The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1900-01-24
;,r;,y and Minority Commit
r. p.po,ts Are Laid Before
.hc Senate.
;,r;ty Report Holds Senate
hat Responsible for Legisla-
tive Negligence.
r.ry Contingency but This One
Provided Against in the
Constitution.

,.u,yc7ox. Jan. H.-The reports
~. oommittc- on privileges and cleo
:. !, the case Of NJ. $. Quay. who
;ns . sat in the United States sen.
| on III, strength Of an appointment
- ,be governor Of Pennsylvania. have
; rr.u,,d IN the senate. The ma.
,,v rr1r, opposing the seating Of
on,y was ,,cncd by Senators CAT
p,ru>. Iurlcy. Harris and Bur.
:. N, Ia, named the only Rcpubh.
sgulns il. The minority cport
.r the signatures Of Senators Hear.
,pi.r p,l.chnri and McComas. all
nnN,,au,. and advocates giving the
Ii 10 Mr. Quay
Tb. majority rrpprt reviews the cir.
|msano,, under which Mr.. Quay's mp.
lp,men, VI, made. including the
lure 4 ,nr Pennsylvania Legislature
els, ,eaa,"r II then says:
Ouly Until the Neat Meeting.
ATE. rasancy IN the office of United
htes senator uccur. or comes to yxass.
thf n.1, l,s.s.atur" does not ill it. il
mlnue> 10 exist IL is tho same VA.
hcy. not new one. Now the state
cutiye i cly,ul-,wcr to make tempo
r. appointments III case OK u vacancy.
as .on9 a, il continues or exists. but
" until the next meeting Of the legis.
fun, which i then required to I'LL the
caney, Tal. clearly means that the
nnount intention Ia have the legisla.
n eho"~' the senator's il 10 prevail.
d whenever tn" legislature has had
: oppy'um'v to I'll the vacancy either
Pore or after II occurs. the execu.
Aa> 10 power to appoint.
when W. take the phrase.
vacancies happen by resignation or
ae!Ti~e during the recess Of the lcgis.
lfe q any state, : il we conccsle that
GENERA. word otherwise" is no,
A.lTa nor limited by the specific word
Fssas'ln and that IL includes VA.
i'''s winch are caused by efliux oi
re aal winch can bc forcscn, as well
'A'ahrie, which ARE caused by u cas-.
~ p" lA' happening Of All expected
-. ~ "''a winch cannot h furcscen
!, :, " mus l. construed and defined
:" '''s''i" ~ the balance Of In,
:" - give effect to NIL It's PARTS
-. =" 'au' ''>nl', that the vacancy. nc
i. ~" I I, produced. must happen
F'" Or h"sln during n recess oi
A. ,',A'lFe, and this in itself would
'' against Mr.. Quny's claim. ;
~ '"''hti'n I" rrovid~ For This.
aS o'i1ngency is thus provided
,,.l,. laeP The sole contingency that tn,
~ ,'e VIII fail to perform its swor,
nd Il 'sa'hst n contingency of thi,
], i,. -. 'rl'nors II the Constitution die
\. Intend 10 provide"
bno. us'ass'ng mt length the circum
under which tho Constitutio,
SpeI,'. Ia,'''''' tho majority announces it,
~, y,.>''h rs follows:
Do,.', :. 'Alnk that the frnmcrs az th,
hded '''' ;, never contemplated nor In
A,e h. = !, provide for case where ,
kprva = '' own deliberate act shoult
sn "S legislature of the power
Svjnn;, "f entire term mt IL
ten1ad IN our opinion they neve,
enr :" give tho governor Of stat.
Rss,, ef 70 fill the entire terms b,
asx asxhpl''lntment. unless possibly In
AdM M"cre the Legislature had chosel
h o p'r,on !, elected had refused I.
hr soa,' n,'' before qualification. I,
apMn." "S We conclude that the powe
hles ,h h''nen' was not to be cxeruiset
| the lsn; vacancy occurred in . recess
bne c,. S'>,"tnrc and was occasioncd b,
Ill., ru'l'y ~" like death or resignation.
feulon,.p p,' then quotes numerou
y Jobns "glnning with that Of Ken
osinv n.y., "' Delaware, in 1904, an.
" Of ora a the case Of Henry w. Cor
The N; aeoh In 1898.
ew. ono.y o''y report takes the opposit'
9 sling Section 3, Article / o
e failure "',o',' tho minority n.y tim
VI the governor To call tn