The age-herald., 1898-02-25
CORBETT CASE ARGUED IN SENATE Chaplain Recognized the Unsettled Con-
 diiOn in His Invocation. CIVIL APPROPRIATION BILL Occupied the Day in the House. Thirty
 Pages Disposed Of. PREPARING FOR CONTINGENCIES Made Manifest by Passage of Appropriation Bills for War-Like Purposes
 tine Question Argued With Appropriation Bill.
PREPARING FOR CONTINGENCIES

Washington, Feb. A.-At the opening of the session of the senate today the chap lain besought the Throne of Grace that in this momentous hour of our history the blessing of the Holy Spirit might be grant ed, and rest upon the president and vice. president of the United States, both branches of congress and all the people of the country. He prayed that the honor and dignity and rights of our country might be upheld.
 At the conclusion of the morning busi- ness the vice-president laid before the sen- ate the resolution of MT. Allen, which was laid over from yesterday. It provides for the appointment of five senators to make an inquiry Into the condition of affairs In Cuba, with view to bringing the war to a peaceful end.
 MT. Allen said that, being satisfied from the vote on his amendment yesterday that the fate of this resolution was quite well sealed he would withdraw it from further consideration of the senate.
 The Homestead Laws
 MT. Hansbrough of North Dakota called up the bill extending the homestead laws and providing for right of way for rail- roads in the district of Alaska
 Mr. Raw1ins of Utah objected to colsid- eration of the measure at this time, as 1t was a subject too important to be taken up hastily.
 MT. Hansbrough then moved that the bill be taken up, and MT. Rawlins demanded the yeas and nays. It was decided-46 to 9-to proceed with the measure. After brief, desultory discussion, MT. Hansbrough consented not to press the bill until MT. Spooner of Wisconsin had 11l. &1,0 aatf nGa Primary Power in Legislatures MT. Spooner made legal argument in fa- yor of the admission of Henry w. Corbett to the senate He said that as lawyer he felt that he himsef9had no higher or better right to seat than MT. Corbett. MT. Spooner said that the primary power | to fill seats in the senate from any state | was in the legislature, but that from the
 reading of the constitution it ought to be | remembered that this matter was one of | dispute in the constitutional convention. He 1 pointed out that the constitution provided | that each state should be the peer of every | state, not in population, not in wealth, not | in area, but in the number of votes in the | senate. While the constitution could not be amended by the action of two-thirds of l the states, 1t was expressly provided that no state could be deprived of representation | in the senate without it's consent. It was the purpose undoubtedly of the framers | of the constitution in placing in the gov ! ernor the power to make temporary ap- l pointment to safeguard the rights and in- | terests of the state, so that every state at all times might have full and complete | representation fin the senate.
 1 The Case of John Walker l An effective point was made by Mr. l Spocner when he cited the credentials of | John Walker of Virginia who was ap- | pointed to the senate on March 31, 1790 by | the governor of Virginia. This case--the | first gubernatorial appointment made to l the senate under the constitution Mir | Spooner said, was precisely similar to thai | now under consideration as MT. Walkers 1 credentials showed that the legislature ot
 Virginia had the opportunity to fill thu | vacancy then existing and had failed to 1 do so
 Just before the conclusion for the day o1
 MT. Spooner's remarks, MT. Bacon inquired | whether under all circumstances dn case: | of anticipatory vacancy the senator iron l Wisconsin (Spooner) held that the governor
 had right to make an appointment ire | spectiye of inaction or inability for any | reason of the legislature to elect.
 | MT. Spooner replied that MT. Bacon hat l correctly stated his position. MT. Bacor | then cited the hypothecal case of a legisa
 ture being influenced by the corrupt ust | of money not to elect in order that the gov
 ernor might make an appointment ant
 asked MT. Spooner if he would seat thu
 appointee of the governor.
 Certainly" replied MT. Spooner, "unles 1t could be clearly shown to the senate tha | the appointee was himself implicated il | the conspiracy and in the corrupt use O I money" 'st 1 MT Hansbrough then endeavored to ge
 before the senate the Alaskan homestead
 and railway riglIb of way bill. The sen
 ate was about t6 proceed with the bil | when Mr. Rawlins. of Utah, made the poin I of no quorum. A roll call developed tn,
 lack of a quorum and MT. Rawlins moved
 to adjourn Division was demanded and tn,
 senate adjourned at 4:35 p. m by a vcte O | F to IA.