Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1900-01-25

pointment CO the governor of Penn
sylvania, We're presented in the senate,
today. The majority report. opposing
the seating of Quay. reviews the cir
cumstances of Quay's appointment.
including the failure of the pennsyl-
vania legislature to elect a SENATOR
then says:
".Nfter Il vacancy in the office of
United States senator occurs. ii the
Legislature does not fill it. it contli-
ues to exist. 1t is the same vacancy,
not new one. Now the state eNccu-
tive. is given power TO make temporary
appointments i'm case of vacancy. not
as long as 1T continues or exists. but
only until the next meeting OF the leg
islaturc. which is then required Ia I'LL
The vacancy. This clearly means the
paramount intent to have the le9isla
ture choose senators is to prevail;
that whenever the legislature has
had an opportunity to fill Il Vacancy,
either before or after il occurs. the
executive has no power to appoint"
This is the main argumcn, i'm the
report, and il is presented from vari
Gus points of view and holds that um-
der IL representation of state IN the
senate is provided for under all except
he sole contingency of Il legislature
failing to perform its sworn duty by
electing. The report then cites nu-
merons presidents in support OF it's
position. beginning in 1901. aud con-
cIudes
IN statement OF these cases and
preccdents shows that from the be-
ginning of the government TO the pres
emit time the senate never recognized
the right of a state executive to make
temporary appointment where a va
canry happened on occurred during a
session of the legislature 1t shows,
further. that for sevcnty-tive years the
senate refused to recognize the right
OF IL state executive to make Il tempu-
rnry appointment even where Il va
cancN happened or occurred during u
recess of the legislature. ii the lcgis
lalurc. either before or after ii oc-
CURED and prior TO the date OF APP
pointment. had opportunity 10 fill it,
The minority report takes the OPP
posite view. Quoting section b article
| i. of the constitution. the minority re-
port says the failure of Il governor to
call the legislature together to elect
senator does not act to deprive tho
governor of the power of appoint
ment. referring to tho constitutional
provisions the question is asked:
Does the language of the constitr,-
tion of the United States mean Just
what the constitution of the commons
wealth of Pennsylvania says: In
case of Il Vacancy i'm the office of
| United States senator i'm Il recess be-
tween sessions, or does it mean that
the vacancy must he one which comes
| by chance, so that it does not apply mt
all to the case OF Il vacancy at the be
ginning of term. which does ,.ot
come by chance. but is forcseen as in
cvitnble?"
This question is answered as fol-
4 lpws:
all the words have the former mean
ing. then all distinctions between
eases where the legislature has been in
session and those where the lcgisln
/ turr has not been i'm session. between
vacancies at the beginning of Il term
and vacancies beginning after the
| term itself has begun and the Office for
that term once filled are without inn
portancc. We think the former is the
true meaning OF the constitution. We
think it was the intention oil the CON
stitntion 10 provide. as far as possible.
i that every state should have two sep
1 ators.'
This last clause contains the main
contention OF The minority. The de-
STABILITY al having a full senate at all
times is dweIt ON deliberately. and va
riOuS prtcrGcntS are cited.