Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-11-24
Gan YOUNG HOLD T
DEADLOCK ENSUES!!
UNIVERSITY LAW PROFESSORS
PASS UPON POLITICAL PROB
LEM.
DECLARE SENATOR CAN HOLD
UNTIL SUCCESSOR Is NAMED
Say Incumbency Will Continue Until
Some One Else QuaIifiss-Find No
Law on Point But Unearth Similar
Controversy Of Century Ago as Bear
ing on Possible Contingency.
to Times-Republican

i
Iowa City. Nov. PA group OF uni
versity of Iowa college of law profess
sors today discussed and passed partial
Judgment on a political problem, just
now attracting widespread attention in
this "standpat" district and elsewhere
in Iowa: "Will Senator-elect Lafe
Young cease to hold the office OF sena-
tor on the day when the legislature
shah ballot for senator as prescribed
by law ,"
"Or does the appointee continue to he
senator until his successor Is elected
and has qualified. long as this con-
:inuation Of the appointee's time does
not extend beyond the time for which
the man was elected, whose place was
filled by appointment"
The Iowa educators. who are pre-
sumed to know the law and the gos-
pei" in these matters expressed an un-
Willingness to pass snap Judgment"
but they declared to a representative of
the Times Republican that they were
inclined to believe that Senator Young
will legally hold his post and remain
Iowa's senator until his successor shall
have been elected and shall have quail
fed-and that this incumhency will
continue after the coming session OF the
| legislature, If that body falls to name
the senator's successor.
May Mako Deadlock.
In other words. Senator Youngs
standpat friends in the Legislature may
| fight to a finish" for him: while the
insurgents may battle as determinedly
for their candidate, and thus create
deadlock of indeterminate tenure. In
the meantime. IL the college OF law
men have "gues I'd right the very first
time" as the words of the old song
have it. Lafe Young would continue to
be senator, just as safely as II the
legislature elected him.
Case in Point.
| One prominent member OF the law
| faculty searched the records carefully,
so far as limited time permitted. and
found that the United State courts had
seemingly passed judgment on this
problem at no time-So far as the great
law library here indicates-but that the
United States congress, century ago
took action in a kindred IL not Identical
case, and thereby established prece-
dent---or near precedent = and that
seems to be the only case of pertinent
type in all the annals of senatorial con-
troversy, discoverahle in the records
of 100 years The senator in question
was allowed To hold his seat.
The Samuel Smith Case.
The records of the first session al
the Eleventh congress detail the case
of Samuel smith. senator from Mary
land. from March 4, 1903. to March 3.
1915, and from Dec Il. 1892 to March
=, 1882.
ON the expiration of Mr.. Snith's
frs: term. March 3, 1909. the legisla-
ture of Maryland had not elected his
successor. and was not then in session,
and he was appointed by the governor
ON March 4 to I'LL the vacancy until
the next meeting of the legislature.
which would take place on the 9TH on
June.
Thereupon sir Smith. addressed Il
letter to the senate. setting forth these
facts. and submitting to its determine
ton the question whether the appoint
ment would or would not cease on the
! first day of the meeting of the legis-
lature
l., was determined that he was en-
I titled to hold hit seat in the senate
during The session OF the legislature
/ unless the legislature should MI Sucii
vacancy by the appointment or SEN
! ator and the senate be officially in
I formed thereof.
/ Under these credentials, Mr.. Smith
held his seat during the special ses-
! sion of the senate. March to Z. 1909,
and during the first session of the
eleventh congress tMay 90 20 June Is,
1sO9).
on Nov. 16. 1909. he was elected by
the legislature and Dec. 4, in the next
| session of congress. he produced his
credentials OF election and the oath was
administered