The herald., 1898-02-04
IN THE SENATE
Corbett and Seed Distribution Occupy
the Time

WASHINGTON, Feb 3.-One of the
features of today's session of the SEN
ate was a speech by Caffery of Louisi-
ana in support of the resolution reported
by the committee on privileges and
elections, declaring that Henry w. Cor
bett is not entitled to seat in the SEN
ate from the state of Oregon. Mr. Cor
bett was appointed as senator by the
governor of Oregon after the failure of
the legislature to elect a successor to
senator Mitchell. Caffery maintained
that the governor of a state had no
authority to appoint or fill an original
vacancy-a vacancy beginning with a
new term-after the legislature had had
an opportunity to elect and had failed
The agricultural appropriation bill
was under consideration during the
greater part of the afternoon and finally
passed
A bill repeating an act granting Amer
lean register to the steamer Claribel and
others was reported and passed.
Mr.. Frye of Maine said that the act
had been passed under a misapprehen-
sion, as the vessels We're owned by Eng
lishmen.
Germany's order, prohibiting the i'm
portation of American fruits into that
empirt, called out a resolution from Mr..
Davis, chairman of the Committee on
Foreign Relations, calling upon the
President, if not incompatible with the
public interest, to transmit to the Senate
the correspondence and other informa-
ton bearing upon the matter in his pos
session, or in that of the State Depart
ment. The resolution was agreed to.
In accordance with notice given, Caf-
ferey of Louisiana called up informally
the report from the Committee on Priv
ilegeS and Elections, declaring the Hon.
Henry Corbett is not entitled to a seat
in the Senate from the State of Oregon.
Chandler of New Hampshire who has
Joined in minority report asserting the
right of Mr. Corbett to a seat in the SEN
ate, gave notice that he would call up
the case informally tomorrow and press
1t to vote as early a possible.
Caffery presented an extended legal
argument in support of the resolution
presented by the majority of the commit
tee on privileges and elections.
Caffery contended that the legislature
Of Oregon. which met in January, 1897.
was duly and properly organized under
the constitution of the state. In re-
sponse to an inquiry of Spooner as to
whether a legislature of Oregon might
be organized with such power as would
Enable it to elect "a senator, and yet, un-
Her the constitution, be unable to enact
law Caffery replied that in certain cir
tumstanCes such condition might arise.
If. however, said Caffery, "a ma
lority OF the legislature can pass law,
/ majority of the Legislature, under the
constitution Of Oregon, can so organize
rs to elect a United States senator That
IS the proposition upon which | stand"
CaTerys 5 contention was that a gov
ernor of state could not appoint to fill
In original vacancy vacancy begin
ping with a new term-and where the
legislature had an opportunity to elect
IND had failed to do so This point he
Imported by long list of precedents
tnd quotation from law He maintained
Ehat the constitutional authority of the
legislature could not be transferred to
the governor. He contended that the
Oregon legislature, by intrigue or other
wise, failed to elect, but that the senate
pf the United States could not place a
premium upon such dereliction of duty
IN the part Of a Legislature as would en-
tble the governor to appoint a favorite
If his to seat in the senate.
AT the conclusion Of Caffery's speech
Lindsay Of Kentucky gave notice that
tomorrow, at the conclusion of the
'outlne business, he would submit some
remarks upon a matter personally con-
.erning himself, and in which he thought
ihe senate would have some interest
Cul'om then called up the agricultural
appropriation bill. the reading of which
Eas concluded last evening. Pending
Ihe submission of certain amendments
10 the bill, Platt of Connecticut ex-