deprive States in the Union for long
periods Of time OF their rightful repre-
sentation under the Constitution will not
be permitted long to stand, and that no
settlement OF the question in derogation
of the rights of the States, and, as we
conceive in violation OF the intent of the
trainers OF the Constitution should be ac-
guessed In