The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-07-02

in force IN the state Wnlcn pTONluS
for filling vacancies in office when
any such office shall become vacant
By virtue of said sections, when any
state office shall become vacant it is
the duty of the governor to appoint
person, who ii the office is one
which the law requires to be filled
by appointment, shall continue in Of
flee until a successor shall have been
duly appointed and qualified accord
ing to law. Said sections do not
authorize or require such an appoint
ment to be by and with the advice
and consent of the state senate.
Only Original Appointments.
Section 1884 of the compiled laws
of 1909 provides that the members
of the board shall be appointed by
the governor by and with the con-
sent and advice of the senate and
such appointees shall continue in
office co-terminus with that of the
governor making such appointments,
which, the court states, refers to orig
inal appointments, and section 13 CT
Williams constitution provides that
the governor, unless otherwise pro-
vlded by law, shall make appoint
ments to fill vacancies but says moth
ing about such appointment being
subject to confirmation by the SEN
ate.
THE constitutional provisions fit
so completely the situation present
ed by the petition states the court,
that we are unable to see the
slightest basis for the contention
that such an appointment must be
confirmed by the senate"
From the pleadings of the counsel,
the court states that it is clearly ap-
parent that the whole proceeding was
based on the erroneous belief that
the state had a constitutional or
statutory provision approXimatins
section 2, article 2 of the federal
constitution, which provides that the
president of the United States senate
may make appointments during re-
cess of the national legislative body,
which appointments expire at the
end of the following session.
In Senate Special Session.
Action on the appointment of
Frame was among the things for
which the governor called the SEN
ate in extraordinary session early in
December At that time a commit
tee headed by Senator j. Elmer
Thomas of Lawton was appointed to
investigate the fitness Of Frame and
on the first day of the regular ses-
sion of the legislature the majority
of that committee submitted a re-
port recommending the rejection Ct
the appointment of Frame. On Jan"
uary 7, the second day of the regular
session, the question of confirming
the appointment was considered, Il
affirmative and 19 negative votes be-
ing cast on the question.
Although the president announced
the appointment rejected on the
showing of the vote and a record ac-
cordingly was entered on the senate
journal the constitutionality of the
senates' action on the appointment
was challenged Immediately by friends
Of Frame, who contended that his
appointment had been confirmed and
he continued to hold office. The ques-
tion at issue was whether a majority
of all members present and partlc~
ipating or a constitutional majority
of % votes was necessary for con-
firmation. Frame and his supporters
in the senate holding to the former
theory.
AS the case went to the supreme
court this was one of the issues but
this phase of the controversy did not
enter the consideration of the su
preme court and therefore the ques
ton of whether a constitutional ma
iority is necessary for the confirma
ton of executive appointments still
is decided.-Oklahoma
Rid Your Children of Worms.
Ynu can chan ore fretful ill-tem neral