The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-24

the words have former meaning, then al
| distinctions between cases where a legis
/ Iature has been In session and those where
! a legislature has not been in session be-
! tween vacancies at the beginning of 6
| term and vacancies beginning after the
! term itself has begun and the office fol
| that termr once filled, are without impor-
! lance. w tknihtethtawt.y ofiiaw-e
! tance. We think that the former is the
true meaning of the constitution. We
think that it was the intent of the con-
stitution to provide, as far as possible,
that every state should have two sena-
tors.
First The constitutional convention
hesitated between comforting the power of
| appointing senators upon the executive
and the legislature of the state in the be-
ginning. Like the legislature, the execut-
i've of the state was supposed to represent
the will of the people. Uuder the consti-
tutional arrangements then existing he
appointed all 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 instru-
settled the question by giving the power
Of permanent appointment to the legis-
lature, and of temporary appointment to
tha- executive
Second. We can conceiivie no reason
likely to have influenced the trainers of
the constitution for making distinction
between cases of vacancy occurring in
one way or at one time and vacancies
occurring in any other way or at any
other time The office of senator may be
al any time of infinite Importance to the
interests of a state. Upon single vote
may often depend, and sometimes has de-
pended, the fate of measures which would
bring prosperity or misery into every
workshop and almost every family in
Pennsylvania We do not believe that
when the constitution was enacted 1t
would have occurred to anybody that II
a senator died within a week of the adj
jOurnment of the legislature. or a a time
when there were three parties in the leg
stature 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 reconciIed that the
state must remain unrepresented until a
new legislature should be chosen. They
meant, as we believe, that for the interest
of the state and the interest of the whole
country the senate should always be full.
50 far as they could devise a constitu-
tional mechanism to accomplish that pur-
pose"
They say further that "the language Of
the very clause in uestion cannot be con
sJrued as the opponents Of Mr. QUAY
would construe it, or in any other way
than the undersigned construe it. without
destroying It's own purposes If there be
no power IN the executive of PennsyI-
vania to appoint a successor to Mr.. QUAY
under this clause Of the constitution.
there is no power in the legislature 10
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. or where. after such death
or resignation. the legislature has me.
and adjourned without a choice. or where
and adjourned without a choice. or wher-
ever. at the beginning Of term. the
vacancy remains unified. il must remain
untitled until the end OF the six yearr.
according to the logic Of the majority
committee
On another point the minority says: 1T
is said thal If the legislature has been il
session after a vacancy and has failed 70
Sn il the state is in fault; that he Ieg!s- :
AZURE has neglected It's duty. ard so 81 IS
no, unjust that the state should suffer.
There are two answers 20 this argument.
First thar it Is for the interest q the
whole people that every state should he
fully represented. and. second. that there I
IS ne fault 80 be imputed 10 the leglslat-
1-e Of state or 70 the people. where a +
majority YOKE IS required. Il there De a
failure 10 eject. WIZ anybody claim that
the case O. failure 70 elect a presiden.
for want Of constitutional majority. a .
case provided for by conferring power
upon the house of Representatives voting
oy states. Is the case u faux Il negligence T
3a the par, a the pe5rie7
7 be minority thar give considerable a.
ea1ieE 20 The verious cases sad c3rclu,ie
as follows: ''The case Of Allen y Wash