The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-01-07
S0RLIE HAD NO
RIGHT T0NAME
NYE,SAYS G0FF
To COnstrue North Dakota
Statute in That Manner Is
Called s'PerversiOn'
VOICES MAJORITY VIEWS
Committee Holds Special Elec-
ti0n Necessary 10 Legally
Choose Senator

Washington. Jan. 7.--(P)-It would
be "perversiOn" to cOnstrue the
North Dakota statute. providing for
filling vacancies in state offices by
appointment, as having any reference
to congressional offices, and Gerald
i. Nye should be dchied seat in the
senate from that state on this ground,
Senator Goff, republican, West Vir-
ginia. said today in presenting the
majority views Of the senate elections
committee on the Nyc ease.
He held that the governor had no
right to make the appointment, and
the only way successor to the late
Senator Ladd could be legally chos-
en- was by special election.
u. s. SENATORSHIP NOT
STATE OFFICE. IS Cl4.IM.
Washington, Jap. e. R- The
North Dakota legislature would be
convicted of ''gross ignorance, or of
disposition to do idle and foolish
acts" if it were held that the COVER
nor had authority to fill vacancy
IN the UnitAd States senate by ap-
pOintmcnt, Senator Goff, republican.
West Virginia. declared today in pre-
senting the view of the majority SEN
Gerald P. Nye was
not entitled to his seat.
"We conclude" said the West Vir-
ginia senator, "that it is not omen
to argument that, prior to the adop-
tion Of the seventeenth amendment
to the federal constitution. there was
no intention on the part of the legis-
latu"e to confer on the governor the
power to fill vacancy in the office
OF the United States senate and that
the legislature has at all times since
recognized distinction between
state offices and congressional offices
based upon fundamental differences
in functions and source of power"
Governor Held Without Authority.
The majority report was based on
the ground that the executive of
North Dakota had no authority to
make the appointment and that "the
only way in which this vacancy can
be filled is by special election
The state statute provides that
vacancies in state and district of
ficcs' shall be filled by appointment
by the Governor" said Senator Coff.
1T is argued that this gives the gov
ernor the power to fill vacancy in
the office of United States senator
on the theory that the legislature in
tended to include in the phrase state
office, the office of United States
senator. The uniform course Of leg.
islation since Dakota's statchoood
negatives the existence Of any such
intent.
Not Intended Embrace Congressman.
"There is no room for construction
with respect to the meaning OF the
term state offices as used in the
statute. 1t means precisely what it
says and never was intended to en-
brace members Of the national leris-
lature. 1t would clearly be u per
version to hold that the statute has
any reference whatever to vacancies
in congressional offices.
"When we note the statute express
ly provides that vacancies in state
offices shall be filled for the re-
mainder Of the term. and recall, fur
ther, that this statute was substan-
TALLY the same as section &, chaptcr
-. Of the code of 1877, and enacted
contemporaneously with the statute,
it becomes clear that it is nothing
short of absurd to suggest that the
legislature, at any time, had in view
a vacancy in the office Of the United
States senate.
ITO do so would be to convict the
law-making body of gross ignorance
or of disposition to do idle and
foolish acts"