The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-27
AS TO PRECEDENTS.

Unquesionably in the early history OF the
government there were precedents in favor of
contracted and ilibcral construction Of the clause
which gives the governor the right to appoint
senator's | have not seen better or more
lucid classification of the character of these mar
row constructions. indicating as it does the ma
ture of the muchtalked-of senate precedents,
than that made by the senator from New Hamp.
shire, the chairman of the committee privi-
legcs and elections, in his speech in the Mantle
case He defines the historical development or
four limitations attempted to be set up upon the
language OF the constitution pertaining TO the
gubcrnatorial power 10 make temporary appoint
ments The first limitation was that the gov
crnor could not appoint to All vacancy happen.
ing at the beginning of a senatorial term. The
word happen" was construed to mean a vacan-
cy happening in a term after that very term had
once been filled. That was an old and preva-
lent contention. Secondly, the limitation was
cOntended for that there could be no appoint
ment by governor in anticipation OF vacancy.
In other words, the governor OF a state under
taking TO exercise the power OF appointment
must wait until the vacancy actually happened,
and no matter how certain the vacancy might be,
no matter how sure the governor might be that
a vacancy would exist on a particular day, with
no possibility of filling it by means of the legis.
lature nevertheless he could not make the APP
pointment, but must wait until the vacancy ac-
tually happened and then make the appointment
at the seat Of government Of his state and let
the place remain vacant until the appointee
could reach Washington. Thirdly, the limita-
ton was set up, and it Is now under discus
sion, upon the power of the executive, to the
eNcct that II could rot be eNelted where the leg
islature OF the state had had an opportunity to
fill the vacancy and had failed from any cause to
do it, Finally, the fourth limitation has been
contended for, necessarily resulting from the
third, that after a governor had once made an
appointment his appointee could only hold his
office until the next meeting OF the legislature,
and, ii the legislature failed to elect. the gov
ernor could not make a second appointment.
The senator goes on to say:
These are, | believe, all the limitations which
have been put upon the power OF gubernatoral
appointments at any time during the one hun
dred years OF our governmental history. But
they have never prevailed as admitted and un-
disputed restrictions. They have always been
contested, debated, and re-debated, and have
never become established constitutional par
liamentary law. On the contrary, by advanc-
ing toward broad and liberal construction Of
the constitution, we have gone on step by step
to enlarge the scope of gubernatorial appoint
ments and to allow such appointments to be
made where the advocates of the old doctrine
would not agree 70 tolerate them. In the first
place, we have allowed many appointments by
governors at the beginning Of senatorial terms.
Senators are familiar with the cases Beginning
with the case Of Cooke, of Tennessee, in 1897,
and coming down to the case OF PasCo, in March,
1898, there have been thirteen cases where the
governor has appointed a senator to take his
seat at the beginning Of a senatorial term, and
in each case the senator has been admitted to
his seat BY these precedents we have utterly
destroyed the old notion that vacancy cannot
possibly happen in a term unless that very term
has once been filled Second the senate has
come TO allow an appointment 10 be made by a
governor in anticipation Of vacancy The in