The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-24

ME. for It's own honor ana dignity,
should stand by It's previous solemn and
deliberate decisions"
Minority Views.
The minority report takes the oppo-
site view. quoting section 3, article !,
Of the constitution. the minority say
that the failure Of the governor 70 call
the legislature together to elect a
senator does not act to deprive the
governor Of the power Of appointment,
referring to the constitutional provis-
ion, the question Is asked;
"poes the language Of the constitu-
tIon Of the United States mean Just
what the constitution Of the common
wealth of Pennsylvania says: In case
Of a vacancy in the Office Of United
states senator in a recess between ses-
sIons,' or does 1t mean that the va
cancy must be one which comes by
chance, so that 1t does not apply at all
to the case Of a vacancy at the Begin
ming Of term, which does not come
by chance, but is foreseen and ineyi-
tablet"
This question Is answered as follows:
III the words have the former mean
ing. then all distinctions between cases
where Legislature has been in session
and those where a legislature has not
been in session, between vacancies at
the beginning OF q term, and vacancies
beginning after the term itself has be-
gun, and the ONCE for that term once
filed, are without Importance. We
think that the former Is the true mean
ing Of the constitution. we think that
It was the intent Of the constitution to
provide, as far as possible. that every
state should have two senators.
First, the constitutional convention
hesltated between comforting the power
of appointing senators upon the excu-
tive and the legislature Of the state in
the beginning. 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 all state officers
and appointed judges, who held their
ONCE for life. So there is no reason to
suppose that they considered the exec
utive an unfit instrument for such APP
pointment. And they settled the cues
ton by giving the power Of permanent
appointment to the legislature, and OF
temporary appointment to the execu-
tive.
second, we can conceive no reason
likely to have Influenced the trainers Of
the constitution for making a distinc-
ton between cases of vacancy occur
ring in one way or at one time and va
cancles occurring in any other way or
at any other time The ONCE of senator
may be at any time of infinite import
ance to the interests OF a state. Upon
single vote may often depend, and
some times has depended, the fate OF
measures which would bring prosperity
or misery into every workshop and al
most every family in Pennsylvania. We
do not believe that when the constitu-
ton was enacted 1t would have occur
red to anybody that II senator died
within a week of the adjournment Of
the legislature or at time when there
were three parties in the legislature
who could not agree. or at time when
the two houses who 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 cho-
sen.
They meant, as we believe, that for
the interest of the state and the inter-
est of the whole country the senate
should always be full, so far as they
could devise a constitutional mechan-
ism to accomplish that purpose"
They say further. that 1.-The language
Of the very clause in question cannot be
construed as the opponents of Mr..
Quay would construe 1t. or in any other
way than the undersigned construe It.
without destroying its own purpose. II
there be no power in the executive Of
Pennsylvania to appoint successor to
Mr. Quay under this clause Of the con-
stItutIon. there is no power in the legis-
Iatpre to choose such successor until
the cnd Of the term; and in every case
where a senator dies or resigns, where
The legislature is not in session. or
where after such death or resignation,
the legislature has met and adjourned
,yi,bont a choice or wherever at the
hog1nr,nr Of a term. the vacancy re-