The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-06-14

In the appointment of Attorney Gen
eral Knox to succeed the late Senator
Quay, Governor Pennypacker has ss.rr-
ed up more discussion than by almost
any act of his administration. 1t is
not so much objection to Knox. for he
is probably as good a selection as the
present Governor could be expected TO
make, but 1t is the manner of his Sc
lection that causes the criticism. and
the discussion reveals a somewhat cur
ious condition of affairs.
The Constitution OF the United States
declares that the Governor of any State
may" appoint Senator to NIL va
cancy, or In the exact language of that
instrument: IF vacancies happen by
resignation, or otherwise, during the
recess of the Legislature of any state,
the executive thereof may make tenn
porary appointments until the next
meeting OF the Legislature. which shall
then fill such vacancies"
While this is not an absolute COM
mand. and while the Governor might
refuse or neglect to comply with it,
there is no doubt that Governor Penny
packer was clearly within his rights
when he made the appointment. so far
as the Federal Constitution is concern
ed and the trouble comes up be-
cause of the constitution of Pennsyl-
vania. That instrument declares tAat
"the Governor shall call an extra ses-
sion of the Legislature to fill United
States Senatorial vacancies occurring
In the recess between sessions"
Here is a command as positive as the
English language can make 1t, and 1t
declares that the Governor shall" call
an extra session 1t leaves him no
option and no discretion, il plain words
mean anything II the doctrinaries
and the hair-splitters will prove to us
that may" means "sA~.- in the FEEDER
al Constitution. and that shall" means
may" in the State constitution. then
we will be able to understand how
Pennypacker can obey one and ignore
the other. The present Legislature of
is elected in November ,and the Gov
ernor should have called 1t together to
| fill the vacancy. Or, by a stretch of
| duty and authority he might have let
the vacancy remain until the new Leg
islature assemblies and let 1t elect
| Senator. BY no method of reasoning
that we can think of can he justify
his act in appointing Knox. 1t was
| plain usurpation of power.
1t is not to be wondered at that
| Pennypacker's course is causing wide
comment and displeasure. When. last
year, he tried to crowd a press-muz-
zling law through the Legislature it
aroused such a storm of indignation
that the law makers dared not pass it.
but that was only an effort to overawe
the newspapers. while in the present
case he sets aside the State Constitu-
ton which he has sworn to observe.
| Whether he did 1t of his own free will
or by command of the bosses matters
little as far as he is concerned, though
it is altogether likely that he merely
obeyed orders.
And we are told that the members of
the Governor took the job from them
but we will let The Philadelphia Record
comment on them. 1t says
Their business is to shout for Knox
now that he is appointed, and to as
semble in Harrisburg next winter and
elect Knox for the full term not be-
cause the Attorney General is an able
man, but because they are told to by
the men who put them in the Legisla-
about the Scholarships Such effront-
cry is in bad taste. When were they
consulted about the Senatorship, OIL
anything else of sufficient Importance
to engage the attention of the bosses;
A year ago last winter did not these
marionettes. who pretend to be living
creatures, wait for orders from Wash
ington before they voted on any i'm
portant measure with one or two ex-
, ceptions, and in those cases did they
not reconsider their votes and reverse
their action as soon as the man who
owned them heard of what they were
doing and issued his commands t.
them? 1t is insufferable cant for Re
publican members of the Legislature t
demand that they be summoned in spe
cial session so that they can gC
through the motions of electing a Sen
ator, and more particularly so tina
they can get the salary and allowance
pertaining to attendance at Harris
burg.