Nye

After several days of debate, the Senate came to a vote. The question was whether from now until next June there should be 96 Senators or 95.

Last summer Senator Ladd of North Dakota, one of the prominent insurgents and followers of LaFollette, suddenly died. The Governor of North Dakota decided 1) to call a special election for Senator next June, and 2) to appoint Gerald P. Nye, 33 years old, editor of the Non-Partisan League newspaper, to serve until the new Senator is elected (TIME, Nov. 23).

The Legal Point. In adopting (in 1913) the 17th Amendment to the Constitution (popular election of senators), it was provided that Governors shall have the power to fill Senate vacancies by appointment, provided their legislatures give them that power. All but two legislatures have specifically done so. One of the two is the legislature of Kansas, the other of North Dakota. The North Dakota legislature has however passed a law empowering the Governor to fill vacancies in state offices.

The Argument. The sole question at issue was the legal one: "Is a U.S. Senator a state officer?" The Committee on Elections, headed by Senator Goff of West Virginia, decided "No." A minority report was made by a Democrat, Senator Stephens of Mississippi, saying "Yes." A Senator is paid by the Federal government but chosen by the state. Whose officer is he? Some Senators declared it would be unfair to deprive a state of its full representation because of a legal technicality.

Motives. Most of the regular Republicans voted not to seat Mr. Nye. A small group of Democrats, a group which it was estimated are inclined to adhere closely to their legal opinions, did likewise. The bulk of the Democrats, the Insurgent Republicans and Progressives voted to seat Mr. Nye. There was much said about the real motives as distinct from the arguments openly advanced. It was said: 1) that the regular Republicans did not want another insurgent to disturb the narrow Republican margin of control; 2) that most of the Democrats wanted Mr. Nye for that very reason; 3) that the insurgents wanted one more in their group; 4) that many otherwise regular Republicans from states where there is some radicalism were afraid to vote against Mr. Nye for fear of the effect on their constituents; 5) that the opponents of the World Court wanted Mr. Nye because he also is opposed to the Court; 6) that Mr. Nye gained a few adherents because of his stand on other contested election cases Follette. So did the entire Farmer-Labor party ated. The galleries applauded. Mr. Dawes did not reprimand them.

Then Senator Frazier of North Dakota rose, said that Mr. Nye was at hand, asked that he be sworn in. Solemnly the old Senator led the new one down the aisle. An oath was sworn.

The Man. He is young (33) and lean, and looks like a newspaperman, which he is as not the impressive front of a politician