The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-01-13
Nye Is Seated

Gerald r. Nyc is now junior. senator of North
Dakota and will enjoy that distinction until the
voters make final decision the polls next June.
Political fortunes may even pcrpetuatc his tenure
Of office
Thirty nine senators put highly technical con
structon upon Governor Sorlies power to appoint
while forty-one realized that many members were
living in glass houses and could not be too metcu'
lous when it came to credentials. The Tribune has
always presumed that Governor Sorlie had the
thority to fill a vacancy under the broad terms OF
the state constitution and the statutes. But it has
always conended that the seating OF Nye would be
through political rather than legal, persuasion The
Old Republican Guard opposed Senator Nye largely
because he has been labeled q progressive and IS
known to have strong ieanings toward the socalled
farm bloc.
perusal of the Congressional Record revealed
a sharp difference between senate leaders as to
whether United States senator is state federal
officer. Constitutional lawyers of repute ar
: rayed both sides and some verbose arguments
were made both pro and con- AS the five days OF
argument proceeded, the legal barrages became
more dense and confusing. 1t developed that
some of the Old Guard senator's were holding their
seats upon rather fimsy and debatabe certificates
After all legal arguments had been uttered, the
Issue narrowed down simply to the broad PROPOSE
ton that whether Governor SOrlie had the power
: or not whether United States senator is
state federal officer the controlling factor was
that the United States senate is the exclusive Judge
Of the qualifications of it's members and legal is
sues may may not direct final vote.
There much convincing law and prece
dent assembled in behalf of Nye as against him
He was seated because the progressive bloc united
with the Democratic opponents Of the Old Repub
lican Guard They knew that the arguments urged
against him prepared for the most part il
North Dakota by political faction opposed to Gov
crnOr SOrlie After the fat in the fire FOL
five days and facts simmered down. the potica
aspects OF the Outweighed the legal phases
and the senate for the most part split along poiti
cal lines in seating Nye. OF course in the Demo
cratic vote there were few exceptions. Senator
Underwood, who has been aligned quite frequentl,
with the conservative wing, voted for the seating O.
Nye. Senator Borah has been independent in many
issueA voting now with the progressives and agar
favoring the seating of Nye.
e In the few months ahead of him, Senator Ny,
can do little but study the routine OF the senate
Little can be expected OF him. He may be able
however, to do some good in working for SOUND
agricultural relief measures.
His seating has COMPOUNDED the political harpies
that pursued Senator McCumber The victory OF
this young editor has shown that the kind of poli
tics played by those who style themselves Republi
cans in North Dakota does not always pay
Those who expected that the rejection of Nye
would boost them into Office will have to readiusi
their damaged fences and brush up their law for the
next trip the top.