Show An Unsettled Question I The Denver Republican does not seem yet to have absorbed into Its gray matter a full comprehension of the constitutional question in regard to senatorial appointments I appoint-ments Ii quotes one clause of the constitution con-stitution in regard to vacancies that happen by resignation or otherwise during a recess of the legislature and queries whether tne recent cases in Wyoming Wyo-ming and Montana come under that provision pro-vision inclining to the opinion that they do not It seems to us that the preceding language lan-guage of that instrument settles the question and leaves no room for dispute That is that at the expiration of a senators sena-tors term whether it shall be for two years or four years or six years the seat the seat shall be vacated The vacancy va-cancy occurs then by the expiration of term It occurs during the recess of the lecislatnre The legislature does not appoint ap-point and the constitution says that incase in-case of such vacancy whether from resignation res-ignation or otherwise the Governor may appoint until the next session of the 4 legislature In the case of the Wyoming appointment appoint-ment a dispatch was sent just before the adjournment Congress to a prominent 5 > uator asking whether the appointee would get the seat The answer was In i I W i conic but emphatic Yes The case of AMBRoSE SEVIEEappointed by the gover of Arkansas which was similar to these was settled by the seating of the appointee ap-pointee I Nevertheless and notwithstanding THE HERALDS views it is admitted there are I fine points involved in this controversy Luckily as the governor of Wyoming has appointed a Democrat and the governor of I Montana a Republican the question can be determined without partisan bias and the decision will not affect the relative I strength of the leading political parties Two prominent cases have been mentioned men-tioned In the first session of the Third Congress KENSEY JOHNS was appointed by the governor of Delaware but was refused I re-fused his seat asession of the legislature having intervened between the resig I nation and appointment The point I claimed in this was that the legislature having an opportunity to fill vacancy and failing to do co was equivalent to the expression ex-pression of a desire not to be represented T > y more than one Senator This principle prin-ciple it is contended was affirmed in the case of JARED W WILLIAMS of New Hampshire who was appointed to fill the II vacancy caused by the death of CHARLES G ATHERTON and was seated After his i appointment the legislature met and adjourned ad-journed without electing a Senator The i United States Senate declared that the right of representation under appointment appoint-ment had expired and the seat was vacant I The same decision was arrived at in the |