The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-02-04
AGRICULTURAL BILL PASSED
By the Senate and the COrbett Claim
Debated.

By the Senate and the COrbett Claim
Debated.
Washington, Feb. 3.-One of the features
of today's session of the senate was a
speech by Mr.. Caffery of Louisiana in
support of the resolution reported by the
committee on privileges and elections, de-
clarng that Henry w. Corbett is not en-
titled to a seat in the senate from the
state of Oregon. Mr.. Corbett was ap-
pointed as senator by the governor OF
Oregon after the failure Of the legislature
to elect a senator to succeed Senator
Mitchell Mr.. Caffery maintained that the
governor of a state had no authority to
appoint to fill an original vacancy-a va
cancy beginning with a new term-after
the legislature had had an opportunity to
elect, and had failed to do so. The agri-
cultural appropriation bill was under con-
sideration during the greater part of the
afternoon, and was finally passed. After
a brief executive session the senate ad-
journed.
Washington, Feb. 3-In his invocation
at the opening of the senate today the
chaplain made a fervent appeal for the
restoration to health of the senior sena-
tor from Mississippi, Mr.. Walthall.
A bill repeating an act granting Ameri-
can register to the steamers Claribel and
others was reported and passed. Mr..
Frye NIaine) said that the asst had been
passed under a nisapprehension, as the
vessels were owned by Englishmen.
Germanys order prohibiting the impor-
}aAi Of Fruit inf pr11
pire called out a resolution from Mr. Da-
Wis (Minn), chairman of the committee
on foreign relations. calling on the presi-
dent. if not incompatible with the pub
lie interest to transmit to the senate the
correspondence and other information
bearing upon the matter in his posses
sion or in that of the state department.
The resolution was agreed to.
MR.. CORBETT'S CASE.
In accordance with notice previously
given. Mr.. Cafery Qa-) called up infor-
mally the resolution reported from the
committee OF privileges and elections de-
claring that Hon. Henry w. Corbett is
not entitled to a seat in the senate from
the state of Oregon.
Mr.. Chandler of New Hampshire, who
has joined in a minority report asserting
the right of Mr. Corbett 20 a seat in the
senate, gave notice that he would call up
the case informally tomorrow, and press
it TO a vote as early as possible. Mr..
Caffery presented an extended legal ar
gument in support of the resolution pre-
scented by the majority of the committee
on privileges and elections.
haT he ge1o
ture of Oregon. which met in January,
1897. was duly and properly organized I'M
der the constitution of the state. In re-
Spouse to an inquiry of Mr.. Spooner as
to whether a legislature of Oregon might
be organized with such power as would
enable it to elect senator. and yet IN
der the constitution. be unable to pass a
law. Mr.. Csffery replied that in certain
circumstances such condition might
arise
IF. however" said Mr.. Caffery, "a
majority Of the legislature cannot pass
laws, a majority of the legislature. under
ize as TO elect United States senator.
That is the proposition upon which I
stand
Mr.. Caffery's contention was that q
governor of a state could not appoint to
fill an original vacancy-a vacancy be-
ginning with a new term-especiauy when
the legislature had an opportunity TO
eject and had failed to do so. This point
he supported by a long list of precedents
and quotations from law. He maintained
that the constitutional authority of the
legislature could not he transferred to
the governor. He centended that the
Oregon legislature by intrigue or other
wise. failed to elect: but that the senate
Of the United States could not place a
premium upon such dereHction of duty
on the part OF a legislature as would en-
able the governor 10 appoint a favorite
of his to seat in the senate.
At the conclusion OF Mr.. Caffery's
speech. Mr.. Lindsay OF Kentucky gave
notice that tomorrow. at the conclusion
OF the routine business he would submit
some remarks upon matter personally
concerning himself and il which he
thought the senate would have some in
terest.
GARDEN SEEDS
Mr.. Cullom then called up the agricul-
tural appropriation bin. the reading Of
which was concluded last evening. Pend
ing the submission Of certain amendments
to the bin. Mr.. Platt Of Connecticut ex-
pressed his regret that the committee had
not stricken from the hill the appropria-
ton for the purchase and distribution OF
seeds. He read a letter from a number
Of members Of Connecticut grange in
which the statement was made that the
seeds sent out by the agricultural DEPART
ment were no good. could not be depended
upon, and were Of no use to the farmers
or gardeners.
In rply 70 Mr.. Platt's brief statement.
Mr. Allen thought that the chief opposi-
ton 10 the governments distribution of
seeds came from those who themselves
had seeds for sale.
Mr.. Bacon OF Georgia thought there
ought 10 be a reform in the matter o,
the distribution OF seeds. He believed