The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-18
FORGOT II
No Provision for Filling the
u. s. Senatorial Seat.
Legislature Confronted With
Malone Relief Bill.

Should death create a vacancy In
Kansas representation in the United
State senate there would be no legal
way Of filling it either by appointment
or special election after 1917 unless the
legislature of this state passes such a
bill as Senator James Malone of Hern-
don has prepared and will introduce in
a few days. BY what apparently was
an oversight of the legislature OF 1913,
no provision was made by the Kansas
legislature to fill vacancy under the
new law which makes United States
senator's elective by direct vote of the
people. The matter was not pointed out
in Governor Capper's message to the
legislature. Evidently he overlooked a
matter which would be Of the utmost
Importance to himself in the event of
his reelection. ,
temporary provision against such
situation was made by congress- when
last June it passed a federal law re-
lating to the election of senators by
direct vote and included a section, OPP
erative until 1917, for the filling of
vacancies. That section was evidently
put in by the national lawmakers to
protect against such oversights as that
OF which the Kansas legislature was
guilty. 1t allowed three years time
in which the states could fix up their
laws on the point. But unless by 1917
Kansas has law of its own 1t will
have to leave a senatorial ONCE open
until another general election in the
event of the death of one of the regu-
lar senators
In 1913 the Kansas legislature rati-
fled the amendment to the national
constitution providing for the election
of senators by a direct vote instead of
by the legislature Of the several states.
Under the amendment Senator Charles
Curtis was the first senator to be Sc
lected in Kansas by popular choice. HIS
colleague. william H. Thompson, is the
ast of st12.senators from this stde
MO owe Their election to a legislatufe
Asnator Malone's bill provides for the
selection of Thompson's successor and
for the election Of the senatorial sue
cession to come after. 1t fills the gap
that now exists in the states statute
book by providing for the choice of a
senator to succeed one who dies in Of
fee.
Special Election.
According to the Malone bill the
governor shall have power to appOin
successor to fill any unexpiret
period Of not more than six months
between the vacancy and another
regular general election. Should thu
vacancy occur more than six months
before such general election. how
ever, no appointment would be mao
! but the governor would be required t
4 call a special 0ACCtlOu IL ldhC PidN'
within a period OF, seventy days from
/ the date Of the vacancy.
/ Within ten days of the creation o
the vacancy the governor would issu
! the formal call for an election to occu
not later than SO days from the dat
of the CALL This election must b.
! preceded by primary elections of al
/ parties interested which must TAX
place thirty days before the genera
| election. These elections would b
held in all respects in the same man
| ner with general elections save tina
| the usual periods for advertising tn
election call would be abbreviated t
! twenty days.
Since the federal provision agains
vacancies extends until June 1911
| Kansas has ample time to fix up tn
state laws even II the matter is neg
lected at this session of the legislature
But should it not be attended to eithe
by this legislature or the one two year
hence, it would leave the governo
powerless to appoint a senator or t
call special election, a situation
which would fill an executive bosom
with deep regrets as the naming of
United States senator even for a fey
months is highly desirable piece Q
patronage.