The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-24
THE SALT LAKE HERALD. WEDNESDAY. JANUARY %. 1907

chance, 50 that it does not apply at all
to the case Of a vacancy at the begin
ming Of a term, which does not come
by chance. but is foreeeeh and newt
abla2'
This question is answered as follows:
IF the words have the former meaning,
then all distinctions between cases
where a legislature has been in session
and those where a legislature has not
been in session, between vacancies at
the beginning of a term and vacancies
beginning after the term itself has be
gun and the Office for that term once
filed are without Importance. We
think that the former is the true mean
ing of the constitution. We think that
il was the intent Of the eonstitu-
ton to prOCide. as far as possible. that
every state should have two senators.
VIII CT the People.
'F'frst-The constitutional convention
heSiJated between eonferring the power
of appointing senators upon the execu-
tive and the legislature in the state in
the beginning. Like the legislature,
the executive Of the state was supposed
to represent the viii Of the people IN
DER the constitution then existing he
appointed all state officers and ap-
pointed judges, who held their Offices
for life. For there is no reason to sup
pose that they considered the executive
an unfit instrument for such appoint
ment. And they settled the question
by giving the power of permanent ap-
pointment to the legislature and OF
temporary appointment TO the eXecu-
tive.
'Second-We can conceive of no rea-
son likely 10 have influenced the franz
nT-c "a h|1 oorcAfkr4Az1r. l. q,
4 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 Offices
Of senator may be at any time of in
finite Importance to the interests Of q
state. Upon a single vote may often
depend, and sometimes has depended,
the fate of measures which would bring
prosperity or misery into every work
shop and almost every family in Penn
sylvania.
State Should Be Represented.
I'VE do net believe that when the
constitution was enacted it would have
occurred to anybody that if a senator
died within a week Of the adjournment
of the legislature or at a time when
there were three parties in the legis-
lature who could not agree. or at a
time when the two houses who former
~ made an election by concurrent vote
We're of ways of thinking IL politics so
different that they could not be recon-
ciled. that the state must remain IN
represented until a new Legislature
should be chosen.
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 the language
Of the every clause in question cannot
be construed as the opponents of Mr.
Quay would cOnstrus it, or in any
other way than the undersigned con-
stTue it, without destroying its own
purpose If there be no power in the
executive Of Pennsylvania to appoint
a 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, or where after such death
or resignation the legislature has met
and adjourned without a choice. or
wherever, at the beginning of a term,
the vacancy remains untitled. it must
remain untitled until the end Of the
six years according to the logic of
the majority Of the committee
20 the Interests of the People.
On another point the minority say:
1T is said that if the legislature has
been IN session after a vacancy and
has failed to fill it the state is in
fault; that the Legislature has neglect
ed its duty, and so it is not unjust
that the state should suffer. There are
two answers to this argument. First,
that it is for the interest of the
whole people that every state should
be fully represented. and second. that
thare is no fault to be imputed to the
legislature Of a state or to the people
where majority vote is required, if
there be a failure to elect.
will any body claim that the case
of a failure TO elect a president for
want of a constitutional majority, a
case provided for by Con1erring
power upon the house Of representa-
tives voting by states, is the case of
fault CT negligence on the part Of the
paopie2"
The minority then give considerable
attention to the various cases and
conclude as follows:
Various Previous Cases.
he Use OF AlltI OF W aEfltllSLO0
was decided with the Lee Mantle case
and without argument. a decision to
which Mr.. Beclwith Of Wyoming sub
mitted without further contest. At
that line there was an earnest division
in the senate on an important question
relating to the currency. which created
for the time being more earnest differ
ences Of opinion than those existing
between the two great political parties
on other questions. It was a time not
favorable to a dispassionate. non
partisan judgment.
We prefer the authority Of the New
Hampshire case which was acted on
also in the case Of Mr.. PascO of
Florida and we think that a decision
which must inevitably deprive states
in the union for long periods Of time
of their TightfUI representation under
the constitution viii not be permitted
long TO stand. and that no settlement
of the question in derCgatiOn of the
rights Of the states and, as we con-
ceive, in violation of the intent Of The
trainers of the constitution should be
acquiesced in