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

cult to sec how, except by The most strained
construction, senatorial vacancies not upon a
precisely similar basis vacancies occurring in
an appointve office or the house of representa-.
tiNcs. The ONCE is vacant; the constitution Of
the United States intended that all the offices
Of the government shoulc be filled. Some sen.
ator has said in past years that the constitution
abhors vacancy as nature abhors u vacuum.
IL is essential to the very purpose OF govern.
mcnt that vacancies should be filled Reference
is made to a provision in the constitution OF
Pennsylvania relative to the filling of vacancies.
Article 2, section 4, Of the state constitution,
provides as follows:
TN case Of a vacancy in the Office Of United
States senator fiom this commonwealth, in a re.
cess between sessions, the governor shall convene
the two houses, by proclamation, On notice not
exceeding sixty days, to fill the same"
In considering this provision OF the coDstitu
tion OF Pennsylvania, II is observed that the
federal constitution is the supreme law of the
| land and OF paramount authority in all matters,
including the duties OF federal, state, and other
public officers. The chief executive OF any state
can follow any rule Of official action prescribed
by the federal constitution TO the exclusion OF
different rule prescribed by the constitution
and laws OF his state. 1t therefore follows that
when vacancy happens to exist during the re-
cess OF the legislature oi any state in the Office
Of United States senator, the executive thereof
may make temporary appointment under tne
clause of the constitution which has been so fully
considered, until the next meeting of the legisa
| turc, even il the constitution of the state pro
| yides different method for the filling of yacan
cics. Section 2, article g. Of the constitution
| Of the United States, provides follows;
"This constitution, and the laws Of the United
| States which shall be made in pursuance thereof
| and all treaties made, or which shall be made
| under the authority Of the United States, shall
| be the supreme law of the land; and the
| judges of every state shall be bound thereby,
anything in the constitution or laws OF any state
| TO the contray notwithstanding.
This provision of the constitution has beer
from time to time literally construed by the ST.
| prcme court of the United States. The governor
of state has authority der section of article
| ? of the federal constitution. which is the SUI
| preme law of the land, to fhl vacancies that cX
| ist and that authority is supreme and paramount
| to any state regulation. In other words the
provision of the Pennsylvania state constitution
| in reference to calling an extra session Of thC
| legislature to ill vacancy in the office o
| United States senator cannot abrogate or annn
the provision Of the federal constitution unde
| which the executive makes temporary appoint
| ments to fill vacancies It is true that claus,
| l Of section of article | Of the constitution o
| the United States provides that:
| "The times places and manner of holding
| elections for senators and representatives, shal
| be prescribed in each state by the legslatur,
| thereof