Evening star., 1949-03-18
Senate Failure 10 Act
On Wagner Absence
Held Unfair 10 State
AiIing New Yorker
Hasn't Attended Session
Since Moy, le47
By David Laurence

SNu$S N'oyR
Bv David Laurence
Amid all the outcry about con-
stitutionalism and the rules that
should prevail in the Senate, not
a voice has been raised about a
most fragrant disregard of the
Constitution. The fact is that the
State of New York-the most
populous in the Union-appears
to have one vote instead of two
in the Upper House.
The Constitution says each
State shall be represented by two
Senators. The Senate is the judge
of the qualifications and eligibility
of it's members. But for some
strange reason it refuses to de-
clare vacant the seat of the senior
Senator from New York, who has
been on the public payroll with
out attending a single session OF
the Senate since May %, 1947.
In this period of nearly two
years. there have been palpable
attempts at times to give the i'm
preston to the people that Sena-
tor Wagner is participating in the
work of the Senate. Thus. on
January is, 1948, Senator Wag-
ner became co-sponsor of bill
introduced for him on rent con-
trolls. His name has been at
tached to other prominent meas
ures.
A careful examination of Senate
attendance records shows alb
senteeism set in from the day the
roll was first called in the second
session of the 10th Congress
namely. from January IA, 1916.
The senior Senator from New York
appeared on April /, 1916, and
with few exceptions stayed on the
Job until August, 1916.
Absent Entire Session.
In the session which began in
January, 1947, he appeared for a
few days only in April and May
and then was announced as "nec-
essarily absent" on May %. He
has not been in the Senate since
that date.
Thus, throughout the entire sec
ond session of the 80th Congress,
which began in January, 1948. Mr..
Wagner never put in an appear
ance. He has not been on the
Senate floor at this session, which
began in January.
The so-called general pair"
which sometimes is maintained SO
that Senators may not lose their
vote appears to have been
abandoned with respect to Sena-
tor Wagner during the Both Con-
gress.
1t is we'll known that Senator
Wagner is Ill. Naturally, if there
Is any prospect Of his return. his
colleagues do not want to be in
the position of vacating his chair.
But somewhere In the Senate rules
there ought to be provision for
assuring every State its two votes
In the United States Senate.
To neglect this isn't fair to the
people of the State Of New York
or to the other Senator from New
York, Irving Ives, who necessarily
must try to do the work of two
Senators on those matters for
which constituents seek the aid
Of members of the Senate.
Close Votes Cited.
Also, there are often close votes
IN the Senate. There was one
the other day. New York State
was entitled to two votes on that
roll call, as on all roll calls.
Just why Senator Wagner does
not resign his seat is a matter of
speculation here. He may be wait
ing for the 1850 congressional
elections to roll around. Under
New York State law, it is the
duty of the Governor to appoint
q Senator if a vacancy exists, but
such a senatorial post must be
filled at the next general election,
which would be November, 1949.
If the vacancy occurs after
June of this year, the rule is
that whoever is appointed will
hold Office until a successor is
elected in the November, 1850,
elections. Obviously, Gov. Dewey
would appoint Republican in
place of Senator Wagner, who is
Democrat.
Senator Wagner is popular with
his colleagues and has fine rec
ord in the Senate. He has worked
hard. Surely there are suitable
rewards for a Senator who does
not find it possible to appear in
his seat for a period of nearly two
years. Members of Congress may
retire on a pension. If the Sem
ate thought desirable, it could
also make special appropriation
for this case. But it is the vote
of New York in the Senate which
Is at issue. and not personal con-
siderations.
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