The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-25


seen casualty, accident, but that It is ac-
| tually restricted by the words of the consttu-
| uon 30 vacancies occurring by resignation or
| some similar cause. these words are held TO he
| words Of restriction II IS said that the word
| "othcrwisc' does not mean "otherwise,' but
| likewise" and that The vacancy must be of
| similar character to that Of the resignation.
| Dihcult as 1t may he to detect any similarity,
| vacancies caused by death are Arbitrarily placed
| in the class of those similar to vacancies caused
| by resignation or vacancies caused by expulsion,
| Notwithstanding the fact that the one is volun.
| tary and the other two are involuntary Expul-
| sion for cause is vacancy similar TO resigna'
tion according to this arbitrary classification,
although some grave DOUBT has been raised as
| 10 whether person incapacitdted from insan-
| ity would properly come within this classih-
| cation.
| Vacancies caused by defects in state oonstitu.
tions or by the determination OF senatorial
| term by lot welcomed approaching in
character those due to death, expulsion, or in
| sanity, but the arbitrary line is drawn on one
of the most unexpected and uncomfortable con.
tingencies winch usually happens in modern
| times. the inability Of the legislature of state
| TO elect senator. It must be borne in mind
| that the plain language of the constitution does
not classify vacancies for the purpose Of max
ing temporary appointments permanent clec.
| tions. The constitution does not specify that
| certain kinds Of vacancies are TO be filled by
| temporary appointments and certain other kinds
| by permanent elections These classifcations are
arbitrary ones, made by those who seem deter
| mined TO make every effort to find some loop
hole throug" which states can be deprived Of
their representation in this body on some oc-
| casons
Those who take technical view of tho con-
stitution hold that the words resignation, or
otherwise" words of limitation, and that
the word "othcrwisc" is intended to indicate a
1Npl. haY,V Ia, r.tlh nf.nr
as by resignation. Those who take broader
and more liberal view of the constitution con.
tend that the word "otherwisc" Is intended to
cover every other kind of vacancy that may
happen and exist than by resignation 1t is a
cardinal rule in the Interpretation of consttu.
tions that the instrument must he construed
TO give effect to the intention of the people who
adopted it,
Never forget" said Chief Justice Marshall in
Mccullough VS.. Maryland THAT it " consti.
tuition we are constituting" 1t has been frequent.
ly decided that the words in constitution
are to be taken in their natural and popular
sense, unless they are technical legal terms. in
which case they to be taken in their legal
signiication. The words resignation, or other.
wise are not technical legal terms, and there.
fore do not come within the puryiew of the
exception to the general rule. The general rule
OF construction certainly must apply to the
words resignation, or otherwise" The popular
as well as inc Pathological meaning OF the word
otherwise" is "other ways" and il this rule is
to be applied. it would seem though there
could be no doubt what the word ''oherwiSe"
means as used in the constitution. Senator I'd.
munds, in a very able presentation of the Bell
case. among many other striking points made,
stated the rule as follows:
"The Constitution is speaking of vacant offices,
and not of the incumbent at all except in the
first place. There is where the senator from
Georgia and | appear TO differ. The constitu-
tlon is looking to have each state represented
in this body all the time, and by some method
the constitution provides and looks to do it;
and, therefore, when it the word "other'
wise it uses comprehensive term, so that in
whatever way a state ceases to have opportun-
ity to express its full voice here in this council
of states, it shall be filled up temporarily by
the governor until the legislature, the chief and
sovereign power in -.e state, at its next meet
ing, can lave an opportunity to All it."
DEBATES IN CONVENTIONS.
| 1t is admitted that in the consideration OF con.
sttutional questions too much weight can not
be attached to citations from the debates in
conventions. They of value showing the
views of individual members and as indicating
the reasons for their votes They do no., how
ever, give us any light to the views of the
large majority w..o did not speak. 1t is rec
ognized principle, therefore, that in the end
the constitution must be construed from what
; appears upon its face. At the same time the
! evidence which find in the debates OF the
federal convention regarding the question as &c
whether not the words resignation 9th
; erwise" are words OF limitation is so clear and
to the point and so absolutely corroboratve o.
the plain and evident reading of the objects
OF the constitution hat it is essential TO refer
? to it. As mate: of fact the original dra
of the constitution did not CONAN the words
'by resigna uon, or o,nerwise." The report o
the committee Of detail, as set forth in the de
bates in the federal convention, section l, ar
tclc s. reads as fouows:
''Thc senate of the United states shall be cho
sen by the legislatures Of the several states
Each legislatur" shall choose two members. Va
Cancics may be supplied by the executive unit
the next meeting of the legislature. Each mem
= Der shall have one vote
Several interesting points are found in the de
\ bates upon this section and every one bears ou
I the argument contended for as to the validit,
of gubernatoria appointments. Mr.. Wilson, o
y Pennsylvania, objected to vacancies in the sen
T ate being supplied by the executives Of TIN
t states. lie thought it removed the appointment
TOO far from the people, the executives in mos
y Of the states being then elected by the lcgis
= latures As he had always thought the appoint
e ment Of the executive by the legislative depart
+ mcnt wrong, so it was still more so that In
executive should elect into the legislative depart
" | ment. Thcreupon Mr.. Randolph declared tina
+ he though the provision necessary
''In order to prevent nconvenent chasms il
q the senate"
o lie went to say
" ! sin some states the legislatures meet but ono
+ a year As the senate will have more powc
II and consist OF a smaller number than the othe
: | house, vacancies there will he of more signifC
( ancc. Tie executives might safely he trustee
$ with the appointment Tor so short time"
c Mr.. Ellsworth was evidently impressed wit
;, the same idea, that some means must be pro
q vidcd so that the senate should always be full
/ lie called attention to the fact that the cxecl
:, tive "may, supply vacancies" When the legis
c lative meeting happened to be near, the powe
l. would not be exercised. "As there will be bl
two members from a state" he said "vacau
& Cies may be of great moment" On the Questio
n OF striking out Vacancies may be supplied b
e the executive" the amendment was defeated b
r a vote Of to l. There could be no more stril
q ing illustration than is found in this porto
e OF the debates as to the paramount idea in tn
e minds of the trainers Of the constitution that tn
/ senate should always he kept full by their mal
l. ing complete provision for temporarily hllin
y vacancies when legislature was not in se'
p sion. The question then in the debate,
J. raised by Mr. Madison, whether resignation
G could be made by senators, and he moved I
D. strike out the words after vacancies" and il
It sert the words: Happening by refusals to aC
Is cept, designations otherwise, may be supple
e by the legislature in the representation of whic
y such vacancies shall happen, or by the executiv
= thereof until the next meeting of the legisla
D. ture."
le Mr.. Madison, perhaps, had in mind the cas-
D. of a member OF lne English parliament who coul
not resign, and in order 10 give up his offic
- he was Obliged 10 accept the stewardship of III
N Chiuen Hundreds, nominal position, whicl