Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-08-18
Manner Of Appointment OF
A u. s. Senator.
Some Figures Regarding Fires
OF lnCendiaIy Origin.
Maine Will Be Represented at
Madison Square Garden.
STATE HOUSE CALENDAR.
Net Meeting of Governor and Counci
Wednesday, Sept. 81 at 10 A, M.

The unusual activity among certain
leaders Of the Democratic party in re-
gard 10 the selection of a United
states senator TO succeed the late Sen
atar FRYE coupled with The fact that
q t'nfted States senator has not been
appointed bv q governor to fiji a va
c.tacN during the recess Of the Legis-
ature for more than a generation, has
giPeIf rise to interesting discussions,
as to whether 1t was necessary for the
= appointment Of United States sena-
tor by the Governor TO be confirmed
by his executive council, and whether
the Governor was obliged 10 make an
appointment, previous to the next as
sembling OF the Legislature
The method Of choosing United
states senators is prescribed in Section
3 of the Constitution of the United
states, which provides that the Sen
ate Of tlfes United states shall be
composed Of TWO senator's from each
state. chosen by the Legislature there
al and thai II vacancies happen, by
resignation, or otherwise during the
recess 81 The Legislature Of any state,
IL executive thereof may make tenn
fafarR appointments until the next
Heetag Of tho Legislature. which shall
=, tftrn fiji such vacancies.
slt has hcen argued Y Some that the
phrase. sttht executive NAV make tenn
forair appointments. implies that he
shall make tie appointments In the
m4rner in which the Governor usual
~ makes appointments in this State.
With the advice and consent Of the eX-
ecHtive council while those who take
tile other view contend that nothing
5f The sort Is intended, that few states
of the Union have an executive conn
ell and that even in Maine, at least
me officer. The sanitary cattle commits
sinncr. IS appointed by the Governor
without action upon the part Of the
council
The records of previous appoint
ments by governors of United States
senator during recess of the Legis-
l9ture show that they seem to have
been made without action upon the
part Of the council. according To rec
afds OF the appointments on file a. the
saHiec Of the secretary 81 state
When Lot NJ. Morrill, resigned from
the United States Senate ia 1916 to
facome secretary Of the L :. Treas
Try and Coy. Gonnor appointed James
9. Blaine. on July 10 lS76 during
recess of the Legislature. as his sue
c@ssor the appointment is recorded as
made by the Governor and there is no
RECORD o. confirmation by tile council
The same IS tru" when. on OCT. -.
lS64. and during n recess in the Legie-
hture. Governor Cony appointed Ma
than 4. Farwel of Rockland as United
states senator TO succeed William Pitt
Fesserden. who resigned to accept ap-
peintmert as secretary Of the national
treasury.
1t is also pointed out by those who
have been engaged in arguing these
points that the T.. s. constitution does
not say that the Governor must" ap-
point, but that he may" appoint dur
ing recess of the Legislature, TO fill
vacancy in the senatorial delegation
SO that It would seem, II Governor
Plaisted so chose. he might decide not
Il" make any appointment at all. and
leave Maine without a second sana-
tor. until one was chosen. either by
the next Legislature, or the present
Legislature in special session. OF
course, the cost of special session of
thc Legislature for the choice of
ih'ted states senator would make that
course inpracticable. unless a special
session vas To be held for the consid-
Grafton of other matters, such as ney
'"hsfc9sional apportionment. or the
enactment 0f new legislation