THE SCKANTON TRIBUNE-THURSDAY, APRIL 26, 1900.
'.
0e Scranfon CvtBune
I
I'ul.Hilwd Dallrj Ilxrrpt Sunrliy, r The Triti
c iublililng Conipanj-, t VlttyCtnlt Month
line
l.IVY S. ttlfllAtlD, Keillor.
O. P. UV.lli:i:, HetslncsM -Manager.
Kcw York Office! 150 .Nirau Ft.
8. H. VltKr.l-ASD.
Sole Agent for foreign Aehertlilnir.
Kr.tcrcel at Hie I'cwteifflce t Seranton, l'., s
fctcond-C'liM Mall Matter.
When spate IH peimlt, Tlie Trllmne M
J clad to print thort leldn Irom IN frlrmU
ln-arliier on luinnt toplm, but Its rule Is that
tin mint tin nlgnod, fur publication, by the
writer's real nntnc: and the mnclition preuilcnt
to e,ecptance Is that nil eotitillmlluni nhall be
utijrct to edilcrlal revision.
TEN PAGES.
SCKANTON, Al'IUL 26, 1900.
FOR VlCE-PRESIDHNT,
CHARLES EMORY SMITH,
OI: PENNSYLVANIA.
REPUBLICAN NOMINATIONS.
State.
Conj;rrM.ieii-.it-t.arKC (J.M.I MIA x. il!0V,
KiMiklt ii. roi:mi.i.i:n.
Auditor CiI'cmI-Im II. IIAIIDKNRI. 11(111.
Legislative.
flrt DMilit -TIIOAIAS .1. WA NOI.IK.
Pnomi Di.iikt .ions- stunt r.ii. .in.
Third l)ilril-i:i) Mil) ,IAII.. .lit.
fnurtli Ditlrlct-I. A. I'lltl.lllV.
Charles Kmory Smith ought to ho
nominated for vlce-mcsldent at Phila
delphia and wc aru stilt hopeful tint
lie will bo.
The Convention.
i; Ann khank to say
that wo do not believe
us heartily as .sonic In
the direct election of
I'nlted States senators by the lieoplf.
The Intent of the men who drafted our
constitution, as has been well said,
was "to furnish a testrnlnt find check
upon the tyianhy and mutability of
opinion of popular majorities, as rep
resented more rloscly In the house of
leprcsentatlves;" and they sought, and
upon the whole "with success, to effect
this purpose by vesting the election nf
senators In the state legislatures, tri
bunals supposed to be In some degree
removed from the passion and excite-'
merit of public clamor. The sentiment
for a change from this method to the
direct election method Is a superficial
and transitory one, Intensified by a
few exasperating cm rent Incidents In
the choice of senators by legislative
assemblies which Illustrate exceptions
to a well-working general rule. It Is
another case of a system, which Is en
tirely adequate In Itself, being blamed
for tho faults of human natuio; and It
direct elections were to occur, we dare
say that It would not be long before
men addicted to professional criticism
and clamor would find sulllclent Ills In
the popular vote system to justfy a
criihade for some new experiment.
Nevertheless, In view of the piesent
dimensions of public feeling In favor
of the popular election of senators,
and Flnce a particular faction In this
state has pretended to deslie the tak
ing of the Pennsylvania senatorial Is
sue directly before tho people, the
plank on this subject introduced yes
terday In tho Harrfsburg platform
will bo received with favor. I3y all
means1 let the people have every pos
sible opportunity to Impress their will
upon the factions. The latter certainly
need to be in closer touch with honest
public opinion.
Yesterday's nominations, especially
those of Senator Ilardenbergh and
Galusha A. Orow, are not only locally
gratifying, but will also command the
party's most cordial support. Mr.
Koerderer, tho Philadelphia manufact
urer named for congiessman-at-large.
has not yet made the acquaintance of
the people of the state, but his record
Is good and his Indorsements desoivo
respect. Tho convention's work as a
whole will be accepted as satisfactory
as far as it went, and that It did not
go farther was duo to finises not
wholly under tho convention's control.
As for tliu convention's Indorsement
of Colonel Quay It must be remem
bered that he Is still tho exponent of
parly reguhulty.
Those who know least of the icnl
Matthew Stanley Quay aiu the ones
who tin o w the most bilck bats at him.
The Influx of Japanese.
K
rVXA(!t3i:HATi:i) i epulis to the
effnt that Japanese coolies
aie swarming to this country
hae aroused much alarm in
certain quarters, and have also start
ed u repoit that the Japanese govern
ment Is about to take hUt to protect
the United States fioni the threatened
inxnslon of cheap labor. Tho motive
usciibed for this decision on pint of
the Japanese government gives cred
ence to the report, which tomes by way
of Washington. Tho decision, It is
wild, has nothing to do with solicitude
for our comfort or well-being, u fact
which entitles tho report to moie
ciedence than It would otherwise re
ceive. The coolies huvo come to us, It
seems, under what the home govern
ment believes Is a delusion that this is
a land overflowing with milk anil
honey of largo opportunities, n elelu
frlon that has been fosteied by rival
emigration societies eager to make
records. "What tho Japanese govern
ment has In mind, therefore, Is to res
trlqt emigration, not in our behulf, but
to protect Its own subjects from the
impositions of that form of urgent
philanthropy which eeeks Its objects
by getting rid of the so-called bene
ficiaries of its labors. There Is an In
timation In tho despatch, however,
that Japuncse national prldo has some
thing to do with this paternal nnxiety,
as the announcement of what Is In
tended Is accompanied by an expres
filon of disgust at tho thought that
Japanese Coolies should run any risk
of being tieated by us on the eanto
basis b.h tho coolies of China. Tho
Japanese Immlgiaiit, the government
would have uu know, Is iih good as any
other, barring those of its neatest
neighbor.
It will ho dlflletllt to make the Porto
Itlcans who puftlclpate In tho distil-
w
butlon of the $2,000,000 gift from th!
United States bellevo that they arc
being Intentionally oppressed by this
government.
General Kyd Douglas has hastened
to niuke a statement that the poem
on Hut bum Frletchle was all a mis
take' and that Hurbaiu. did not wave
the il'ig as stated In the verses penned
by Whlttler. Tho explanation of Gen
eral Douglas has doubtless been pre
pared with cato and bears the stamp
of sincerity, but It Is evident that the
general overiales the anxiety of tho
public upon the subject. Most of our
leaders, and especially those who In
days of youth hove recited tho poem
at school exhibitions, would prefer to
have lemalncd in Ignorance rather
than at this late day be confronted
with proof that 'the heroine of tho
beautiful poem was a myth.
A Lesson In Expansion.
I
UK ANNUAL teport of Lord
Kromer on tho state of
Kgypt has Just been pub
lished ns a parliamentary
document, and furnishes Informat'on
that Is of the utmost importance ns In
dicating the advancement of Inferior
races under the tutelage of the su
peilor. These reports have told oii'i
story for years a story of 'iscal bet
terment nnd social Improvement; of In
creased revenues tinder less but den
some taxation; of Industilal piospeilty
and Individual happiness and safety.
They are of special Interest to Amotl
cans on account of the light cast upon
questions growing out of tho policy of
expansion that has been "forced upon
our nation.
India Is tho largest example of Biit
Ish Imperial administration, but
India, as the New Yoik Com
mei clal Advertiser notes, Is an
awful bulk, In which Improve
ment Is slow, and It Is remote fiom all
vision but that of science nnd lomance.
I-SJ'Iit lies nt the threshold of Europe,
Is not loo large to .bo grasped with a
firm administrative hand, and Is more
plastic to Industrial manlpulat'on than
tho Immovable east. The aitn .'s of
llgypt are as free from party politics as
those of a great corporation, and Lord
Cromer, formerly Sir Uvelyn Untlns,
has had more or lesi control of Its
tWeal affairs since ho went there as
commissioner of the English debt lrr
1S77. Ho took his part In tho ridiculous
dual control, returned ns consul gen
eral when It bioko down, warned
ngainst but could not avert the shame
ful tragedy of Gordon, safe-gunrde.1
British Interests In the financial crisis,
engineered the revolution and the sup
pression of the counter-revolution, ami
financed the Khartoum expedition. No
man could well have had such a long
and continuous career of seivico or so
free a hand In a Btltlsh colony.
We ato learning already that It Is
easier to administer Cuba, where wo
have no political responsibility, than
Porto Moo and the Philippines, which
are Ameilcan territory.
The salient feature of this year's le
port Is a levenue of over 11,000,000
and a surplus of over 100,000. This Is
In a country which was bankrupt less
than a quarter century ago, and in
which there has been constant remis
sion and i eduction of taxation through
all that period. This does not seem the
marvel It would have seemed a few
years ago to Americans, who see what
works of sanitary leform and public
Improvement Wood and, Davis are car
rying on In Cuba and I'orto Hlen with
half tho burden of taxation Spain lev
led to support a decaying chinch and
useless army. The sutplus would bo
about a million more but for the sink
ing fund lequlremcnt Imposed by
the international control. This now
amounts to about 7,500,000, which tho
International commission will not per
mit to be touched for any other pur
pose, though Kgypt, under Kngllsh eon
tiol. Is as solvent as any country In
Euiope.
Husbanding of the revenues Is only
part of the service the English contiol
has done Egypt. Every year sees an
expansion of Its administrative activ
ity into new channels. The country Is
being gridlroiied with railroads, for
light and heavy truillc, the telegraph
Is almost omnipresent, and both stato
lallways ami the postal service, which
Includes telegraph, show a revenue
Miiplus. This year was tho lowest
Nile on lecoid, but there was no seri
ous dlstiess, and the gieat project tor a
dam at Assouan promises contiol and
equable distribution of the liver flow
in the near futuie. Loiel Cromer's
latest scheme is government loans of
10 per cent, to the fellaheen, who are
fleeced of 40 per cent, by the usureiH.
Ills justification for this paternalism,
which Is onlv experimental so far. Is
"what the government dots not do In
Egypt Is not done at all," and the op
pression of the felluheen by the money
lenders is as old us Phaiaoh. This
maxim seems to bo the root of all the
strange and benellcent activities of
Lord Ci timer's government in Egypt.
The good showing made In reports
of affalis In Egypt Is a cheering, evi
dence of tho beneficial results of the
maivh of civilization, anil ought
to bo gratifying to those In
control of tho goveimnpiit of
the United States, since it supplies the
stimulus of a good example.
The fact that tho oleomargarine dis
cussion has at last reached congress
nnd Is liable to result disastrously to
the olco Intel ests, Is due to tho cu
pidity of the oleo dealeis themselves.
If tho manufactuiers of tallow butter
had been content to sell the article
under a proper title tnetend of offer
ing It as puic butter, much litigation
could have been avoided. Tho class
of buyers who are convinced that oleo
Is hurmle?s and nutritious Is largo
enough to muko the business piolltublo
without tho aid of trickery to increase
tho sales.
Tho Intimation from South America
that comes by way of Galveston,
Texiif, to the effect that the astUt
ance of tho United States will bo ex
pected in tho settlement of tho
troubles between Peru and Chill, will
not be apt to arouse much enthusiasm
fiom the hurrah party of peace, Tho
falluio of the ugltatoiri td Indued this
government to take a hand In tho
Transvaal war will doubtless convince
thom that It will be useless to attempt
more than expressions of sympathy
by messenger or postal servlco when
they decldo which side Is entitled to
their consideration.
It Is not at all surprising to persons
of ordinary powers of observation that
the clique of discontent continues the
tirade of ciltlclsm In reference to tho
policy of our government towards
Porto Wco, In spite of tho explana
tions which have been made proving
that our new possessions huvo, been
treated with tho utmost generosity.
Tho wall of sorrow over the woes of
Porto Hlco comes from a class that la
prepared to weep at any Imaginary evil
so long as their lamentations can bo
regarded us a reproach to tho adminis
tration at Washington.
llev. Mr. Dixon, of Stroudsburg,
some time ago prayed for lightning toi
sttlke the brewery in that city. Hit
prayer was answered tlio other day,
and the bolt of electricity that hit tho
building came very near killing tho
two sons of a Methodist minister in
that vicinity nnd two woikmen about
the place. The people of Stroudsburg
nro now anxious thut tho Rev. Mr.
Dixon bo a trifle more specific in his
supplications In future.
General Lew Wallace contends that
there are two sides to tho Turkish
question. As General Wallace has
been In position to know, his stntcment
Is entitled to a hearing. Ills Intima
tion, liowavcr, that the Turkish gov
ernment Is not responsible for the loss
of property destroyed by subjects of
the sultan, Indicates that the general's
memory must have become impaired.
No cannon crackers are to bo allow
ed In Washington on the "ever glor
ious " There Is no question that this
order of arrangements could bo adopt
ed all over the country with bene
ficial results for all save tho doctors.
Tho cannon cracker Is not only a.
nuisance but a menace to public saf
ety. An effort Is being made to stir up
another "embalmed beef" agitation,
owing to tho fact that canned roast
beef has been recently shipped to
Manila. Without Mr. Eagan, however,
It Is not likely that on embalmed beef
controversy can become leal warm.
Penrose in Behalf
of Mr. Qtiay
tContli.ucil fiom Yesterday'" Tilbune.
As already explained, the .acancy happen;
it c.xisf; it ii an ailiul condition. The rec
ognition U distinctly nude that senators can
ri'lRii, and m tnc case of all other xacaniiei,
appointments may be made. The aitual condi
tion of the xae.mcy continues (luring tho ie-ee-ei
of the lesil-datuio, whether it began while
the legislature j ill session, before the leg
islatme cer met, the diy of Us final adjourn
ment, or afhr such final adjournment. What
object could the trainers of the constitution hale
had to restrict the ewcrnor to flillmr acaneies
only when the atamy originated or began in
a recess and noi tn include a acancy which
began before but continued into the rtceas, and
while ciety wold and act of theirs in debate
find In every word of the constitution would
indh.ilc their piraiiiouiit purpose of providing
for tho filling of lucaiiclcd in the senate in order
that it might be kept full. They rould easily
lino ued the plume "If acandc should begin
or originate in reiess," and their meaning would
hae been clear. y denned.
The succeeding wolds of this much disputed
clauso uic:
"'Die cccutio thereof may make temporary
appointments until the next meeting of the lig
Isl.iluie, width t.hall (lun fill such vacancies."
It will be oldened, in the tint place, that
(he oxeculhe "Ma" make these appointments.
It is not mandatc'it iipnu the c.ucutiu. He
will be Mippciacd to use his reasonable dUcretion
In th o.iircisc of hli power. It was presumed
by tlio fiameis of the constitution that if tho
leglidatiuc should happen to meet ery toon
after the octuiienco of such a acaney the power
might not be cxeiclccd. In the inlerpietatlon
plaitd upon the wonK "until the next meeting
of the leglidaturo" we hae another btilklng IN
lustration of the literal constiurtion which his
belli put upon this part of (he rnmtitmion in
Older to Keep the nenate full. Technlially fpeak
lug, (lie winds "until the meeting of the IcgU
lature," taken in their nairowest sense, would
mean until the day the lrgiMatuic meets, and
then the question might well be raised a (o
whether this lestiletion of time applied to the
peih.il during which the tcmpoi.iiy appointment
would go or defined the period during which the
gotiinor might cxticite the power of appoint
ment. It can be axsumed that as far us (he wool
"until" applies cither to the gueeinui's power
nr to the temporaiy teim, it can be construed to
apply to Ik tli. 'ilie tonpoiary appointment
lasts until the meeting of the legislature, and
the goecnior, ef couse, can onlj exercise the
power of nppMutiiunt until the meeting of (he
ligishitiue. Hut the Milking point is that tho
wnid "until" has bcn inleipieted in its most
1iIki.iI mum not In be confined to the d.ij nf the
meeting of the legil.tlmc, but to inntiuiio
I In ouch (lie Mfalon of (be legithture until tilt
day of lis .iiljiiiiriiuu'iit sine die', or until an lee.
tiou br senator is aeeoippliMied. Tlieic .in
be mil.i one object fir Ihis Intel pietatlon of the
wold "until," and that object is uppaient that
theie should not be an im niiuiiiint chasm In the
senate between the uVt day of (he meeting and
oigauir.itlon of the legist ituie and the period of
gleater or lew, extent wlilih must neect-saiiiy
elapse befuie a hen.itnr en 1c eleeted. In tho
cM of Sinniet S. Phelps, the minority itporl of
the ci'uuuitb'c, which was finally adopted, de
dal os:
"1'irhaps it would lue been as well if the
kliiet nnd literal meaning of the words 'until
t'v next meeting of the legislature' had been
nhscru'd "ii tho first occasion in whhli their
enustiuetlou was hiought into question; that
would ha. bad the limit of rcilalnty, but a
icitalniy (hut might liae been too secic for
I he true and liberal Intendment of the trainers of
Hie constitution. They certainly did mean to
say tint the eccutle appointment should ter
minate win n legUl.ithe jurisdiction shall com
menco or bo exciciwd. To gbe this seme eon
stiuetloii to Hie words quoted would In all cases
lr.ne a slate luuepresented fur a time and depend.
riitonlcglslatlip allien, ltalher than hold to (hit
mult the senate, under the precedents quoted,
seemed to haw regauled the 'next meeting of the
legislature' us Ktnoutmnus Willi the next session
of (lie legislature, during width time the mem
ber under cxtulle appointment might hold lilt
teat, unless It should be filled by an election be
fure the termination of a session; and this was
prubatjly an analogy to that pioxUlon of tho fed
eral coustltnllon by wldeli power Is es(ed in (lie
piesldenl to fill up all vacancies that may hap
pen during the letess of the senate by giantlug
commissions which shall expire nt (lie end of
(heir next session."
It was thought at the time that the senate
went very far when It gave an Interpretation to
the words referred lo beyond their literal mean,
lug limiting (lie term to tho clay of tho meeting
of the legislature This construction met with
a decided opposition from n respctiablc minority.
'Hie construction put upon these words is a
striking Illustration of (lie (bought paramount
In (bo minds of all, (hat tho great purpose cd
Hie constitution must alwavs be kept Ii view,
that the semte should be kept full alwavs full,
rif.i.ixn vacancii:s.
What vacancies tan the legislature fill at lis
next mectlngf The constitution savs all va
cancies that the executlvu did till or could have
filled by temporary appointment. This Is clearly
Indicated through tlio whole context of Hie pro
vision In reference (o tho filling of vacancies and
especially by (he use of tho adjecllve "such."
What vumncir ato meant b) the words "slieh
vaiunciea"? Ilic vacancies mentioned In the
llrt part of (lie clause; (hat is, vacancies that
FERINAND W. PECK.
(sSf'3RV MIAiv, --'"-
Just at present congress Is Irving to get from
Kridlii'iiid W. Teck, UnUcd Mates commissioner
gtneul to the l'aris exposition, a detailed ac
count of the ?:i0,C21 which be has so far spent
far expenses connected with the exposition. Mr.
Tack is In l'aris at present and the picture wo
piesent ef Mm Is his most recent one.
happen "by resignation, or otherwise" and which
tlio executive lias the right to fill by executive
appointment. The word "such" It defined by
me icntury Dictionary to mean
1. Of that kind; of the like kind or degree;
like; similar.
2. The samo as previously mentioned or speci
fied; not other or different.
So that when (he vxord "such" Is used before
the word "vacancies" in the latter part of the
clause, It means the same kind of vacancies men
tioned In the first part of the clause in reference
to executive appointments. It therefore appears
that theie can be no vacancy filled by executive
appointment. It is admitted that the legisla
ture can fill all vacancies, no nutter bow created,
and it tlitreforc follows that the governor lan
till, by temporary appointment, the same kind
of vacancies. The vacancies to be filleVl by ex
ecutive appointment am as broad as the vacan
cies which can be filled by election.
In other words, (he cons(l(utlon of the United
Slates clearly intended to create a senate, and to
have a senate implies that the membership of
that senate shall bo represented In full, In every
pilnciple of justice to the people and protection
to the sinaller states. To piovldc for the crea
tion of that senate it was distinctly declared
that the senators should be chosen by the legis
attires, and In order to meet every possible emer
gency of partial representation,, or, perhaps, nn
alienee of representation the constitution created
two method of constituting senators, namely, by
election for a full term or the remainder of a
teim and by temporary appointment. The for
mer was vested in the legislature of the stuto
and the litter In (he governor. Tiic powers
of each are sipiralcly arid distinctly given; they
are independent powers. The governor Has
nothing to do witli tlectiois; tho lcghlature
has nothing to do with tcmpoiarj appointments.
The legislature Is to elect and tlio governor ii
to fill temporarily vacancies, however occurring,
and by these two means the self-evident puiposo
n! the constitution In creating the senate is to
be accomplished that the t crate should be kept
filled. Any other Interpietation is not to carry
out, but to defeat the cei stltutional intent.
To argue that the constitution, which created
a senate and ocrcised every precaution that tho
states should be fully lepiescnted, meant to de
pi ivc a state of a senator and take from the
governor his power of tempi rary appointment,
merely because the legislature fa'led to elect, is
lo maintain that the trainers of the constitution
intended to punish not only mo siatc which
might be involved, but all the people of the
United States, by leason of such restriction.
There might be seme ground for apprehension if
the governor appointed for (he balance of the
term, but his appointment is only at the most
for a few mouths, a temporary appointment ex
pressly provided lor in Older to prevent an In
convenient chasm In the senate', the integrity of
whose organization has been promoted and facil
itated by the liberal inteipretaticn which has
been placed upon almost every other word in
the constitution bearing upon the United States
senate. A temporary appointment by the gov
ernor, therefore, creates a senatorial commission
of force nnd validity ar.d authority fully equal
to an election by the legislature. In fact, us
already observed In reference to the method of
balloting for scnatois, tho governor is a con
stituent part of the legislature of a state. It
Is true that he is not included in stale constitu
tions under (lie ai tide on (lie h gislature, hut
umler a separate aiticle on the executive; but
(hat is because his executive functions foim a dis
tinct branch of our s.vstem of government and re
quire a sepaiaic article. The laet remains, bow.
ever, that bis approval Is needed to every act
of the two houses of the legislature.
CONSTITUTIONAL HHCLI-ATIOXS.
The tendency of modern constitutional regula
tions, indeed, lias been lo increase (still further
his position and influence in (he extension of
the veto pouei, so that its exercise lias assumed
the character of actual legislation. A striking
illustration of tills extei.sien is (lie power given
to the governor in many states to veto an item
In an appropriation bill, instead of being ie
strleted, as heretufire. In (ho uppioval or ills
ippiuval of tlio whole measure, (bus giving (he
governor more power over (lie disbursements of
the stito thsn either oi both of the two bouses
of the Icoislaluic. So luipciUnt is tho governor
In the coordinate bum lies of the legislature
that he lias geneially come to be looked upon
by the people as a protection against the legis
latuie, which ficquently is i-orrupt and eon
dolled by coiporale or political intlucnecs. Where
tin in are many men resiKiusibilily Is divided
and one man can have concentrated upon him the
responsibility for bad or unpopular public aits.
Theiefore, theie is no such icsponsibillly about
a ligislatiiio as tlieic is about an executive.
Upon the oxeeutlve Is concenti.ited the criticism
of the whole loniuuuiitv for all public acts, and
this is found lo be a wholesome restraint in the
Interests of good government, however evilly
disposed an executive might be.
So far has this development of modern liw
picgics-ed thai the tendency lias been to restrict
legislature-! by Hunting their session to once in
tun or four .sears, and by taking Irom ihrm a
very large pait of those general powers which
attach to tho legislative IkkIv ns icprcscutlug
a sovereign state. Special legislation has been
abolished. As many matteia ns may possibly
be pel formed through general laws and the in
strumentality of courts have been relegated
thereto; while the executive, on the other hand,
lias had his power increased and extended. Par
ticularly Is tills true in our municipalities, whero
the concentration of ail patronage and power in
the bands of a single executive and the fastening
uiion him individually of the full responsibility
for the administration of municipal affairs Is a
modern tendency of munlilpal legislaton. The
governor of a state appoints Judges, and many
other state officers. It is argued that lie may
appoint a favorite to the tenatorship. Ho Is no
more likely to appoint a favorite to tho senator
ship than lo make any other important appoint
ment fcr the same uasou. As a lulc tho gov
ernor will represent a majority of the people,
and in most cases a majcrlt) of (lie legislature.
It Is said that a cliou" may bold up the legisla
ture in order tu tlnovv (he appointment into the
hands of the governor, hi. I, as a nutter of fait,
(bo power of a ilique, under the att of con
gress of ISCli providing for Ilic election of sen
atom b requiring for such election a majoitly
of nil tin.- members of (he legislature, Is dlrccily
promoted by (ho provisions of (his act.
fu (Ida connection I will stuto (hat In my
opinion a laige pait of the dlflleulliea encoun
tered by legislatures In coining (o n agreement
upon the question of electing h United States
senator arises fnin that provision In the act of
ISou which riaulie a m.ijirily of the wholo leg
islature to elect a senator. In almost every
other branch of our political s.utcin a plurality is
untie lent fo elect. A plurality of the rltlrens
elects the members of (he legltlatuie (hemselvcs,
(he governor ol (lie stale, and nil other officers.
It would seem as if n plurality would be sulll
clent to elect a scnatoi by n lcglslalute. Tho
act of ltVIA was a eompriuilie upon tho original
intendment nf the constitution. It would seem
as If a senator must lie chosen as a legislative
act, and It Vas roniequenily pioVided that the
first effort t' elect should be' made by (he two
bouses separately. 'I hen the scheme oi u Joint
ballot via adapted as th.) only practical way to
accomplish an election after each house bad
aiied to cast a majority for the same person in
(heir separate lapaeitiea. If was necessary to
strain the meaning of (lie consiitullda in older
to form a practical met live) of electing senators.
The difficulty involved In the requirement of
a majority to elect la that It places the con
trol of tho legislature In the bands of one, two,
(hree, or more persons, who, by holding out, are
frequently enabled to dictate1 their own terms
or to prevent (he election nf a senator.
HKQUIRKMKVr Ol' MA.lOMTW
I believe that (here Is a bill now pending be
fore lougicss, Introduced by the distinguished
senior senator from Mass-ihi'scHs, which, among
other provisions, docs away with the require
ment of a majotlly. While It It to be ad
milted that certain abuses can arlc under the
requirement of a mere plurality, such as the pos
slblllty that (he minority In a leglslatmo might
elect a senator where the majority might be
divided into two factions, which weir unvble
to ogrce, yet upon the whole, it would seem as
If some method which would peimlt an election
of some kind would tend In the end to the co
herence of whatever party might lie In (he ma
jority In the lrgislatuie, ar.d in any event would
penult the election of a senator, which Is now
frequently really impossible where tierce or more
sepsralc parties or factions exist In a legislature
each widely, and at the same time often sinceic
ly, disagreeing with eaili ether and utterly un
able to come together.
There arc two other cases tn (he constitution
In which vacancies arc referred (o, and (he In
(erpietallon which has been placed upon the
word In these two Instances Is full of instruction
for the construction of the word "vacancies" in
connection with tho filling of vacancies in the
United States senate. Clause 3 of section 2 of
article 2 of the federal constitution provides!
"Tlio president shall have power to fill up
vaeanclei that may happen during the recess
of the senate by granting commissions which
ahall expire at the end of their next session."
At a very early date (he question was raised
whether or not, under this provision of the con
stitution, the president bad the right to fill up
a xacancy that had occurred by expiration of the
full term or In any other manner while the sen
ate was In session, which vacancy, not having
been filled, continued to exist during the recess
of the senate. The construction placed upon
this provision by numerous attorneys-general of
the United States and by the courts very largely
aids in arriving at a proper construction of this
constitutional provision authorising the governor
to make temporary appointments. On the ex
piration of General Svvartnout's commission as
navy agent at New York, while the senate was in
session, the president nominated another person
to fill the vacancy and sent the name to the
senate for confirmation, which was not m-ide
before the senate adjourned. The vacancy con
tinued to exist during the reress, and the presi
dent asked the attoircy-gercral whctlitr he bad
the right to fill the vacancy by temporory ap
pointment until the end of the next session of
the senate. Attorney-General Wilt, in a well
considered e pinion, held that It was n vacancy
within the inearitig of the constitution, nnd that
It could be temporarily filled by an appointment
by the president. In this connection he ths
cussei the use of the word "happen," and save,
among oilier things:
"The doubt arises frcm the circumstances of
Its having first occurred during the session of the
senate. Dut the espresslen ucel by the const!-tt-tion
Is 'happen all xaeancics that may hip
pen during the recess of the senate.' The moC
natural sense of this term is 'to chance; to all
out; to take place by accident.' Hut tho Cv
prcsion seems not perfectly clear. It may
moan 'happen to take place' that is, to oiigi
nale,' under which sense the picldent would not
have the power t fill the vacancy. It may
mean olso, without violence to the 6cnse, 'hap
pen to exist,' under .willed seise the president
would have the right to fill it bv his temporary
commission. Which of (hose twe senses is to
bo preferred r Hie fust seem, to me the most
nccoielant with the letter of the constitution,, the
second the most accoidant with its leason and
spiiit."
The attorney-general goes on to say:
"This seems to nit- the only construction of
the constitution which is compatible vvitli the
spirit, reason, and pmpose, while nt the same
time it offers no violence to its language. And
these I think arc the governing points to which
all sound construction lools. The opposite con
struction is perhaps more strictly consonant vvitli
the mere letter, but it overlooks (he spiiit, rea
son, ar.d purpose, and, like all constructions
rrerely literal, its tendency is to defeat the sub
stantial meaning of the instrument and to pro
duce the most embarrassing inconveniences."
It would be difficult to find onjwliere a criti
cism more applicable to those who now in their
opposition to the gubernatorial right of appoint
ment arp endeavenlng to defeat the substantial
meaning of the constitution and produce the
most embarrassing Inconveniences.
To lie Conlinued.l
NOTHING SERIOUS.
Not Certain.
Musical Enthusiast Of course jou know the
"Cavalleria Ilusticana?"
Mrs. Oaswell I think I met him once in
Venice, but one sees many titled foreigners, jru
know. Chicago Tilbune.
Shabby.
He Many me, dirllng, and life will lie cno
grand, sweet song.
She I am not quite sure alsiut the swertress.
On ten per week It could only be a lagtlmo
song. Chicago 'cws.
His Point of View.
She A maiiied couple should pull togcdicr
like a (cam of horses.
He Yes, and (hey piobaldy would if like a
(earn of horses they had but one tongue between
them. Chicago News.
How Things Work.
"What's a souvenir, Aunt Ami?"
"nil, It is mi) thing ,vou keep o Ion,; (hat jou
can't remember wheic )ou got it." Indlaii'.pulls
.IlilllUll.
. tffifr-
radicular interest centers around
our $20 Threc-Plece Hedroom Suites.
And it is not difficult to decldo why.
There Is something about each piece
which catches the eye and Invites a
better acquaintance. Then construc
tion and finish are observed and com
parisons made. The decision generally
Is that theso are better In every way
than anything ever offered at the price.
Hill & Cooeell
121 N. Washington Ave.,
1J5Z353
EVJERETTS
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 794, and Everett will
send you a first-class outfit.
EVERETT'SLIVERY,
230 Dix Court. (Near City Hall.)
ALWAYS BUBY.
CT (Rx
SHOES 1'Oft
BASK
SPItlKO,
DAM, SHOKS,
OUTINC1 SHOKS,
TENNIS SHOKS,
liSIIIXO DOOT8
Lewis & Really
Ui-116 Wyoming Avenue.
For
WeddDeg
Preeets?
Yes, we Ihave them, in
Sterling Silver, Rich Cut
Glass, Clocks, Etc.
An interesting variety
of the richest goods in
America. Prices the low
est, guarantee perfect at
MEECEMAU & CdDNMiBLL
130 Wyoming Ave.
Coal Exchange.
The Huot &
Cooeell Co.
Heating, Plumbing,
Gas Fitting, Electric
Light Wiring, Gas
an Electric FJxtures,
Builders Hardware.
HENRY BELIN, JR.,
Ueceim Acent fortus Wyomlaj
District, i.-
DUPONT
iiiuJne, Hunting, Sporting Sinaoliii
uuet tlio ltcpauuo UUoiiil.:au
Cuu,p:iiiy'i
EKPLOSIViES.
tofety I'liio, tn pi nnet i;x;)lo li.-l
itoom 401 Connoll Uatl'llii.
dcrauOu.
AUKNUliii
TIIOS, FORD, ... .Vlttstan.
JOHN B. SMITH & SON, - Plymouth.
W. E. MULLIGAN. - Wllkes-Borre.
An Intelligent matron, a resident
to all her neighbors that she thinks
pans
PIIOEB.
She believes that they saved the life of her son, a boy of twelve, who had
been taken sick with what the doctors called liter trouble and catarrh of
the stomach, She saxs that nfter treating him a car, without doing him
any good, the doctois gave him up to die. About that time his uncle,
who had had experience with Ripans Tabules and found that they had
done him much good for catarrh of the stomach, inUstcd that his nephew
should try them. After thty had been taken two months, according to
directions, the boy was able to go to school and four months after he
began taking them he teplicd to an inquiry: "Why, I am just as well
as ever I was,"
FINLEY'
Aim ai Mai
at of
'prfiiog
Hosiery
Our showing of 11 no Hosiery ij
the most nttractlvo in years, and la
addition to staple lines, Includes
many original and exclusive stylos,
not shown elsewhere.
In fine "Lace Stilpes," "Drop
Stlteh." "Polka Dots" and "Em
broidered." either In solid colors or
fancies, our lino Is unsurpassed.
Note the following specials:
Good for this week."
At 25c Per Pair.
Polka Dots, Black, Blue and Ited
grounds, with xvhlte dot.
Past Black, full regular made,
with high spliced heel and doublo
sole, also with white solo or whits
feet.
At 35c a Pair, or
3 Pairs for $11.00.
Extra flno Fast Black, white solo
or white feet, and our regular 60c.
line. Drop stitch Lisle in Black,
now Heds and Purples, also In Lace
Lisle,
At 50c a Pair.
Medium and light weight In Cot
ton and Lisle Thread. New colors
in Lace effects.
At 50c, 75c,
$3.00, $1.25 up to $2. 50
A specially handsome line OS
fancies both in Lisle Thread and
Silk.
100 dozen Fast Black with white!
sole, full regular made, our regular
2."c. quality; during thi3 sale, only
13c.
At 25c, 35c and 50c.
Special line of fancies, newest de
signs in Stripes, Dots and Laca
effects.
510-512
LACIAWANilA AYENHJE
The Neostyle
DMpMcator.
oooooo
It will print a,ooo 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.
Rey molds Bros
Stationers and Engravers,
Scranton, Pa.
We r.irrv the largest lino of oflict lupplici In
Solllirjsli'in I'cnn.j llama.
of Ithaca, N. V., makes It very plain
there Is no medicine like
Tabules.
I
' I
IF
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