The herald and news. [volume] (Newberry S.C.) 1903-1937, 1918-07-09
THE UNEXPIRED TERN.

man ana we expressed Ine opinion
that the law was not entirely clear
in our mind. We expressed some
doubt as to whether the appointee O.
the governor would hold for six
months beginning with the death OF
Senator Tillman or will his term ex-
pire when the new senator to be
elected in a special election appears
to take his seat. We did not then
have before US the constitutional
amendment.
To get clear conception it might
be we'll first to quote the amendment
to the constitution Of the United
States making the selection of SEN
ators by direct vote of the people,
instead of by the legislatures, as uD-
der the constitution prior to the adop-
ton of the amendment. We notice
that all the newspapers in referring
to the vacancy say that the governor
shall appoint for six months, and
then the man elected in the special
election shall serve for the remainder
of the uneXpired term, which would
be only about two months.
Article I section 8 of the constitu-
ton provides for the election Of
United States senator's by election Of
the legislatures of the various States.
The seventeenth amendment to the
constitution was submitted to the
legislatures of the several states by
the 62nd congress in 1912, and was
ratified by a sufficient number Of
states in 1913, for its adoption. The
South Carolina statute was adopted
in 1914. The amendment reads:
''The senate OF the United States
shall be composed of two senators
from each State, elected by the peo-
pie thereof, fer six years; and each
, senator shall have one vote. The
electors in each State shall have the
qualifications requisite for electors Of
the most numerous branch of State
legislatures.
When vacancies happen in the
representation of any State in the
senate the executive of such state shall
issue writs Of election to ELL sucn
vacancies: Provided, That the legis-
Iature of any State may empower the
executive thereof to make temporary,
appointment until the people fill the
vacancies by election as the legisla-
ture may direct
The State statute in regard to such
vacancy reads: ~That in case of q
vacancy from death, resignation or
otherwise, the governor shall have
power to fill the place 10y appoint.
ment, but for not longer than six
months from the occurrence OF such
vacancy, and he shall order special
election to be held within ninety days
at which a senator shall be elected 70
fill out the unexpired term and so
on.
It would seem to us from the read
ing of the two sections together that
the governor shall order the election
within 80 days and that his tempo
rary appointee can hold only until
the people fill the vacancy by cleo
ton as the legislature may direct"
and that the legislature of South
Carolina has directed that the cleo
ton be held within ninety days. To
comply with the State statute the
governor must order the election
within ninety days from the death of
Senator Tillnan, which will make a
special election st leas. one month
before the general election, and that
as soon as the people fill the vacancy
the man so elected can take his seat
as a senator from this State in the
United States senate. -Ald that be-
ing the case we do not see hJw the
governor can appoint 1o- SIX months
or any specified time beyond that
which it takes for the people TO fill
the vacancy by election
AS practica! solution Of the ques-
ton there should be no opposition
to the appointea # the governor, and
he should be elected by the people.
There is no need OF so many
changes or Of stirring Up the people
on this question. Gov. Manning has
appointed Mr.. Christie Bennett and
why not let him go in the primary
without opposition, and then he could