The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-02-25
Arguments Brought Out In the
Corbett Case From Oregon.
THE HOMESTEAD LAWS
HASTY DISCUSSION PREVENTED
BY SENATOR RAWLINs.
Senator Allen Withdrew His Resolu-
ton Fer appointment of Sena-
torial Committee to Go to Cuba
Effective Point Made By spooner
By Citing Precedent.

J washington, feD. z4.-AI the cOnclu-
sion of the morning business in the
senate the vice president laid before
the senate the resolution of Mr.. Allen
which was laid over from yesterday. 1t
provides for the appointment of five
senators to make an inquiry into the
condition of affairs in Cuba with a view
/ to bringing the war to a peaceful end.
Mr.. Allen said that, being satisfied that
| from the vote on his amendment yes
| terday the fate of this resolution was
quite we'll sealed, he would withdraw
| it from further consideration of the
senate.
TOO IMPORTANT FOR HASTE.
Mr. Hansbrough of North Dakota
called up The bill extending the home
stead laws and providing for right of
way for railroads in the district of
Alaska.
Mr. Rawlins of Utah objected to con-
sideration Of the measure 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 de-
manded the yeas and nays. 1t was
decided, 46 to 8, to proceed with the
measure.
After brief desultory discussion Mr..
Hansbrough consented to not press the
bill until Mr.. Spooner of Wisconsin had
delivered a speech on the Corbett case.
CORBETT CASE.
Mr. Spooner made a legal argument
in favor of the admission of Henry w.
Corbett to the senate. He said that as
a lawyer he felt that he himself had no
higher or better right to a seat in the
senate than Mr.. Ccrbett.
An effective point was made by Mr..
Spooner when he cited the credentials
of John Walker of Virginia, who was
appointed to the senate on March 81,
1890, by the governor of Virginia This
case-the first gubernatorIal appoint
ment made to the senate under the con-
stitution, Mr.. Spooner said, was pre-
cisely similar to that now under con-
sideration. as Mr. Walkers credentials
showed that the legislature of Virginia
had had opportunity to fill the va
cancy then existing and had failed to
do so.
The senate accepted Mr.. Walkers ere
dentials and seated him. Can it rea-
sonably be held" exclaimed Mr.. Spoon
er. that the distinguished men then
sitting in the senate knew less of con-
stitutional law than we know now?"
HYPOTHETICAL CASE.
Just before the conclusion of
Mr.. Spooner's remarks, Mr.. Bacon
(Ga.) inquired whether, under all cir
cumstances, in cases of anticipatory
vacancy, the senator from Wisconsin
(SpOoner) held that the governor had
a right to make an appointment, irres-
pective of the inaction or inability for
any reason of the legislature to elect.
Mr.. SpoonerSreplied that Mr.. Bacon
had correctly stated his position. Mr..
Bacon then cited the hypothetical case
of the legislature being influenced by
the corrupt use of money not to elect,
in order that the governor might make
an appointment, and asked Mir. Spooner
if he would seat the appointee of the
governor.
Certainly replied Mr.. Spooner, "un-
less 1t could be clearly shown to the
senate that the appointee was himself
implicated in the conspiracy, and in the
corrupt use of money
NO QUORUM.
Nj. Hansbrough then endeavored to
get before the senate the Alaska home
stead and railway right of way bill.
Mr.. Wilson (Wash.) said, vehem-
entity: There is no more important bill
on the calendar than this. 1t is of the
greatest possible interest and import
ance to thousands of people in our
northwestern states"
The senate was about to proceed with
the bill when Mr.. Rawlins (Utah) made
the point of no quorum. A roll call de-
veloped the lack of a quorum, and Mr..
Rawlins moved to adjourn. Division
was demanded, and the senate adjourn
ed, at 4:35 p. m, by a vote of II to IA.