Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-12-29
Politics at Large
By G.. Could Lincoln.

" the MANY OLHGr COIluLuI unlS CoA-
nected with the seating or unseat-
ing of the Senator'S elect from Penn
sylvania and Illinois, members of the
Senate are now puzzling their brains
over what will happen If Ware, for
example, Is unseated at the opening
of the new Congress year from
now. While the Governor of Penn
sylvania Is authorized by law to fill
temporarily vacancies which hap
pen" in the Senate until an election
can be had, there are those who
will contend he has no right to ap-
point to fill the seat for which Ware
has been elected, because 1t Is the
beginning of new term. An OPP
posite view Is taken by other Sem
ators.
If the Senate should determine
that the Governor Of Pennsylvania
and the Governor Of Illinois have
no right to appoint to fill a va
cancy after the Senate has ruled
that the seats have not been prop
erly filled by election and at the
beginning of a term. the Republican
control of the upper house would
be seriously jeopardiZed. It hangs by
a thread in any event, with 4S Re
publicans in the next Senate, AZ
Democrats and / Farmer-Labo
Senator. Take away Smith and
Ware and the Democrats would have
AZ seats to 46 for the Republicans,
and Senator Shipstead Of Minneso-
ia, the sole representative OF the
Farmer-Labor party, would hold the
balance of power. BY voting with
the Republicans he could tie the
Democrats and give Vice President
Dawes the opportunity to cast the
deciding ballot on any question over
which the parties divided.
n n y +
The Senate has many times in the
past declined to seat a Senator ap-
pointed by q governor to fill vacan-
cy caused by the expiration of a regu-
lar term of Senator, when the Leg
islature-in the old days before the
direct election of Senators-failed to
elect Senators to fill such vacancies.
The language of the seventeenth
amendment to the Constitution pro-
viding for the direct election OF Sena-
tors is: when vacancies happen IN the
representation of any State in the
Senate, the executive authority or
such State shall issue writs OF cleo
ton to fill such vacancies; provided,
that the Legislature Of any State may
empower the executive thereof to
make temporary appointment until
the people fill the vacancies by cleo
ton as the Legislature may direct"
Senator Ashurst Of Arizona, Dem
ocrat, an opponent Of the seating OF
Ware and Smith, holds that vacancy
in the Senate cannot be considered as
happening" in the meaning or the
seventeenth amendment, If there shall
have been no election-due to fraud
or corruption-for the beginning OF
new term.
If he is correct, then Mr.. Ware and
Col. Smith, If not seated, would nave
to seek reelection at special elections
whenever they might be called by the
governors Of their respective States'
X \ y
The case of the late William A.
Clark of Montana and its handling oy
the Senate NAV throw some light on
this matter of the right of governor
to appoint to I'LL a vacancy where an
election has been, or would have Deen'
declared void because OF fraud. clark
a Democrat, was elected to the Senate
bv the state Legislature In 1889.
Charges were made that he had cor
rupted the Legislature to WIN the eiec-
ton. bribing eight members or the
legislature or more. He was seated
when he came to Washington, out
after the privileges and elections com
mittee had reported that his .eiection
was fraudulent, Clark resigned ana
went back to Montana. HIS next
move was to get an appointment TO
the Senate to I'LL the vacancy caused
nv his own resignation. The lieu
tenant governor, acting governor, gave
Clark this appointment. Whereupon
the governor declared that appoint
ment void and appointed Martin
Maginnis. The Senate had the Gre
dentials Of both Clark and Maglnnls
before it. They were referred to the
committee on privileges and elections.
but no decision whether either of the
appointees was entitled to a seat was
made. Clark in the meantime had
been elected again by the State Leg1s.
lature. He came to Washington and
served out his term following his
second election. No effort. apparently,
was made to declare him disqualified
because Of having bribed legislators
to win his first election.
II the Governor of Pennsylvania Is
held by the Senate to have the right
to appoint to fill the Ware vacancy
If it happens-then 1t is expected
here that Mr.. Ware will be a candi-
date for reelection in the Senate In
the Fall of 1928. If the Senate holds
otherwise, Ware probably would be
candidate at a special election earlier,
IL one were called by the governor.
Senator David A. Reed OF Pennsyl-
vania comes up for reelection in 1928.
It is reported here that Reed and
Ware will be the candidates, on a
harmony" ticket, for the two sena-
torial nominations in the 1923 prt-
maries, Such a combination, 1t Is
believed. would result in the nomina-
ton of both Reed and Ware and their
election in November, 1928.
Ware would have to win the Re
publican nomination first. He might
be challenged by Gov. Pinchot or
another Republican. 1t now appears
he would have the support OF Senator
Reed and the MELONS. Senator Reed
needs the support Of Mr.. ware In his
own race. But when it is recalled
that william B. Wilson, a Democrat,
came to the boundaries Of Philadel-
phia with lead over Ware in the gen.
eral election, it appears that q Re
publican might, in the primary race,
give Mr.. Ware all the trouble he was
looking for and then some.
Mention has been made Of the i'm
portant part Senator Shipstead OF
Minnesota, Farmer.Labor, may play
in the next Senate, practically holding
the balance Of power. Senator Ship
stead himself Is up for denomination
and reelection in 1928. He Is greatly
interested in obtaining adequate farm
relief legislation. He is also intent
upon an amendment Of the laws so
that the jurisdiction Of equity courts
may be limited In the matter Of is
suing injunctions in labor strikes. In
recent years the practice Of enJoining
strikers has been on the increase. He
has no objection to the protection of
property by the Injunction route, but