T-ifv ijM' lg'f wiff --2cf- r?'iW"T" -BTJ!!!' THE SCRANTON TRIBUNE-WEDNESDAY, APltlJj 23, 1J)00. ()e kranfon CrfBune I'lililMiril Dally, Kxeept Rumlsy. by The Trib une fnbllshlmr tympany, at Flltjr CenH a Month. I 'onii 1.IVV M. rilCII Mil), IMIlor. O. I-'. IIYMIIX. HimlncM Minuter. New York Ofltcc! 150 Nassau St.,,,.,, Sole Airent for Forcieii AihertUlnR. Cntrrcd t tbe l'ostofnYe at Scranton, Pa., feci on-l-l'lMf Mall Matter. WIioii upaco will permit. Tito Tribune l "J wajs rUJ to print liort let tin from In friend, burin on euritnt topic, but Its uilc that lime mnit be (dunnl, lor publication, by tlie Mrlte-r' roll name! and tlif ennilltlon precedent lo acceptance- I that all lonttllutlons eliall bo ulijoct to editorial reviilon. tvelve"pages. SCIIANTON, APRIL 25, 1900. For Vice-President, CHARLES EMORY SMITH, OF PENNSYLVANIA. REPUBLICAN NOMINATIONS. Legislature. , Pint Distiict-THOMAS .T. Itl'.YNOI.eTi. tuonil District .101I.V SCItKPl.lt, .lit 'llilul I!,trict-i:iV.ltl JAMKS, Jit. Pom tn lii.trltl I'. A. rilll.IU.N. It Ih noticed that a good iiianv men v lid tire rather backward about joining the procession In times of war, nie now exceedingly anxious that tho constitu tion should follow the llag. Senator Quay Rejected. C-U.VSiniOlUNG that precedent has In late jcars been unl- fin inly against the seating of a senatorial claimant on ex piiilhe appointment, the closeness of thr vnie in the senate yeterday llltts ti iii-s the wondei fill hold of Colonel tjuay upon the sympathy and esteem of his late colleagues. It Is true that iiiitxpei ted detections yet to he ac counted foi' have icbiilted by tho nur n west of nuuglns In his rejection; but It Is aim title that the light which he has made, considering the adverse odds fairly, is marvelous. And the battle Is now simply tinnsferied from yVatdilngton back to the people of Pennsylvania. The last legislature Aas deadlocked by minority In their Intilgue: the next will he expected to elect the choice of the majoilty of the party caucus. On this basis the bat tle for patty rcgulailty will be fought with icnewed eneigy and determina tion to a Mulsh. The Ameilcnn against the sultan, test case. If the Tliltcd .Slates or. Indemnity affair It seems will be a demands of the granted, several other unsettled MPs will need to be paid In older for the pni te to letain the friendship of the powers of ICurope, Victory for Coal Operators. NNOlWrK.ME'N'T of the de cision of the board of rail load commUt'oncrs of New Yoik. filed yesterday, grant-, ceitlflcate asked for by the lng the Delawaie Valley and Kingston rall lo.id company, will be icelved with unlveisal pleasuie im till valley, when- the coal Intel ests aie so closely allied to the prosperity of the com munity. While none have ically doubted the ultimate success of tho enterprise conducted by the deter mined lepresenlatlvcs of the coal operator?' .ismu iatlon. who weie en deavoring to secure i.ites of tians piutdtloii for the nuthiacite pioduct that would enable Individual npeiutois to compete with bltuininous coal m the ea-,teiu niaikets. the loiml.hible .urav of lesiiorces inodueed bv the op position was of a chut actor calculated to cieate misgivings in the minds of liirtiy of the 11 lends of the project. Th ''l.'loiy befoie the .Vow Yoik mill mi! i oinuilsi-ion esteiday Is (lie most inipoiutnt of any In the pro longed legal u.itlle, giving, as It does, the applicants an advantage which practically amounts to a settlement of the case In favor of the millets who have been laboiing to piociue an outlet fr d10 anthracite coal, whereby the product may be conveyed to tide water at tales that will allow competition with the caigoes of soft coal. The season Is appioachlng for the en lcius ones outside of the lnclosure to ell "Tuin the rascals out." Hexico's Prosperity. ' X A ItECEXT icport Consul Gilf- llfth has called attention to the lemarkablo piogiess of Mexico, which has been almost overlooked in view of the many other matters of Interest that attiact the attention of the public from the prospeiity of our neighbors across the border. Mexico's emancipation from foreign rule over a century ago was matked by deeds of baibaiity that caused the civilized woild to question the ability of politi cal leaders to over bilng order out of chaos. Profiting by observation, how ever, and following the examples of the government that first lighted the torch of liberty, those In contiol of af fairs in tho land ot the Aztecs luivo succeeded In restoilng older and have ))i ought about u peaceful state of af fairs scarcely uppioached since tho Spaniard first invaded the empire of Montezuma centuries ago. Confidence in tho stability of the present business piosperlty, says Con sul Griffith, has been conclusively shown during the past winter by the increasing interest evidenced by prom inent northern capitalists. Many have visited the republic, not only In order to Investigate purchases previously ac quired, but also to make additional in vestments In favorablo ugrlcultuial and tnlninc properties. Such handsome dividends liave been leallzed from many of these Investments that tho owners are very enthusiastic. It Is n well-known fact that the commercial Interests ot -this country ate unaffect ed by labor disturbances or panics. Mexico's proposition to decrease the nvesent rate of taxation, which will en iihlc tor to ledccni outstanding, bonds lie trim? a hlslt rnto of Interest and to undertake ninny needed public Im provements, Is tliQ culminating proof of the excellent condition of her tretts uiy. While In some hinnehes of In dustry and trade, during the past year, the gains have liceii moderate. In many the expansion of bu3ltipss lias been marvelous. The public has long since ceased to bo on the lookout for Admiral Dewey's promised Btntement of his platform and principles, which was "coming within n day or two." This declaration has evidently been postponed Indefinitely, and will never be forthcoming unless the ruimlnit Is nominated for tho presldeiKiy. The continued silence of tho naval hero seems u fair Indication that he litui consulted experienced ad vIpois and i that nothing further will be heard of tho Dewey boom unless uti forseon contingencies arise. Progress in Temperance. I N CONNKCTION with what was said the other day concerning the nation's drink bill, somo addi tional figures, taken from a Uiltlsh parliamentary report on the consumption of alcoholic beverages bv the leading nations of the world, will be of Interest. The summary Is taken from the Rochester Democrat and Chronicle: As wine drlnkcni the French are far In tho lr ad, their annual connumptlon being M.'.f 00,000 gallons, oi 24.23 gallons per capita. The Biitislt total la 1C 000,000 gallons or .4 per capita, while the American total Is 2l,COO,000 gal lons, or .:: for every man, woman and child In the United Stales. The Ger mans, with a per capita consumption ot l.i gallons, nrc a little ahead of Kngland und the United States, but far behind France. The lirlMsh aie the greatest beer dilnkeis. with a total consumption of 1,230.O0j.O0(i gallons, or nn average of Sl.r, gallons per capita. The Germans, taken uh a whole nation, come next, with a total of l.:!S2,000.O00 gallons, or 26 per capita: although some ot tne separate Gel man states go far ahead of these figures. Tho per capita amount of beer drunk In AVurtcmburg Is 43 gallons, and In Uavnrlu C6 gallons. Coming to the United States there Is a drop to 12.1! per capita, or a total of !)2(','J00,00O gallons. Tho French do not di Ink much ber. tho average be ing only fi.3 per capita. In spliltuous liquors, like whisky, biandy. turn, gin, etc.. the Danes take the lead, drinking an average of 3.2 gallons for every man, woman and child. Th" per capita consumption In oth"r countriJs Is ns follows: France, 1.94- Germany, 1.S9, England, 1.02; United States. .SG These leturns are made up from the average of thy three years. 1S9G-S7-0S. They show that the United States is at the foot of the list in per capita consumption cf each and every kind of lno"c-int; and, further, that (ex empt in Germany) there Is a general tendency, especially In the United States, to abandon strong liquors In favor of light wine. and beers. Kvett at that, we drink lew ot the latter per capita than any other leading na tion in the world. Special Interest in the statistics of coal production for the year 1899 has been ci-Mtcd by the prospective de mand for American coal in European markets. These aie not complete, but partial returns nnd estimates Indicate, an Increase ot more than 30.000,000 tons oer 1S9S, when there was an increase oi 20 000,000 tons over lSDii. This in crease took place in the face of an ad vame of price, a thing that lias not happened befoie for many years. Th" exact statistics will be awaited with interest for comparison with those of Great Britain. In 1S9S tin- two coun tries were nearly neck and neck. Hi Haiti ptoduced a little nioie than 30 per cent, and the United States a little less than 30 per cent, of the world's coal. Wltii the growiiiT continental demand there must have been ln e leased Uiitlsh production, too. It is an interesting question if we have passed England and stand at the head of production in coal as well as in iron. At a Jeffersonlan dinner held at Syracuse the other night. Senator David U. Hill emerged from rellicment long enough to make a speech that caused both the Silveritcs and gold DcniocratH to claim hint as a. convent. It Is quite evident that th" sage ot Woolfret's roost has not been playing a thinking part all these months for nothing General Rivera's appeal for all po litical parties of Cuba to unite and de mand Independence in 1901 has fallen flat. The uncertainty as to which ele ment would be able to control the con ventions persuades the average Cuban politician that for a time, at least, it is better to let well enough alone. It Is announced that Mis. Cora Urquhart Potter expects to marry Lord Kitchener at the end ot the Transvaal campaign. General Kitchener evident ly wishes to have the excitement kept up whether there Is a war on hand or not. In discussing tho prospects for de mand for American coal abroad It mav bo well to also remember that coal sells for J1S0 a ton at Cape Xome. Webster Davis appears to have ills, appeared beneath the quicksands of oblivion more tapldly than did Mr. Macrum. The Chinese boxets are again becom ing active. The Chinese boxers should be handled without gloves. An exchango intimates that thero Is more bogus journalism than bogus but ter in Philadelphia. MR. SMITH'S ABILITY. From Hit Ithaca Journal. Alwut tlio one Ice prctlelcntlal boom tlut con tinue, to flouilih It that ot Clurlct Piiiory .Smith, of l'eiin-tylvnl4. There It talk of Instructing tho nVltwtra to the national convention foi him. Mr. Smith liai had ronsldertlile Washington ex perience, anil uoultl lit into the eecuiul pluei ulchn at If he hail aroun tin it. Moreover, he ha ono of the qualification! that characterize Colouol llorwovelt the alillily that uouhl enable hi in lei All the place of prolilcut la lajo of accident to tLc Utter, Penrose in Efehalf of Mr. Qiiay (Contlnuiel tiom YectcrJaj', Tribune.) 1 havo carcfiilly (tone irr eriatum tho wonlj of cIauso 1 ot section :l of article 1, ami it will be tllfliciilt to detect a puipoe o far of any opening for objection lo tho aliillt.v of exerntlee appointment. On the contrary, it li eiiilent, In vlcv of tin1 paumounb puipote of the Conttl tulloii and the express words of the proWslon ltelf, that eury eltnrt nhoulil be made lo pio. mote the priwmtlon of a fell tenate, and in two cm1 to which 1 liaee referred, the word have actually been stralmd, and pioperly ho, to wcuto the purpose. I shall now prncied to consider briefly Ihnt part of elni'se ' of scr I ion 3 which reads as fol low f. "Immediately filer they shall be assembled in conequenie ot the tlrst (lection, they aliall be divided ns riuiall as may be Into three clas". The seats of the smators of the first class alnll be vacated at the expiration of the second jeor. of the scce.nd class at the exrlralfon of the fourt'i jear, and of the third rlas'i at the expiration of the slth jear, so that one-third may be chosen eirry scroiid ear." We herein reach the first wold Invohed In the dispute. The wonts "vacated" and "vacancy" arc the subjects of th" ornunn lit, (Vitalnly, there cannot be anv doubt about the meanin; ot the word "lae ited" in this conjunction. It Is ilistlnctlj stated l.j the words of the Consti tution that the feats ot fcnalors nrt s.aritul at the expiration of tie tern, foi which they ie elected. In the beginning these trims weie de termined by lot. After they Ime been once es tablished, they arc vacated at tbe expiration ot the terms, whleli will cruir upon dajs fixed end certain. There can be no difference of opinion as to the meaning of the constitution in the use of the word "vacated." The senatorial term Is "vacated" at the expiration of the term. The M'at being "vacated," the logical consequence is that theie is a vacancy. A xacaney should originally lie tilled by the legislature by the election of a senator to a full term of six jears, as wo have seen; but where that does not occur or Ian not occur for any reason, the olhce remains "vacated." vacancy exists, and the purpose of the constitution is that it shall be tilled, uy cleitlon by the legislature, for the full term, or bv temporary executive appointment until the legislature meet". It was an old contention, and, in fact, it was the first limitation attempted to be set up against the riijiit ot the governor to appoint, that the gov ernor could not appoint to fill a vacancy hap pening at tho beginning of a senatorial term. "Happen" was construed to mean a xaiancy happening in a term after that tcim had once been filled. This view undoubtedly prevailed at one time, but, as a milter of fact, tho senate has allowed many appointments by governors at the beginning of senatorial terms. fteginnlng with the case of Cocke, of Tennes see, in 1797, and coming down to the case of Pasco, of Florida, in Mireh, IS'jJ, there have been thirteen cases in which the governor has appointed a senator to take .s seat at the beginning of a senatorial term, and in each laso the senator Ins been adinltlei' to his scat. Itv these precedents, theieforc, the senate has utterly ilcstroj-cd the old notion that a vacancy ean not possibly happen in a term unless that very term has once been filled. The ingenious leasoning by which a term vaeated by its ex piration wis declared to be not vacant because it had never once been filled, illustrated by many arguments, is now of litlle except as marking the futility of such abstruse speculations, and as indicating another stage in Hie progress of a liberal construction of the constitution in order that the senate may lie kept filled. he remaining paragraph of the clause al ready quoted reads as follows: "And if vacincies happen by resignation, or otherwise, during tiic recess ot the legislatuic of any state, the executive thereof may make temporary appointments until t lie next meeting of Hie legislature, which shall then fill such v acini les. Almost every word In this simple paragraph has been the subject of aigument and of refine ment and speculation. The contention begins ovir the word "vacancy." It was obvious to Hie turners of the constitution that vacancies might occur, which would defeat the Intention of always having two senatois from each state, and, Hiirefore, we find this provision. Legisla tures might not be in session, and vacancies might naturally be expected to occur at such periods. It migiu bo inconvenient and needless ly expensive to call a session of the legislature for a special session prior to Hie time of its regular meeting, ami, therefore, it was provided that the executive might make temporary ap pointments, and it is under this part of the elauve lat epioted that the governor of a state derives his power to fill vacancies, icgardless of any state constitution or law. To the ordinary man u Is clear that "va camj" is the state of being empty or unfilled. The liitiil.il and common-sense meaning of the word "vaianc.v" as applied to an oftice is that any oltiic without an incumbent is vacant, with in ii proper legil or constitutional construction. Sueli an office is certainly not filled, and no in cumbent exercises the functions of the oflite. If it Is not tilled, In what condition does - exist, if It is not vatant? Illaik and Homier dellne the wold "vacancy" to be "a place which is empty " Wcltsr dellnes It as "the state of being destitute u an incumbent." In fact, It mav lie very seriously questioned whether any authority ean be cited upon wiiieh a lavvjer would be willing to rely that takes a diftircnt vliw of the question. In the light of eveiy .mthoritv Hie woid "vacamv" applies to every otliee without an incumbent which the gover nor has the power to fill, no matter how the vaoanc is ireiteil, so that the conclusion neces saiily forces itself upon us tint the governor has the right to fill anv vacaniy that may hap pen from anv cause which exists after the legis lature has adjourned. John eiilncy Adams stated that he believed in relation to offices that every one happens to be vacant whitli is not full, nnd that, he be lieved, was the meaning and sense of the con stitution whether the vaiancy occurred from (asualt, the regular eouise of events, the ex piiatiou iif term, or other cause. I take it that there lan be no dispute among sensible men as to tho meaning of the word "vacancy," if we take it standing alone. It nfirs to an office, as 1 have said, without an Incumbin'; and taken In connection witli the similar word al ready leferred to and inert a few lines above, (lie won "vacated," It is clear that upon the expliation ot a sinatoilal term the office Is va cated and the vacaniy exists. So far, thcrelore, in our progress in reading the words of Hie constitution, there would seem no mound tor dispute. Hut we approach the next word, and tlieie the opportunity is appar ently given for the flood of argument and dis quisition which has obscured this subject. The vacancy must "happen." Those who dmv the power of the governor to fill the present va cancy give the word "happen a restricted, technical meaning, and say that It rcfeis only to Hie point of time at which the vacancy be gan. Hits point of time, it is alleged, is mo mentary and conneited onlv with the beginning of Hie event. It is stated that tho word hap pened means originated, and It is argurd that in this sense alone the word "happen" was used. An attempt Is made shaiply to define the woid "happen" and to deny that it covers any pa it of the duration of the event happening. This construction, however, of the word "hap pin" is foicc-d and technical. It disregards some of the most ordinary uses ot the word "hap pen, whiili Include duration of tint event. I hesitate ti go into the battle of dietionailei vvliii h lias lieiu witnessed time and time again upon tlio lloor of is senate. There Is not a dictionary of received uiithoillv tint does not define "happen" as lielnj "In take place; to come to pass; to be met with; to fall out; to iniet with." Kxamplis need not be multiplied to kIidw that at .cast one of the common-sense meanings of Hie word "happen" includes not only the (list moment the emit happens or be gins, but also the duration or ion-. nuance of the same. The word 'happen" is frequently u.id with olhi-r words to express a eonllnulns; condition. cert?iii condition happen to pre vail, or happens to exist, or happens to be, or Inppcns to take place, but tlio additional words aie not neci-ssary, so frequently aie they asso ciated witli the word "happen," and one of the most common use of the won! is to express this continuing condition. II, then, the word "happen" means not only the moment ot firl occurrence but also the duiatlon of the event, which definition should be given to it in defin ing this clause? The answer musf be, what ever gives It the broedct and most liberal meaning. The reasons gic.it I) preponderate In favor nf the bioader, more conclusive meaning, than of the strictly technical one. II V HKSIUN.VTION-. Without, however, proceeding further for Hie present with the consideration of this word "happen," to which 1 shall subsequently recur, let us proceed to the next four words, "by resignation, or otherwise," And here again we strike the inntcntlon that not only must the vacancy be lorlultous, as the result of unfore seen casually, or accident, but that It Is ae tually restricted by the words of the constitu tion .ii vacancies occurring bv resignation or some similar cause, lhese wolds are held to be w-oids of lestrlctlon. It Is said that Hie word "otheiwls,." docs not mean "otherwise," but "likewise," and Hint the vae-ancy must be nl a almltir character to that ol the resignation, Dilniiilt as It ma) be to detect any similarity, vacancies caused by death are ahltrarily placed in the class of thoe slnillir to vacancies caused by leslgnatlon or vacancies caused by expulsion, notwithstanding the fatt (hat the one Is volun tary and the other two are Involuntary. Expul sion for isuse Is a vaiancy similar to resigna tion according to this arbltraiy classification, although somo grave doubt has been raised as to whether a person Incapacitated from Insan ity would properly come within this elasslfi cation. Vacancies caused liv iWccts in state constitu tion! or by the determination of a senatorial fetm bv lot ale welcomed ns approaching in character those due to death, expulsion, or In sanity, but Hie arbitrary line Is drawn on one of the most unexpected and uncontrollable con tingencies wntch usually happens In modem times, the Inability ol the legislature of a state to elcit a senator, .t must be borne In mind that the plain language of the constitution does not classify vacancies for the purpose of mak ing temporary appointments or permanent elec tions. The constitution does not specify that certain kinds of vacancies arc to be filled by temporary appointments and certain other kinds by permanent elections, These classifications aie arbitrary ones, undo by those who seem deter mined to make eveiy efiort to find some loop hole throm,.. which states can be deprived of their representation in tills body on some oc casions. Those who take a technical view- of the con stitution hold that the words "resignation, or otherwise" are words of limitation, and that the word "otherwise" Is Intended to Indicate a vacancy which happens in some such manner, as by resignation. Those who take a broader and more liberal view- of the constitution eon tend that the word "otherwise" is Intended to cover every other kind of vacancy that may happen and exist than by leslgnatlon. It is a cardinal rule In the Interpretation of constitu tions that Hie Instrument must be construed to give effect to the intention of the people who adopted it. ".Vever forget," said Chief .lustice Marshall in McCullogh vs. Jfnrjland, "that it Ik a consti tiitlnn we are construing." It his been frequent Ij decided tint the words in a constitution are to be taken in their mtiir.il and popular sense, unless they are technical legal terms. In which case they are to be taken In their legal signification. The words "resignation, or other wise" aie not technical legal terms, and theie fore ilo not come within the purview ot the exception to the genri.il lule. The genri.il lule of construe Hon certainly must apply to Hie words "resignation, or otherwise." The popular as well as the pl..lotogical meaning of the word "otherwise" is "oilier wajs," and, if this rule Is to be applied, it would seem as though theie could be no doubt what the woul "otherwise" means as used in the constitution. Senator I'd munds, in a very able presentation of the Hell case, among many other striving points made, stated the rule as follows: "The Constitution is speaking of vacant offices, and not of the incumbent at all except in the first place. 'Iherc is xvhrie the senator from Georgia and I appear lo differ. 'Che constitu tion is looking to have caeh state repicsented in this body all the time, and by some method the constitution provides and looks to do it; and, therefore, when it uses Hie word "other wise' it uses a comprehensive term, so that in whatever way a state ceases to have opportun ity to express its full voice here in tills council of states, it shall be filled up temporarily by the governor until the legislature, the chief and sovereign power in - e state, at its next meet ing, can i.avc an oppmtunity to fill it." 1 DEBATES IN' CONVENTIONS. It Is admitted thai In the consideration of con stitutional questions too much weight can not be attached to citations fiom the debates in conventions. They are ot value as showing the views of inrlividual members and as indicating the reasons for ti.cir votes. Tiiey do not, how ever, give us any liglu as to the views of the large majority w..o did not speak. It is a rec ognized principle, therefore, that In the end the constitution must be constiued fiom what appears upon Its face. At the same time the evidence which we find in the debates of the federal convention legardiug the question as to whether or not the words "resignation, or oth eivvise" are words of limitation is so clear and to the point and so absolutely corroborative of the plain and evident reading of the obects of the constitution -hat it is essential to refer to it. As a ma. tor of fact, the original draft of the constitution did not contain the words "by resignauon, or ooiciwise." The report of tbe committee of detail, as set forth in the de bates in the federal convention, section 1, ar ticle 5, reads as fouows; "'J lie senate of the United Males shall be cho sen bv the leglsliturcs of the severed states. Each legislatur" shall choose two members. Va i.incics may lie supplied by the executive until the next meeting of the legislatuic. Each mem ber shall have one vote." Several interesting points are found in the de bates upon this section and every one bears out the argument contendi'd for as t the validity of gube material appointments. Mr. Wilson, of lVnnsjlvanla, uiijoctcd to aoanelc in Hie sen ate being supplied by the executives of the stales. He thought it lenmvcd the appointment too far from the people, the exci utiles in most of the states being then elected by the legis latures. As be bad nlway thought the appoint ment of the executive by the legislative depart ment wiong, so it was still more so that the executive should elcit into the legislative depig ment. Thereupon Mr. Randolph declared that he though the provision necessary. "In oider to prevent inconvenient chasms In tho senate" He went on to say "in some states ine legislatures meet but once a jear. As the senate will have more power and consist of a smaller number than the other bouse, vacaniicx theie will be of more signific ance. 1 lie executives might safely be tiustcd with the appointment lor so short a time." Mr. Ellsworth was evidently impressed with the same idea, that some means niust be pro vided so that Hie senate should always be full. He called attention to the fict that tho execu tive "may. supply vacancies." When the legis lative meeting happened to be near. Hie power would not be cxciciseel. "As there will be but two mcmbeis from a state," he said, "vacan cies may be of great moment." On the question of striking out "Vacancies may be supplied by the executivo" the amendment was defeated by a vole of 8 to 1, There could be no more strik ing illustration than is found in this poitlon of the debates as to the paramount idea in the minds of the franiers of the constitution that the senate should alwajs lie kept lull by their tnak lng complete provision or temporaiilv filling vacancies when ..ie legislature was not in ses sion, 'the question t lien aiose In the debates, raised by Mr. Madison, whether resignations could be maele by sen iters, and he moved to strike out the words after "vacancies" and In sert the words: "Happening by refusals to ac cept, resignations, or otherwise, may be supplier by tho legislature In the representation of which such vacancies shall happen, or by the executive thereof until the next meeting of the legisla tme." Mr. Madison, perhaps, had In mind Hie case of a member of lue English parliament who eouhl not resign, and in older to give up Ills oifiee he was obliged to accept Hie stewaidsliip of the Clillticn Hundreds, a nominal position, which, however, afforded the legal pretext. May says in his I'ailiamentaiy l'r.Ktke (pages t'.l", &!S): "It is a settled principle of parliamentary law that a member, alter he Is duly chosen, can not reliuquliii his seat; and in order to evade this restriction a member who wishes to retlie accepts office under thr Crown, which legally vacates his seat and obliges the house to issue a new writ. The offices usually selected for this purposes aio those ot steward or bailiff or Her Majesty's three Chillren Hundreds of iStokes, Desboiough, and Douenhaix, or of the manors of East Hundred Norlhslead or llempholme, or of cscheator of ..unstcr, which, although they have sometimes been rcfusrd, are ordinarily given by the tieasiuy to anj member who applies for them, unless theie appears tu lie sufficient giound for withholding them, and are resigned again as soon as their puipose is effected." AMI. DM EN I NECESSMtV. Hut, however this may be. theie was a real and important reason for this provision, stated clearlv by (louvrrneur Morris, who declared the amendment absolutely necessary, otheiwUc mem ber ihosen to the senate would be disqualified fiom bring appointed to any office lo. section 0 of the article than under consideration. It would be in the power of the legislatuic by sp pc luting man as senator against his consent to deprive the United States of hlj service. Mr, Madison' motion was agreed to. As the constitution Was finally worded, "refusal to ac cept" was atrlekrn out and the simple words "by resignation, or otherwise" rrtalneil as re poiteel from the committee on stile and ar ranarment, This committee uu stvle and ar rangement did not have ar.y authority to add new matter or to chango the substanie of tho provisions of the constitution, their office and their only olucc being to perfect the stvlo and arrangement ot the Instrument. Having re written what had been agrred to by the con vention, tho committee must necessarily iiave adopted the final phraseology as the best to ex1 press what the convention had agreed to upon the moduli of -ir. Madison. To express It In other words, the committee cm stvle and sr latigement must have li.tended that He words "by resignation, or otherwise" should (ovir alt the subjects as expressed In the motion of Mr. Madison, It certainly, therefore, seems bejond any cavil or dispute that the framers ol the constitution were impressed with the necessity el keeping the sciute full, and with the grave liioonicnlcm cs arising from having chasms In the icpirsentatnn. Kor this reason, and for the better piolrctloii of tlie smaller states, they deUbctaMy put Into the original draft nf the constitution the provision authorizing the governor to appoint in case ot vacancies, although ngalnsl the protest made at the time by Mr. Ellswoith, who was opposed to giving this power to the executives. h 'I sequcntly the doubt was raised as tei whether senators could resign. This was considered a vciy serious questlcii, became It was piovlded In the original draft of the constitution that senators should be disqualified for holding of tice for a certain period, and It was thought that the legislature, by electing n person against his will as a senatoi, inltlit Ihcrcbv disqualify him from holding Important offices. These rea. sons, and these reasons alone, vveic the cause of putting In the words "by refusal to accept, by resignation, or otheiwlse." The words "He fusal to accept" were stricken out for (he sake ot brevity and conciseness, evidently, and the words "by leslgnatlon, or otherwise, were re tained. It Is evident that "leslgnatlon" was put in, not as a limitation upon tlio character of the vaiancy, but to recognize a right to resign, regarding which a question had been raised, and the woid "olheiwise" was elelib cutely added to include all vacancies, indicating as plainly as English language can indicate any thing that no limitation was intended, but that leslgnatlon being recognized as a right, every other form of vacant') was subsequently Included by tbe succeeding word. The next wools In clause 2 of section 3 ot flic constitution, alicady referred to, nimely, "dm lng the recess of the legislature of any state," have likewise given rise to dispute. Even here we are struck with the fict that it has been neccssiry to apply the most liberal coiistiuctlcm lo theo words In the constitution in ordei lo keep the senate full, because if we held to the literal, technical rendering theie would be many vacancies in this bodv continu all.v. Tho word "recess" Is applied til the in teival of lime in whleli the event must happen. Webster defines recess as an "intermission, as of a legislative bodv, court, or school." It means a tempoiarv su. pension, as distinct from an adjournment sine die, and contemplates a toieseen lcasseinbling. Now, a legislature gen cially adjourns sine die without the intention of reassembling, the period for which most legislatures, under modern constitutions, arc permitted lo sit being limited in time. When the legislature adjourns, there can lie no inten tion of reassembling. Tho legls.ature is unable to reassemble of its own volition, and the only possibility of its being recalled during the lat ter period of Its legislative life is upon the call of the executive. The adjournment sine die, Hierefoie, is not tcehnieallv a recess in its nar row sense. THE WORD llEC'ES. If we are compelled to fake the narrow meaning of the word "recess," and it the word "happen" must be restricted to the point ot lime at which the event began or originated, as is claimed by those who dispute tho validiti es tiicsc executive appointments, then you hue the inevitable result that the governor can only appoint when a vaoanc v happens in a recess ot a few hours or dais of a session; lie cannot appoint at all when it happens after an adjourn ment sine die. No one lontends for a moment for this technical construction of Hie word "recess." Yet such a contention would be no more narrow, no more technical, no more strained, than that which is striven for to re strict the word "happen." Can the senators on the other side of this question explain how they can decently, without wrenching their consciences, depart from thr primary meaning of the word "recess" and adopt its secondary meaning? Can custom, or use, or practical necessity be the reason that their feel ings are so blunted to this irregularity? In fact, the interpretation which has necessarily been put upon the word "recess" is hardly even consonant with the use or modern meaning of tho word, which is after all really in accord ance with the definition already cited from the dictionary; but that interpretation has been placed upon It and acquiesced in since Hie foun dation of the government, that the great, paia mount purpese of the constitution might be canied out of keeping the senate full; and set we are met with refinement after refine ment, technicality after technicality, spread around the word "happen " The opponents nf the governor's right, in other words, would set up the arbitrary distinction that the vacancy must actually begin during tho recess of Hie legislature, the word "hippen," according to their contention, being necessarily confined to what they call its primary meaning, as involv ing a fortuitous event, and "icsignation, or oth erwise" being considered words ot restriction. The arbitrary distinction is then set up that the vacancy must actually begin during Hie recess of the legislatuic. This Interpretation clearly pcrveits the intention of the constitu tion. (To be Continued. IFF FU811TUB Roll Top Desks, Flat Top Desks, Standing Desks, Typewriter Desks, And Office Chairs A Large Stock to Select from. Hill & Connell 121 X. Washington Ave, EVERETT'S Horses and carriages are su perior to those of any- other livery in the city. If you should desire to go for a "drive during this delight ful period of weather, call tele phone 70.1, and Kverett will send you a first-class outfit. EVERETT'S LIVERY, 230 Dlx Court. (NenAcity Hall.) ALWAYS BUSY. .shoes ron BASE SI'IHNH. ll.M.t, 8HOEH. OUT1NI1 SHOES, TENMS SHOES, li'siilNtl HOOTS Lewis & Really 114-116 Wyomlne Avenue. For Presents? Yes, we .have thern, an Sterling Silver, Rich Cut Glass, Clocks, Etc. An interesting variety of the richest goods an America. 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Such a surprise exists in Ripans Tabules. iM fljl. pai'lM rimtalnlnK rK tlrim T.eirl M In t'nKrrnitmuirlthciit irlau) hnn. foreoU ! nnel draft on-roKriTr.crs"rii This lowin-ienel nut i tntradni I lorilii- iioor kdI tlironomloii iioadoirn of th llvtwent carton, ll JO tatiulncl cut fm had ly mxll lij wiidliiK lorly flKlil crnM to ibp IliriMl luiuu OoKrwei, Ho, 10 tipno. dtrMt.how Vurk. urn. .liiilo cartouliuiiuvLu) will Wu,t tor Aie cvsU. - FINLEY Amiiaal ale of prSeg aery Our shovvlncr of Fine Hosiery la the most nltrnctlvo In years, und in iielilltlon to stiiplo lines, Includes ninny original anil exclusive styles, ClRl'WilPl'O. In tine "Lace Stripes," "Drop Stitch," "Pnlkn Dots" nnd "Em broidered," either in solid colors or fancies, our line Is unsurpassed. Note tho following specials: Good for this week. FOE WOMEN. At 25c Per Pair. Polka Dotu, niack, Blue and Red grounds, with white dot. Knst Hlaek, full regular made, with high spliced heel und doubto sole, also with white sole or white reet. At 35c a Pair, or 3 Pairs for $1.00. Kxtrn fine F,ist Black, white sole or white feet, and our regular 60c. line. Diop stitch Lisle in Hlack, ne-.v Heels and Purples, also In Lace Lisle. At 50c a Pair. Medium and lljrht weight In Tot tern nnel I.Mr. Thread. New colors In lVicc effects. At 50c, 75c. $3.00, $1.25 up to $2. .c0 A specially handsome line of fancies butli in Lisle Thread and Silk. FOR MEN. 100 dozen Fast Hlack with white sole, full regular maele, our regulur iuV. riuullty; during this sale, only 19c. At 25c. 35c and 50c. Special line of fancies, newest de signs in Stripes, Dots and Lata effects. 510-S12 LACKAWANNA AVENUE The Neostyle Duplicator...... It will print 2,000 copies from one original writing, drawing or music, and 1,500 copies from any original writ ten on any typewriter. We are agents for the above and. have one in use for the in spection of any one interested in duplicating machines. The Planetary Pencil Sharp ener, improved, The Star Paper Fastener, improved. We will put either in your office on trial for a few days. Reynolds Bros Stationers and Engraveis. Scranton, Pa. We currv 'he lanest line of office supplies in N'ortlieutem TennsylvanU. I u jl Hos tl
Significant historical Pennsylvania newspapers