rv THE SORANTON TRIBUNE-FRIDAY, APRIL 27, 1900. rulilhhcd Dally. Exre-pt Sunday, liy The Trib une rulilislilnB Cum pant, t Kitty Cents a Montli. I.1VV ft UlCIIAni). Keillor. O. F. 1IY.III:K, IIusIiims Manager. New York Oflket 150 Nassau St. H. H. VliKCLAND, Solo Agent for Foreign Advertising. Unterrd at the l'ostofTIce" t Reranlon, Pa., ai Seconel-Class Mall Matter. AMien Kpacc will permit. The Tribune 1 al w) glad to print nhort loiters from lt friends lxarlng on itirrctit topics, but lt rule Is that these must he signed, tor pnlilliiitlon, liy the writer's real name! and the cundltinn preieilent to ac-ceptanee Is that all eontllbulloiu shall he subject to editorial revision. SCH ANTON, AlMtlli 27, 1000. TEN PAGES. For Vice-President, CHARLES EMORY SMITH, OF PENNSYLVANIA. BEPUBLICAN NOMINATIONS. State. Cmicie-.Miien-.it.I.aiEe - '!.M I"MI V. V I.MUCI.'I II. rIKIIIH.I.i:i!. Auditor CcitmI-I:. II IIAIIIH.M.mttlll. Legislative. "nit HMMit iikims,) itrwour-. stutid Di-irht- kuiv st iiriT.ii, lit. TliltH HMrht- i:n MID .1 MI .lit. t'miilh )ililtl-l'. . I'llll.lllV UlltiW. Oeiiintlnfr thcisp who won- palt'P'l, Colonel Quny had the- support of S3 IlcpulilicunH and fi Democrat!; and thn opposition of 17 Republican;. 1'0 Demo ciatM and- I Populists. In character and ability an well as In uutnlicis Ills Ttcpubllcan tuippiirtei'H compare favor ably with lils opponents; and on party lines ho Is still the majority's choice. Special Pay for Special Work. S1JCKETAKY ROOT'S reply to the resolution of inquiry re specting extra allowances to tirini' ollleers serving as ad ministrative ofileers In the new de pendencies Is stialRhtforwnrd and con clusive. Inasmuch as the Democratic campalKn workeis appear to want to build a party Issue upon this grant of special pay for special work, It may be well to rIvo the secretary's version in ills own words. "Pursuant," lie says, "to tho orders of the secretary of war dated, tespect Ively, March 1, 1893; April 19, ISM, and May !, 1899 allowances have been paid four ofileers of tho army who have been required to live in the city of Havana and to perform Important civil functions In connection with tho ad ministration of the government of Cuba, as follows: To the military rov emor of Cuba, at the rate of $7,.r00 per year; to tho military governor of Hav ana, at the rate of $.",000 per year; to tho collector of customs for the Island of Cuba, at the rate of J1.S00 ier year; to tho treasurer of the Island of Cuba, nt tho rate of $1,800 por year. These payments were In addition to the sal ary and allowances which the said ofil eers were entitled as such to receive out of the treasury of the Unite 1 States. I am not awaie of any other payments of the character described in the resolution to any ofileers In Cuba. 1 annex heieto jv report lcceived some months since ftom the headquartets division of Cub.i showing: that none other have been made. Tho payments have been made monthly fiom tho dates stated in said orders until th present time. The precise dates of payment will appear In an itemized statement of receipts aud expendi tures now In the course of preparation. Payments to the military governor of Havana will cease with tho termina tion of that olllce on tho 1st dav of May, 1900. The names and ranks of the ofileers receiving the payments were: As military governor of Cuba, Major fieneral John H. TJrooke, until the 13th day of December, 1S99. and Major fleneial Leonard Wood, V, S. V., since that time; as military governor of Havana. Drlgadler General William Ludlow; as collector of customs for Cuba, Mujor T.iskor M. Ullss; as trcai uier of tho Island of Cuba, Major V. V. Iadd. IT. s. V. No allowances have been made to any oflicer In Porto Itlco other than the statutory sulary and allowances out of tho tieasury of tho United .States. "The payments specified were made out of the revenues of the Island of Cuba on account of government theie of, and they were made on that account for the teason that It was imposslhlo lor the said ofileers to properly per form the necessary duties pertaining to their positions without the expenditure of the full amount of such allowances in addition to their statutory salaries and allowance out of the treasury of the United States. The aggregate -it the payments thus made pi lor to tho .first duy of the present month was $17, "441.66. The total receipts of the Island of (Juba collected by these ofileers dur .Tiiijy the period covered by the afore Tsaid expenditure therefrom amounted Ao $21,028,572.76, and the total disburse .merits under their direction amounted to $19,2S0,512.21. Similar allowances to officer of the army performing civil functions in Mexico und California were upproved by congiess by tho uct of March 3, 1849, and the act of Feb, 3, 1853. The said payments were author ized by the president of the United States upon the oral advice of the at torney general that the same were In nil respects lawful." ', The fact that $40,000,000 of Cuban .revenues have been collected and dis bursed at a total cost to Cuba of oniy $17,500, or not quite one-twentleth ot one per cent., does not Indicate that there Is much material In this matter for the construction of Democratic, campaign arguments; but if our friends, the enemy, want to use what v there Is, they are cordially welcome. David Martin Is now duo for a few loud war whoops in favor of ballot "leform. The writers of stories regarding tha kidnapping of children by gypsies have at last been vindicated, A young girl of niughamtou has been Induced , to accompany a band of nomads and her narento are hot on the trail. Tho Klrl, who Is nb'oBt fourteen years old, appears to have accompanied the KVPsIch of her own accord, but when tho father overtakes the horse traders It Is probable that material for a first class nielodtama will be furnished on tho spot. Those who have lead Senator Pen rose's speech, which wo conclude In today's Issue, will have to rccoRtilzc that It was tin argument worthy of a better fate. No abler exposition of a constitutional problem has boon made In tecetit yeais. The Han for The Occasion. THM 8TATK convention let pass n splendid opportunity when It fulled to Indorse for vice president ot the United States Pennsylvania's most accom plished orator and statesman, Hon. Charles Emory Smith. This f.illuio' was a natural result of factional con troversies and small politics, of which the better membership of tho Republi can party Is thoroughly weary and ashamed. Hut tho consequences of this neglect fall upon those only who ate responsi ble for it. In no degrco is the fitness ol Mr. Smith for lecognltlon and promo tion lessened or tho esteem In which ho Is held by Intelligent people diminished. He remains one of the master minds In the llepulillemi party, a vivid Illus tration of the difference between a politician and n statesman, and still the choice of Influential Hepubllcnns In many sections for tho honor In which the factlon-rlddon convention In his home stato failed to exhibit an appreciative or even a politic interest. The cottntty is rich in vice presiden tial material and many names havn been suggested which would satisfy and delight the discriminative masses of tho party. Hut we believe that wu aio well within the truth in saying that not another suggestion has been made which In combination of essen tial qualities equals the suggestion ot Charles Emory Smith. There are men of Influence In every state who prefer his nomination to any other which could be made, and It is yet our hope that Pennsylvania may this year R.iln representation on tho national ticket In spite of herself. One by one tho Democratic issues fall. Fit si It was stale rights and the right to enslave: then free trade; and last sixteen to one. What will be tho next Kourbon shibboleth to go by tho boaid? Manila's Photograph of Hanna, IT I.-3 NEVEU ptolltable to waste time In crying over spilt milk. For picsent purposes the Quay case is settled. Some are glad nnd some are sorry but inespectivc of either the fact icmalns that the commonwealth of Pennsylvania Is de prived of the equal lepiesentation In the senate of tho United States whieli is its due, and that chletly thmugh the cut ions action of one man, Mark Hanna. We can uudor&tand now better than previously why U.inna In his own state lias never dated to i tin foi an elective ofllce and why every time the decent peopP- of his party have had :i chance to expicss -faltly their opin ion of him it lias been a vol diet of censure. We can undei stand why, in the factional differences between H.inna and Foraker. the latter has had almost invariably the willing sup port of both politicians nnd people wlille the former has commanded only those who could be bulldozed or bought. The fait that Foraker keeps his word in politics wlille Hanna Is capab'e of appatent deceptions nnd false ptomlses like those which he Is credited with having employed in his knifing of Colonel Quay is sufficient to account for much In the politics of Ohio which to outsideis has hither to been Inexplicable. Hanna, to be sure, owed nothing to Quay nnd could appropriately have opposed him or been neutral from the start. But to agree to do one thing and then at the last minute to do another, when ptemeditated and pre arranged, is a conception of political sniartiws which lias never been popu lar among the plain people of this country and It never will be. It may or may not be what Quay deseived. We tecognlze that there is an honest difference ot opinion on that point. Hut legardless of Quay's merits, the photograph of Hanna made by Hanna himself in Quay's case. If the facts are as they seem to be, Is unfortunate and It seems clear that it must lead to his early disconnection from active participation in the management of the ensuing national campaign. The season for aibutus paitles Is at hand and the few remaining loots of this beautiful flower of springtime will soon bo lemoved fiom the soil in this section. If arbutus gatherers could bo satisfied to pick the lloweis Instead of pulling them up by the roots this rapidly disappearing plant might be preserved, but at the present rate it will soon bo extinct. Congress r-as decided to cut off tho New York postal tube appropriation. Come to think ot It, $37,000 a mile rental for mall shooting tubes makes lapld-flre postal facilities rather ex pensive. In tho past generation we have paid to foreign ship-owners for ocean ft eights as much as we have collected at our cuBtom houses. It Is time to remedy this condition. A rummage sale of his Jewelry unci brlc-a-brao would doubtless enable the sultan to pay the American Indemnity. m i ii Our exports' are leading our linpoits $SO,000.000 u month. Republican nsceiv dancy pays. The constitution Is all right but the Interpretation of the document Is often faulty. Funeral sermons over Quay have been preached before. Penrose in Behalf oi Colonel Qliay (Continued from Ycilnlay'a Tilhune. A simitar cae ano during the lultnlnlstrutlon of President Jailtson. In relitlim to the appoint ment of a leidstir for the land olllce lor the Mount Salus district, In the state of Mississippi, Allorney-deneral Taney st'stalned the right ol tho president to appoint to fill a vacancy vvlileli had "happened" during .1 selon of Ihc senate, ln.t "evicted" after It had adjourned. In that case It Mas held to he the Intention of the constitution tli.it olllees created ly law, and which are nceessary to the opclatlons of it gov ernment, should alwnva he full, and that when vjcuiclcs "happen" they shall not be protracted hejotid the lime heccssarv for the pi pt Went to Mil them. In tho administration of I'ieldent Tjlejr In 1PI1 tho Question was again laiutd, and Attor ney (Irm nil Leg.ire took the Fame view ot tho constitution In this connection as his predecessors. It Is interesting, however, to note that he even ud.meei n tcp further, and nctvlcd that the piesldrnt has the light to make nu appointment to Ml n vacancy which existed after a session ot congress Intctvcned, to which n nomination could hac hecn made. Attorney-General Mason advised President Polk, In l'lit, to the same cfTcct, in tho following vv ordii : "Klin thou?) i the vacancy occurred hefnro the session of the senate, If that body, during Its sci-slon, neglected to confirm a nomination to fill it, the president may fill it liy a temporary iippnliititiciit; and public eonsldciations seem to rtnulic him to do so." (Opinions of Attornejs Cicncr.il, inliinie I, page M3.) Thus not otili Is the president declared to h.nc the power, hut It is declared to he his duty, from public corsldcratlons, to see that the uh lie oltlces are Kept filled. The same ejuestion was raised by President Lincoln, with his attoncy gcnciul, in ISO-', on the ejucstlon of his power to f,ll a vacancy on the bench of the Supreme court during a recess of the- senate, which vacancy cvisted during and betcno the last session of the teinte, and the rljbt of the president to flit such vacancy on the bench of the Supreme rourt was sustained by Attornej-Gener.il Hate. (Opinions of Attornejs General, volume 10, page 357.) Again, in the case of Peter McGough, ap pointed lij Piesldent Lincoln as collector of in terna) icu-nue for the "Twentieth district of l'cnnsjhania, it was declared bj the attorney, general that where the president made a tem porary appointment of a collector of internal revenue during a recess of the senate, and no nomination was made duing the next reguljr session, or during im extra session called there after, that the piesldent, after the adjournment of the evtra session, might fill the vacancy by a second temporary appointment. (Oplnoins of Attoinejs (ieneial, volumes, page 17H.) Thus the power of the executive was advanced another btep, and It was the c pinion ot tho at-teiiiicy-gene-ul that he eould make a second ap pointment even after the lapse of two sessions of the senate, to neither of which the nomination had ever been sent On the sim1' principle tne power of a governor of a sljfe to appoint a sen ator i Incxluustllle. It has been argued that One Inportant distinction Is to l-e borne in mind, however As so' foith bj Attoinej Gen eral stanberrj, in 1W0, a distinction is made be tween a temporary appointment b.v the president, without the consent of the senate, and an ap pointment for a full term, made v.lth the con .sent of the senate. A similar distinction obtains between the appointment liy an executive to fill n vacancy In the United States scnMc, in which tho governor does not give fell title to the of tiee, but makes only a temporary appointment until the legislatuie can make an election. The following is the language of the attorney-general in this connection: "I say hv the temporary appointment of the piesldent; for. In strict lai guage, 'he president cannot invest any offlcci with a mil title to the otHce without the concurrence of the senate. Wiether the president appoints in the session or in tho recess, he cannot and dies not fill the of fice without the eoncurierec of the Ffnate. He wuy fill the vacatnj in the lece-ss, but only by an appointment which lasts mill the end of the il session" (Opinions ot Attorneys General, volume 1, page 11.) samll.il eoiistiuetlons have been adopted by succeeding .ittorpevsgeneiali by Attotne'j-Ocn-eial Williams, in 1771; by Altornoy-Gcncnl l)ev ens, in lt77, ,md by the same attorney-general In ISMi, when he advised the secretary of the ttiasiiij on the question, ialrcl by th appoint ment of .leihn P. Ilaitianft as eoileetoi of the pnit at Philadelphia; by Utoincy-Geiicial Prow-stei-, in lvvl, and by Utoincj -General Miller, in 1'1. who advised President Harrison that the rule h the same at to the power of the presi dent to till ,i vacancy In (he ease of an otfiee ire nteel but not filled during Hie session of the sen ate whieli had adjoin lied. MKWI.MJ OP "II.M'PKX." It will be observed lh.il the woid "happen" In all of the c pinion-, ,md cases above cited was construed to be ued in Ihc sense of "happens lo exist," and it was held to apply to all kinds of vueinelcs, whether the vaeanej happened or occnried by death, rcsii-nation, removal, the be. ginning of the teim of a new oiThc, where no incumbent had either been elected or appointed, ir the vacancy occasioned b.v the expiration of the term. No distinction was nude In the kind e.f a vacancy to be filled, and it was uniformly held that the pe.wei to appoint was complete when the vacaiiev happened to exist, without ref. eieiiee to the iiianmr in which or time when Ihc vacancy oeeuired It will be observed that no distinction Is undo as to whether the-se va cancies i ice lined piioi to a session of congress or during a session of congicss. In every case, including that ot an olllce newlj created, it was held to be the power and the duty uf the presi dent to keep the public ofllce filled. fan senators adept two interpretations of the word "vacancy" in the same day, or even in th same houi Can they apply one interpretation to the word "vacancy" when it occurs in the constitution in connection with senatorial va cancies? Can they in open legislative session expound their aihitrary definitions and qualifi cations and lestrictions concerning these vacan cies, and, a few moments, peihaps, afteiward, In the secicey of an executive session, give an entirely ilillcient construction to the word "va cancies" in connection with vacancies in offices tilled by the president? In fact, wc then give the bioadest and most liberal interpretation to the woid "vacancies" in this latter connection in ouler that the paramount purpose of good and e (lie lent gov cl lime nt nnd thn obvious meaning of the constitution mav be rallied out that the public offices may be filled. This principle has been acquiesced in by the house-, which has al ways lecogulzed the authority of officials so an. pointed to such vacancies, and, in the aet of making appiopriatiuns for the salaries and ex pendiliires of such otlklals, distinctly and em phatically acknowledges tho validity of their title. There is a thin ami last place in which the word "vacai.ey" occurs In the constitution, and the construction which has been placed upon It Ihiows considerable light upon the interpreta tion of the word "vacancy" In connection with senatorial appointments. ('huso t of section 2 of article 1 of the constitution of the United States provides: "When vacancies happen In the representation of any state, the executive thereof shall issue writs of election to fill such vacancies." A caso In point occurred In the state of Ithode Island. William A. PIrcc w-as declared by the general assembly of that state to have been on November t, 1SSJ, elected a representative In the Forty-ninth congress. The national house of upresentallves on January 2 18S7, resolved that he was not elected; that the seat was vacant; and that neither he nor any other person recclveel a majority of the legal votes cast at the election on N'oveinliei I, IsSl. This, then, was a case of the people of that district having failed to fleet a congressman. The question was then raised before the Supreme court, whethei, under the provision, of article t of section 2 of the constitution of the United States, already u-. ferred to, the governor should issue awrlt for a Bpeclal election to fill the vacancy. It xva contended In that case that It was not such a vacancy as was contemplated by the provisions; of the constitution. The Supremo court held that it was a vacancy within tho meaning of article 1, section 2, und the governor had power to Iisuc a writ of election to fill the same, (In re Representation Vacancy, 15 It. I., fljl). orncps suorjM) sot he vacant. It will be, of e,urse, argued, at It has been in the past, that these cases of vacancies In ref eicnco to exec dive appointments nnd vacancies happening in tho house of iiprccnUtlve ura not similar. to those vacancies occurring in the office of s-iiator. H Is slid thit there are no words of limitation as aro found in the provisions leganlirg senatorial vacancies in tho words "by rtslgn ilon or otherwise," Put, if the argument la god that these are not vvoidt of limitation, this objection falls to (lie ground. It ll dim- cult fo tee how, except by the most strained construction, senatorial vacancies are not upon a precisely similar basis as vaclnclcs occurring in an qppolntive office or the house of lepresenta lives. The uTtcc Is vacant; the constitution of the Ur.ltcd states intrnded that all the offices of the government shouh1 be filled. Some sen ator has Mid in past years that the constitution abhois a vacant:)- as nature abhors a vacuum. It is rs. ct, till to the very purpose of govern ment that vacancies slnuld be rilled. Hclcrcncc Is made to a provision In the constitution of Pennsylvania telatlvc to the filling of vacancies. Article 2, section 4, of the state constitution, provides as follows: "In case of a vacancy in the office of United States senator fiom this commonwealth, In a re cess between sessions, the governor shall conveno the two houses, by proclamation, en notice not .exceeding sixty days, to fill the tame," In considering this provision of Ihc conslltu tlon of Pennsylvania, it is observed that the federal constitution Is the au reinc law of the land and of paramount authority in all matters, including the duties of federal, state, and other public ollleers. The chief evecutlve of any etate can follow any rule of official octlon prescribed by the federal constitution to the exclusion of h different rule prescribed by the constitution and laws of his state. It therefore follows that when a vacancy happens to exist during the re cess ot Ihc legislature of any state In the office of United States senatcr, Ihc excutlve thereof may make a -temporary appointment under too clause of the constitution which has been so fully considered, until the next meeting of the leglsla tine, even if tho constitution of the state pro vides a different method for the filling of vacan cies, fsrcllon 2, aitlcle 0, of the constitution of the United States, provides as follows! "This constitution, and thp laws of the Untied States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the Judge) of every state shall be bound thereby, anything In the constitution or laws ol any state to the contray notwithstanding." This provision of the constitution has been from time to time liberally construed by the Su preme court of the United States. The govctnor of a stale has authority urder section 2 of attlelc 2 of the federal constitution, which is the su preme law of the land, to fril vacancies that ex ist, and that authority is jupreme and paramount to any tate regulation. In other words, the provision of the Pennsylvania state constitution l-i refeience to calling an cxp-o session of the legislature lo fill a vacaney In the office of United Stales senator cannot abrogate or annul the- provision of the fedeial constitution under which the executive makes t-mpurary appoint ments lo fill vacancies. It is true tint clause 1 ot section 4 of article 1 of the constitution of the United States piovieies that: "The times, phces and main. or of holding elections for senators nnd upresentatlves, shall be prescribed in each state by the legislature thereof." A DISTINCTION AND A DIFFEItKNCi:. It is to be noted, however, that this provi sion applies to "elections" and not to "tempo rary appointir.iits" to fill vacancies. Section 2 or article 1, as we have seen, expressly gives the power of temporary appointment to tne gov ernor and not to the legislature. The stale leg Islaluic does not have, under the federal consti tution, the power to make "temporary appoint. rfients." This power is nolcly lodged in the governor. As the federal constitution in the su pi erne law- of the land, and each governor swears supreme allegiance to It, the federal and not the state constitution must Rovern on this question. If, for e.-ample, the constitution of Pennsylva nia expressly provided that the governor of the state should not make temporary appointments to fill such vacancies, it is evident that this pro vision, being directly in conflict with the provi sions of the federal constitution, would be void, and it would become the duly of the governor, when the emergency arose, to appoint. It is possible to put a stiulned and technical inter pretation on the vvouls in the constitution of I'ennsvIvanU "in a recess between pessions," to the clteet that the meaning of this provision was intended especially, and peihaps only, to cover ihc ca-e ot a vacancy that originated after an adjournment. The word "lecess" is not used in its uniestrletecl sense, as in the federal consti tution, but is limited and restricted by the words "betwien sessions." It wc are to indulge in the strict and technical construction contended foi bv the opponents of the validity of the executive appointment now under discussion, there is ample leason for doubt whether under this provisjon of the constitution of Pennsylvania, the guvcn.or of that state hid any authority to convene a sestdon of the legis lature in this particular cpsC of Mr. Quay. The section referred to provides that the governor shall convene the two houses in case ot a vacan cy in the office of United States senator in a re cess between sessions, but the present xacancv originated some time before the legislature of Pennsylvania had adtournod. It is, therefore, more than a vacancy in a reeess between sessions; it is a vacancy during a considerable period uf the legislative sesion and extending into a leeess between sessions. It might be well argued bv our stilct constructionist friends thit tho consti tution applies only to vacancies originating in a reeess between sessions, and tint the constitution of Pennsylvania never intendeel lo itnpese upon the governor of Pennsylvania the necessity of convening .1 legNature soon after its final ad jotirnment, which had failed cfter continued and piotracted etfoits to elect l senator, and which bv the admission of .ill parlies and factions to the eontroveisy could not possibly omc together on such a basis of agreement as would bring about the majority required to elect a senator. In other words, the constitution of Pennsylvania declired that the governor should rail an extra session wheie a vacancy originated while the legislature was not in session, but the constitu tion never intended to apply this provision to vacancies occurring during the session of the legislature, which the legislature had been una ble to fill. It may be assumed for the sake of argument, however, that the clause does fairly include a case of vacancy originating during a session and continuing after an adjournment. The meaning ot the clause, however, cannot ceitainly be to deny to the governor the power committed to him by the federal constitution to mike tem porary appointments. It evidently lefers to elections and not to tempoiary appointments until the next meeting of the legislature. If It does not cover the ease of temporary appoint ments, and takes from the governor the power to make such temporary appointments, and lodges it in the legislature, then It is in palpable and direct conflict with tne federal constitution and is therefore void, as the latter is the supreme law of the land. AS TO PHr.CF.DENTS. Unquestionably in the early history of Ihe government there were precedents in favor of a cuntiactcd and illiberal construction of the rlatise which gives the governor the right to appoint senators. I have not seen a better or more lucid classification ot the character of these nar row constructions, indie atlng as it does the na ture of the much-talkcd-of senate precedents, than that made by the senator from New Hamp shire, thp chairman of the committee on privi leges and elections, in his speech In the Mantle case. He defines the historical development or four limitations attempted to be set up upon the language of the constitution pertaining to tho gubernatorial power to make temporary appoint ments. The first limitation was that the gov ernor could not appoint to fill a vacancy happen ing ut the beginning of a senatorial term. The word "happen" was construed to mean a vacan cy happening In a term after that very term had once been filled. That was in old and preva lent contention. Secondly, the limitation was contended for that theie could be no appoint ment by a governor in anticipation of a vacancy. In other words, the governor of a state undci taklng to exercise the power of appointment must wait until the vacancy actually happened, and no matter how certain tne vacancy might be, no matter how sure the governor might be that a vacancy would exist on a particular day, with no possibility of filling it by means of the legis lature, nevertheless he could not make the ap pointment, but must wait until the vacancy ac tually happened and then make the appointment at the seat of government of his state, and let the- place remain vacant until the appointee could reach Washington. Thirdly, the limita tion was set up, and It is now under discus sion, upon the power of the executive, to the efleot that it could pot be excited where the leg. lslauue of the state liad had an opportunity to fill the vacancy and had failed from uny cause to do It Finally, the fourth limitation lias been contended for, necessarily resulting from the third, that after a governor had once made an appointment his appointee eould only hold Ids office until the next meeting of the legislature, and, if the legislature failed to elect, the gov ernor could not make a second appointment. The senator goes on to say: "These ale, I believe, all the limitations which have been put upon the power of uubernatoiul appointments at any time during the one hun ched years of our governmental history. Put they have never prevailed as admitted and un disputed restrictions. They have alvvaya been contested, debated, and re-debated, and have never become established constitutional or par liamentary law. On the contrary, by advanc ing toward a broad and liberal construction ot the constitution, we have gone on step by step to enlarge the scope of gubernatorial appoint ments and to allow such appointments to be made wheic tie- advocates of the old doctrine would not agree to tolerate them. In the t'l.t rlace, we have allowed many appointments by govcrnoiii at the beginning of senatorial terms, Senatois arc familiar with the cases. Ilrgtnntng with the ease of Cocke, ot Tennessee, in 17U7, and coining down to the case of Pasco, In March, IbO), there have been thirteen cases where the governor lias appointed a senator to take his peat at the beginning of a senatorial term, and In each case tho senator has been admitted to his seat, liy these precedents we have utterly destroyed the old notion that a vacancy cannot possibly happen in a term ur.lesa that very term has once been filled. Second, the senate has ccmo to allow an appointment to bet made by a governor in anticipation ot a vacancy. The in- rebus which prevented a governor from making an appointment until n vacancy actually hap pened, however sure he might be that it would take place, was not finally lemoved until the Fifty-second congress, in 1SU1, when In the case of Senator Chilton, of Texas, it was deliberately determined by a unanimous report from the coin, mltteo on privileges and electltns, adopted by the senate, that the old notion should be ex ploded, and that a governor, If he knew that a vacancy was to take place, and that net legis lature could fill It, might make his appointment before the vacancy took place, and that the sen ator might conic here and hold his seat under such appointment. Thirdly, the senate has made this further advance, In the three New Himp shire eases, and in the caw ot Senator Pasco, of Florida, sitting under a gubernatorial ap pointment, that It has consented to .seat in this body a senator appointed liy n governor where there is a doubt as to wl ether a legislature meet ing next previous to tho vacancy should have chosen or should not have chosen the senator. The fact that although a legislature may have met which w-as entitled to f.ll a senatorial va cancy, and filled to fill it, yet there was a doubt about the right of that legislature to fill It, has been accepted as a Justification of a gu bernatorial appofrtment. So wc have made three new gains from the old prohibitory notions, and we are now confronted with the question of whether, fourthly, a governor may not appoint, although 'a legislature which hid the undoubted right to fill a vacancy has met and failed to fill It; and, fifthly, whether or not as the result of an affirmative decision upon this point a governor may not continue to ar point as often as a legis lature shall make the attempt but shall not suc ceed In choosing a Rcnator and placing him with in the senate chamber." In other words, the progress made In the prece dents of tho senate has been one of steady ad vance. It has been a contest against a spirit of narrowness and technicality. As 1 stated in the beglt nlng of my re marks, the interpretation of every won! in the previsions of the constitution cen se ruing serators has exhibited a progressive tendency toward liberality, in order that thp evident puriose of the constitution might be curled cut, that the senate should be kept filled. The present contention that a governor cannot ippolnt where a legislature has had an opportun ity to elect, or alter having once appointed, that his power is exhausted, are two of the last places left for those who by a curious persistency would desire lo hamper the full representation of state's In this senate. I have no doubt, whether It shall be realired In this case, or some other, that the ultimate decision of this body will bo to complete this mogressive censtltutlonal inter polation, and will rccotTilrc the intention of the constitution to create a senate and as a conse quence to have that seratc filled; and to have that senate tilled by elections by legislatures tor full terms, or remainders of terms, and by tem poiary appointments by governors where there are vacancies existing in the rcce's- of the legis iatuic. apphoi:d by fin: puoplk. By the failure of the legislature to elect a senator the state Is not culy deprived of its equal representation, but the will of the ma turity nf thp iiennlp Is frenoentty enmtiletplv frustrated. In Pennsylvania it Is Interesting to observe that the people of the state have sus tained by increasing majorities the regular organ isation of the Republican party, which was lepre sentcd in the last legislature by the Republican caucus which unanimously nominated Mr. (juay for the senate. In ISI'7 the He publican candi date for state treasurer, after a campaign in which the administration of the state treasury had been directly and vigorously attacked, re ceived 372,148 votes, and the Democratic candi date 212,711, making the Republican candidate's pluiallty 129,717. The vote for the Democratic candidate and all nthel candidates for state treas urer opposed to the Republican candidate was 112,517, making a popular majority over the Republican candidate of 19,029. It will be ob served that in lids election of 1V7, while the Republican candidate polled an enounous plural ity, he failed to pell a majority of all the votes cast. in the following election In November, 1E93. tho Hepubllcan candidate for governor received 470,21X1 voles; the Democratic candidate, .TsS.SOO votes, giving the Republican caididate a plurali ty of 117,'JUfi votes. The vote for the Democratic candidate and all other candidates opposed to the iiepuoucan candidate lor governor vvas 4uj, FOC votes, making the popular majority against the Republican candidate, notwithstanding his cnornous pluiallty, lD,3a', votes. While the lead ing cand'elate failed to poll a majority ot the whole vole, the majority agalrst him ot all can didates vvaiv actually 80,000 votes less than that for state trcasuier in the preccdin-t campaign. In the election of 1800 a state tieasurer was elected. Tho Republican candidate ran upon a platform which contained an emphatic indorse ment of Mr. (juay and dcclaied lhat "our state is entitled to full representation in the United SUtcs senate, and we ii dorse the action of the gov ci i or in making his appointment to till a vacancy eiused by the failure of the last legis lature to elect." Upon the question of the adoption of the platform in the slate convention, containing Ibis emphatic indorsement, the vote had been 192 to !!, indicating a practical unanimity in the con vention, 'the campaign involved the attacks upon the mauigemeut ot atlalis by the Repub lican party, which had been vigorously midp in the two picceellng campaigns, and. In addition, the issue was squaiely fought out upon this plank in the platfoim as to the indorsement of Mr (juay The vutc- for the lie publican candi date tor state tieasurci, elected in November, IS.)"), was 4.(8,000 votes. The vote for the Demo, eratlc candidate was 327,r-12 veites, making the Republican candidate's plurality 110,188 votes. The vote for the Democratic candidate and nil other candidates opposed to the Republican can didate was HjJ.lhs; thus giving the Republican candidate an actual majority of all the votes cast of SS,il2 votes. I called attention above to the fact that In the two preceding campaigns, vith the enormous pluralities, the candidates of the Republican party failed to poll an actual majority. I called attention lo the fact that while tin state trcas uier in 1S')7 had a popular majority against bun of over 41,000 votis, that this majority was cut down 30,(X at the ensuing election for governor. Now, with the issue fairly made upon a candidate for state treasurer, with the added issue made the leading fcattuc of the campaign upon Mr. (juay and the plank in the platform of tlie Republican party indorsing his appointment, in an of! year, with every onnorlunitv for narty dissatlsfarti in and reaction, after tlucc yeais ot agitation unci unlimited opporlunitleii for publicity, the Imal result has been the polling of an enormous ac tual majority for the Republican pirty and an indorsement of the Kepubllcnn rlatfortn, with this plank Indorsing the appointment hv tl " governor. One of the most striking featiucs of the results in tie last election f.vr slate tre-aa urer, following upon the aciiouinment of the leg islature, is the fact that in tlic counties of Pcnn svlvanla from which had come the bolting Repub licans the candidate for state tieasurer received enormous gains. I refer to these facts to illus trate the statement that the governor of Penn sylvania In making this appointment, having a due regard for his individual responsibility to the pee pie of the state, has been sustained by them, anil that in sending these credentials to the sen ate it can be fairly claimed lhat he acts in no. lord with the sentiment of the great majority of the people of Pennsylvania. Particular interest centers around our $20 Three-Piece Bedroom Suites, And it Is not difficult to decide why. There Is somethlnfj 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 thnt these are better In every way than anything ever offered at the price. HIM & Connell 121 N. "WashiriKlon 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, c.ill tele phone 794, and Everett will send you a first-class outfit. EVERETTS LIVERY, 230 Six Court. (Near City Hall.) II 2J) ff:U ffi fle ffZfl a ilEliE lpfHli) fa .'-.I iiTiyprP-" "I'ls ALWAYS DUST. SHOES FOll SPRING, BASK BALL SHOES, OUTING SHOES, TENNIS SHOES, ' FISHINO BOOTS Lewis &Re01ly llt-116 Wybmlns Avenue. For Weddimig Presents? Yes, we have thein, in Sterling Silver, Rich Cut Glass, Clocks, Etc. An interesting variety of the richest goods in America. Prices the low est, guarantee perfect at 1EECE1REAU & CONNELL ISO Wyoming Ave. Coal Exchange. The Hwot & Cooeell Co Heating, Plumbing, Gas' Fitting, Electric Light Wiring, Gas an Electric Fixtures, Builders Hardware. 04 Lackawanna Avcnu HENRY BELIN, JR., Ueneiul Agent for tUs Wjroualnj District J' DUPONT Ulolnc. blasting, .SDortlne- -Sma'.ca.44i sua tlie Repatino Ube.ntc-i. Co lipiltivi HIGH EXPLOSIVES. tttlety 1-uxe. Ciipx unit Kxploio.-i itoom 401 Coauell ISUiUio;. Scruutj'i. AGKNClfcli THCS. FORD, - Plttston, JOHN B. SMITH & SON, - Plymouth. W. E. MULLIGAN. Wilke.Brre. PiifOEB. Mr. Charles Austin Bales, the famous advertising writer, makes a specialty of medical advertisements He has studied medicine and has a habit of analyzing the ingredients of every medicine about which he is asked to write, refusing to write advertisements for medicines which he can not indorse. Ik says of Ripans Tab tiles: " I had the formula and went through It from th ground up, I found that every one of the Ingredients xvas put in (or komc special purpose, and wa good for the purpose intended. I have as much confidence In F.ipanx Tabules as I have in any. thing I ever wrote about, I take them myself when I have eaten a little too much or feci nausra or symptoms of headache coming on, and I find them quicker to act jhan any medicine I ever took. You can feel their action in the stomach almost immediately j a very pleasant sensation. I know fame people who think they can't possibly get along without them. My wife went to call one day on some friends she had known always. She found they swore by Ripans Tabules. They did not know that she knew anything about them or that I had written anything for them." FIMLEI": Aoeiial ale f pram; Hosiery Our showltiK ot Fine Hosiery la the most attractive In years, and In addition to Btnple lines, Includes many oiiglnal and exclusive styles, not shown elsewhere. In fine "Iaco Stripes," "Drop Stitch," "Polka DotB" nnd "Em broidered," cither In solid colors or fancies, our line Is unsurpassed. Note the following specials: Good for this week. At 25c Per Pair. Polka Dots. Black, Blue and Ilcd: grounds, with xvhlto dot. Past Black, full regular made, with hlfjh spliced heel nnd double sole, also with white sole or whlto feet. At 35c a Pair, or 3 Pairs for $1,00. Extra fine Fast Black, white solo or xvhlto feet, and our reeular 6(V. line. Drop stitch Lisle in Black, new Reds and Purples, also In Laco Lisle. At 50c a Pair, Medium and liuht xvclsht In Cot ton and Lisle Thread. New colora In Lace effects. At 50c, 7Sc, $1.00, $1.25 up to $2. SO' A specially handsome line oi fancies both In Lisle Thread and Silk. r 100 dozen Fast Black xvlth white! sole, full regular made, our regular 25c. quality; during this sale, only 19c. At 25c, 35c and 50c. Special line of fancies, newest def slgns in Stripes, Dots and Lacti effects. 510-512 LACKAWANNA AVENUE The Neostyle Duplicator. eooeeo It will print 2,000 copie9 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 Engravers, Scranton, Pa. , Wei carry the lrgc-t line of office supplies In Xorlheaiterei Pennsylvania. K
Significant historical Pennsylvania newspapers