Word: dakotas
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Dates: during 1920-1929
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...Affirmed the right of Gerald P. Nye to be a Senator as appointed by the Governor of North Dakota, by vote...
...Discussed whether or not Gerald P. Nye, appointed to the Senate by the Governor of North Dakota, was legally entitled to be seated...
...State and district offices" shall be filled by the executive, says a law of North Dakota. Accordingly the governor of that state, to fill a vacancy in the Senate, appointed Gerald P. Nye as Senator, although North Dakota statutes do not ordinarily mean Congressional offices by the term "State . . . offices." Worst of all the governor did not consult his legislature, as the Federal Constitution provides, in making the appointment...
...case of Gerald P. Nye, appointed by the Governor of North Dakota, the overt phase of the case is legal, not political. It is before a committee on privileges and elections headed by Senator Goff of West Virginia. Mr. Nye was appointed to fill the vacancy caused by the death of Senator Ladd. The Governor has the power by state law to fill by appointment temporary vacancies in state offices. Is a U. S. Senator a state officer? Senator Goff thinks not. The matter will have to be thrashed out on the floor of the Senate. Mr. Nye is reckoned...
...complicated because there are doubts as to the legality of his appointment. The regular Republicans are inclined to treat him much as they expect to treat Mr. LaFollette. But the legality of his appointment hangs on the question of whether a state law empowering the Governor of North Dakota to appoint state officers until the next election is applicable. Is a U.S. Senator a state officer? There is a decision of the U. S. Supreme Court which pretty well establishes that a U. S. Senator is a state officer, but in a case similar...