The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-25

ness the Vice President laid before the Sen
ate the resolution of Mr. Allen, or
Nebraska which was laid over from yes
terday. 1t provides for the appointment or
five senators TO make an inquiry into the
condition OF affairs in Cuba. with view
TO bringing the war to a peacefuI end. MI
Allen said that being satisfied from the
vote on his amendment yesterday that the
fate of this resolution was sealed ne
would withdraw II from further considera-
ton of the Senate.
Mr.. Hansbrough 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.. Raw
Inns objected to consideration of the meas
at this time, as it was a subject too
important to be taken up hastily. Mr.
Hansbrough then moved that the bill be
taken up and Mr.. Rawlins demanded the
yeas and nays. 1t was decided 46 to TO
proceed with the measure.
After brief desultory discussion, Mr;
Hansbrough consented not to press the bill
until Mr.. Spooner had delivered speech on
the Corbctt case
Mr.. Spooner made legal argument in
favor of the admission of Henry w. Cor
bett to the Senate. He said that as a law
yer he felt that he himself had no higher
or better right to a seat in the Senate than
power to fill seats in the Senate from any
State was in the Legislature of the State,
put IN the reading OF the Constitution 1t
ought to be remembered that this very mat
ter was one of dispute in the constitutional
convention He pointed OUT that the Con-
Stituti0n provided that each State should
ulation, not in wealth. not in area, but in
the number of votes in the Senate. While
the Constitution could be amended by the
action of two-thirds of the States it was
expressly provided that State could be
deprived of representation III the Senate
without It's consent 1t was the purpose
undoubtedly of the trainers of the Consti-
tuition, in placing in the Governor the power
to make temporary appointments. to safe
guard rights and interests that every
State, at all times, might have full and
complete representation in the Senate. An
effective point was made by Mr.. Spooner
when he cited the credentials of John
Walker, of Virginia, who was appointed to
the Senate or March 81, 1890, by the Gov
ernor of Virginia. This case the first GU
bernatorial appointment made to the Sem
ate under the Constitution, Mr.. Spooner
said, was precisely similar 10 that now un>
der consideration, as Mr.. Walkers creden-
tials showed that the Legislature of Vir-
ginla had mad opportunity to fill the va
cancy then existing and had failed to do so.
The Senate accepted Mr.. Walkers creden-
tials and seated him. Can it reasonably
be held exclaimed Mr. Spooner, chat the
distinguished men then sitting in the SEN
ate knew less of constitutional law than We
know now?''
Just before the conclusion for the day of
Mr.. Srooners remarks Mr.. Bacon inquired
whether. under all circumstances in cases
or antlcipatory vacancy, the senator from
Wisconsin (Mr SpoOner) held that the Gov
ernor had right to make an appointment,
irrespective of the inaction or inability for
any reason of the Legislature TO elect.
Mr.. Spooner replied that Mr.. Bacon had
correctly stated his position.
Mr.. Bacon then cited the hypothetical
case of a legislature being Influenced by
the corrupt. use of money not to elect in
order that the Governor might make APP
pointment and asked Mr.. Spooner if he
would seat the appCintee of the Governor.
Certainly replied Mr.. Spooner, unless
II could be clearly shown to the Senate that
the appointee was himself implicated in the
conspiracy and in the corrupt use of
money"
Mr.. Hansbrough then endeavored to get
before the Senate the Alaskan homestead
and railway right-of-way bill. Mr.. Wilson
said, vehemently There is no more i'm
portant bill on the calendar than this 1t
is of the greatest possible interest and inn
portance to thousands of people in our
Northwestern States"
The Senate was about to proceed with the
bill, when Mr.. Rawlins made the point OF
no quorum. roll call developed the lack
OF q quorum and Mr.. Rawlins moyed to adj
Journ. Division was demanded and the
Senate adjourned at 4:35 p. by vote of
II to "a.