Omaha daily bee., 1900-01-24

senator died within week OF the adjourn
l ment OF the legislature or at a time when
I mere were three parties in the legislature
( who could not agree, or at time when the
Two houses who formerly made an election
I by concurrent vote we're OF different ways
OF thinking in politics, so different that
they could not be reconciled. that the state
must remaip. unrepresented until a new
legislature should be chosen"
The report further says that: THE
language Of the very clause in ques-
tion cannot be construed as the op-
ponents Of MIR. Quay would construc
IT, or in any other way than the
undersigned construe it, without de-
sroying its own purpose. II 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
choice or wherever at the beginning of
term the vacancy remains untitled, 1t must
remain untitled until the end of the six
years, according to the logic of the majority
of the committee"
iNb answers tO
On another point the minority says; at
is said that, If the Legislature has been in
session after a vacancy and has failed to
fill 1T the state is in fault; that the legisla-
ture has neglected its duty, and so 1t Is
not unjust that tho state should suffer. There
are two answers to this argument.
81. That 1t is for the interest Of the
whole people that every state should be
fully represented, and
"2. That there is fault to be
imputed to the Legislature of a state or to
the people. where majority vote is re-
quired, II there be a failure to elect. Will
anybody claim the the case of failure to
elect president for want of a constitu-
tional majority. a case provided for by con-
ferring power upon the house OF repre-
sentatives voting by states, is the case of
fault or negligence on the part of the peo-
ple?"
The minonty then gave considerable at
ton to the various cases and concludes as
follows ...
THE case of Allen of Washington was
decided with the Lee Mantle case and with |
out argument, decision to which Mr.. Beck |
with of Wyoming submitted without further |
contest. At that time there was an earnest |
division in the senate on an important ques- |
tion relating TO the currency, which created |
for the time more earnest differences of |
opinion than those existing between the |
two great political parties on other ques- |
tions.
1T was a time not favorable to a dis |
passionate, non-partsan judgment. We |
prefer the authority of the New Hampshire
cases, which was acted on also in the case
Of Mr.. Pasco of Florida and we think that
A decision that must inevitably deprive
states in the union for long periods of time
IF their rightful representation under the
constitution will not be permitted long TO
stand and that no settlement of the ques-
ion in derogation of the rights of the states
md, as we conceive, in violation of the in
ent Of the trainers of the constitution, should
)e acquiesced in