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Show VACANCIES 111 THE SEHATE Report on the Contested Appotntnent ct Lee H Julie. in moit or si vuxh wit. I allure lijr n legislature to I ltd a itnatorUiiot Krlutnl to III Illepreicntod. WA8HISOT0V, March 17. 1 lie re X-ort or the majority nud minority ou tho contested election esse of le Mantle, tlio senator appointed by tlio governor of Montana, waa raaJe to tlio Benito today, Henntor Hoar sub-milling sub-milling lite majority "port lu lavor of oiallng Mantle, anil Honntor Vnnco, chairman ol the committee, tho report ugalntt loatlug. Theru nto two other curt, tho'o of lleckwltb, apppolnted Ly tho governor of Wyoming, unit Allan, appointed by tho governor of Waihlnftion.Inatmucli us the facta nto the lam?, the tret Hill lu mado In the erne of tho senator U)on whoso ctodenllals tho report la made. It la not unlikely that ti thla la decided ao will bo tho others. Doth reports ore rather lengthy, and quote voluminously from the early decisions of tho Benato upon cases deal, ins with tho aauio question. Thomalorlty stato that they boguu their Inquiry with tho primal nnd controlling rnaniiatoofthcConitltutlon ruling upon them, that tho Hensto should be kept full and that icparato Ileprcroi.tatlon therein of each sta u was the mostlintwrlAtit, unchangeable ilnglo obligation which the Initrumcnt orcntca. ThoUonilltullon provides that no state ihould oTer bo deprived of equal vote lu tho Benato except by Its own coniont to a change In tho Con dilution Itself, and this consideration wis held to Loot lullnltely more Im-ortauce Im-ortauce than tho rjuestlon whether appointment ihould Iw mado by tho legislative or the executive. Iu discussing dis-cussing tho subject ot vacancies tho cominlltco reproduces part of the famous fam-ous debato between Wtbttcr nnd Calhoun Cal-houn and reafllrms the doctrlnu laid down at that lime b) Webster, when he tool, stand ngalnititalo sovereignly. Uon this lino nnd lu reply to tho rusertlou that failure by the legislature to elect semitor Is refusal by tbo state to bo represented, the majority makes a two-foM answer: I'lrst That tho Constitution of tho United Btalea (111 not mean to permit a state to be unrepresented and that thla constitutional urposo hea been carrlod out as tar as possible by the statute of 1600. boeoud Thatthelnabllltyot the elate leglslature,whcre therela morothauono candidate, to agree upon n lenalorls by no means equivalent to a refusal of the state to elect one. The mijority coutlnura to arguo that the clear, unquestionable t urposo of the Constitution Is to keep the Heuatu full mill polula to the fact that every other purpose of the Constitution relating re-lating to such mailers Is ucccnipllahcd, Ly holding that the power In question rests In the gov. ernor. Tho language of the Constitution, Constitu-tion, eavs the majority, Is quite as well lulled to confer tho power upon tho governor of appointing n vacancy occurring oc-curring at tho beginning of tho term orn vacancy which began to exist when the legislature was actually In ettslon and continued after the ndjournmentof the itglilature, as any language likely to bo uiml. Alter quoting Itiu varloui definitions of the word "vacancy," the majority cornea to the conclusion thut the words of the Constitution convey to any ordinary n prehension the simple meaning it there be vacancy by resignation resigna-tion or otherwise, tho executive execu-tive may make any temporary appointments, etc. "Ilio luuguagu of the Constitution" ssya the majority , "It euems to us was carefully designed to apply to the csso cf not mingle vacancy, which might occur only lu n ilngle recess of tho legislature, tut to every case where the ligls'aturo having adjourned without action, a ncond or third vacancy should occur, v. hlch under the lauguage of the Constitution Con-stitution may be provided for by temporary appointment. This position posi-tion Is luj polled by numerous decision)." The rnsjorlty sayi: Wo have thon I list The clear, coutroling constitutional constitu-tional purpoie, that overy aisle shall ho at all times reprerented In the n Bsnatn by two senators. Heoond Thu declaration by the Constitution that the purpoio Is to bo noooinpllihed by the authority of the extcutlvoofthe state when tho legla-while legla-while has failed to elect n senator. Third Tho usoof language In the Constitution which, according to good nnd established uisge, Is sulllcleut In Its ordinary meaning to confer this lower on the executlvo In the case of ii vacancy oxlstlng for any cause whatever what-ever and at any time whatever while the legislature Is not sitting, whether oontlngent or otherwise, i 1;!,ut!'Wh,'ro,bellkophraseolo(ry ,, 'i ,;,on,t it""'! oocur '" nKd to other cilices 11 hss boon uniformly held to have themeanlngwo attribute to It llth The construction given bv the very able supremo court of Indiana in language iubitai.tl.Hy identical. Blxth Tho Benale has for many car past invariably rocognliod the controlling obligation of this purpo o of the Constitution, evon where tbo language Is doubtful or where n literal construction would lead to another re- After quoting n eifewo from the He I caie (Now Jlamishlre) the majority ma-jority concludes the ripnrtae follows' "It was shown by the unbroken lino of decision!, with one oslblo but doubtful excel tlou, that tho Senate as maintained the authority ol the 1 executive to appoint to vacauoy which occurs at the beginning of a term by reaiori of fail-tiro fail-tiro to elect. We do not think It neccnary to Insist upon tno Importance of ndhcroite by this high court to the proeedonts in Judl-UjI Judl-UjI molten such ma tlttu to Its teats, rhoonlyalternatlvelsliithejudgemeiit ot the Hooate whether tho rights of stales are to hu d pendent on chanului, the political majorities) ot this chamber. It seems ijullo) as lmit riant that tlieconttriiotlou given by tlm Bonate t the Constitution in the proceeding of n Judicial nature should bo llillixl-bly llillixl-bly alhcred le, excel t in csits of clear error, in iplln of thu grave nnd serious terut tilioiu vthlch must beset this trltunal, beyond all others, to deatt from tLenl In times of high political excitement." Mill l'lfml flllllljr. ItAi.riuir, 1.'. C , March 27. It has Lion arranged thit B. U. Wllion, chairman ol the I'eople's party stnte committee, nnd Indicted for belonging to n secret oath bound organization, hall plea I guilty, pny tlio costs nod not busublected tonny other penalty. Iiicu.llnrj 1 Irr. EciiA-TON, IVi, March 'Z7. Ulm I'ark Methodist church was damoged to tho extent of a hundred Ihoutand dollars by II ro oil Dccomber 3rd, and burned to the ground this morning by an Incendiary lire. The loss Is n hundred and twenty -Ave thouiaud dollars. |
