Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-07-18

ton of William Lorimer to the senate
Of the United States from the state of
Illinois and that his election was there
fore invalid"
The adoption of this resolution July
Is was a complete notification of Lor-
liners election, the attorney general
holds. The conduct of Lorimer is not
taken into consideration. II was the
manner of his election only. Since the
United States senate constitutionally
is the Judge of elections. returns. and
qualifications of its own members"
and therefore the only tribunal endow-
ed with power to determine the validity
OF Lorimer's election. its verdict is
final. The situation is the same, in
the opinion OF the attorney general, as
/ if the general assembly of Illinois, in
1909, had failed absolutely to elect a
senator.
WOULD HAVE NO TITLE.
Z He holds, further. that any temporary
sppCintee Of the governor 10 fill a por-
ton OF the term supposed TO have been
started by Lorimer. would not hare any
title to the Office of United States sen
ator. In other words, since the legis-
/ latuTe failed properly TO elect a sena-
tor in 1909. st is up to the legislature
and legislature only to elect a success
sor to Albert ]. Hopkins, whose term
] expired three years ago.
/ The attorney general, in his opinion,
cites the recent cases of Lee Mantle
of Montana and Matthew s. Quay of
| Pennsylvania. In the case of the for
mer, the legislature failed to elect
Mantle's successor and the United
States senate refused 10 recognize the
/ credentials Of a man who the Montana
executive appointed TO fill the vacancy,
on the ground that no vacancy existed
The Quay case was similar Both cases
involve directly the power of a states
executive to appoint TO fill a senatorial
vacancy where no such vacancies tech
nicaliy exist
The attorney general admits the de-
batability Of the question at issue. but
declares his belief that, within the con
struction OF the second paragraph of
section 3. article /, of the constitution
of the United States, no vacancy ex-
lists.
IL Up TO LEGISLATURE.
Admitted that the attorney general
is correct in his construction of the
law in the Lorimer successor case. il
remains then that it will become the
duty Of the general assembly to elect
not only a successor to Shelby NJ. Cul
lon, for which Office Lawrence Y
Sherman has been nominated by the
republicans Of the state. but a success
sor also TO Lorimer. 1t is presGmeC
the election of the senator to fill GU
the term which otherwise would have
been filled by Lorimer will be for III,
remaining three years of the term. II
holding the governor has no power L
appoint, the opinion SAYS:
TO fully investigate and conside
the question submitted and to prepar
an exhaustive opinion thereon. dis
a cussing 1t from every point of view
q suggested by the preCedents would re
q quire much mere time than | have {
A devote 10 II. | am compelled 10 col
n tent myself with a rather cursory il
| vestiEatiOn and, while think ii is
r question upon which legal minds ma
|. and will differ. I have reached the cor
< clusion that there is no vacancy in III
n office of senator in the congress of tn
n United States from Illinois at this tim
d within the meaning of the second par;
i graph of section 3, article | of the col
!, stitution of the United States and tha
/ your excellency has not the power I
= appoint"
4 GOVERNOR Is SILENT.
y Governor Deneen. when asked Ia,
night if he had any statement to max
IS regarding the opinion. said there woul
g be nothing 20 give out: that the opil
n ion had been filed with him late an
J. he had not yet given It careful ate,
/ ton. Neither would he state what.
view OF the opinion. his intention
70 might be with reference TO calling
& special session Of the legislature II
y the purpose OF electing a United Stat,
~ senator.
- Soreness OF the muscles whether (