The sun., 1901-12-11
MAKING BLANK PAPER OF THE
LAW

The opinion Of Chief Justice Fuller, Of
the Supreme Court OF the United States
expressed in recent decision az that
court, that the plain mandate of the law
ought 70 be obeycd, will we think com
mend itself to the heart and conscience
Of every good thinking citizen. The plain
mandate II the law. as We understand it
is that which il expresses 70 the ordinary
comprehension the mind Of the intel
ligent law abiding citizen, Il has come
u pass. however in this country whore
a general knowledge of the law, its in
tcrpretation and administration. il as
sumcd 70 be- necessary part 0f the
equipment u the citizen, that profess
cisions. cloud the law and make lis
meaning doubtful and the ordinary com
prehension Of ii difficult, aud in many
eases obscuring the plain mandate of IFS
written text. Reyivins an Old express
sion Chief Justice Fuller calls This
making blank paper of the law"
This tritely expressed opinion il cap
able ef general application, and - no
case Is if more apropos, than 70 the Sen
atoria situation in this State. The
Irregular" facti0nsts who have divided
and defeated the Republican party in is
efforts 70 elect United states Senators
from this State, have made blank paper
Of the law''-of national and State law
The plain mandate ~ the constitution Of
the United States in providing for
Senate of the United States. is that.
"Thc Senate shall b. composed of two
members from each State. chosen By the
legislature thereof" Iii guarding and
il provides vacancies may b. filled. tenn
p0rarilr, hy governors 81 the States dur,
ins legislative intelitiS and further pro-
ridea that all such vacancies. shall be
filed By the State Assemblies at the
next ensuing session. This mandate of
the law reaches all the legislative, exccn-
tive md Judicial officers of the United
States md of the State. il reaches them,
ana obedience % il i mad" obligatory hy
oath 81 animation. anything In State
constitutions Or laws 10 the contrary not
withstanlins The Law has been made
blank paper.
Section u article /. u Iii. United
States Constitution says:
"Ihr senate 1T the United States shall
be composed If Two Senators from each
State, chosen Is thc legislature thereof
FOR six years; and each senator shall
have aue vote" And If vacan-
cies happen Nv resignation, death oF
otherwise. during the recess ~ the lcgi--
lature II amy ,tate. the nyrcutiyc thereof
may make temporary appointments IN
iii tie next meeting If the legislature
which shali then fill such vacancies,
Ii viii 80 -"cn that the supreme law
u ill., land i mandatory upon this point
that Il vital alike to the state and tho
nation Il provides far Senate of a
certain specified composition. and that
specification necessarily includes all the
Stat.- nll The time. II provides for
every reasonable contingency, and puts
DIT tha Stare and national officers under
Obligations - support tins constitution
Iii tilt. as III mi its other provisions
sgaint any and All opposing law. u sns
kind Id any State n the Union. Will
these rlaiu requirements II The law ii
mind Il Il dihicult @ avoid sharp, harsl
jutgment. upon III" parties who hay
pnt flrlawarc III the position she ocen
pies There i positively No good txcus'
for il Il Is the bad fruit of factiona
disregard for law FIR the written law
md the unwrttcn Law established !,
custom far The settlement of such ii,
putes a- arise in the selection " pnbli
Officers,
famionalism the faetionalism born .
prejudice and hate, and that tranplc
dowu human rights, human laws an
customs nna that regards neither th
safety II States or the rights ~ man
making hlank paper u II" law il p"lt
ware