The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-04
Governor Has No Right to the
Legislatures Authority.
To Recognize the Appointee Would
De 10 Place a Premium on Derc-
hction of Duty-ChandIer Today
Will speak for the Minority Rc~o-
respondence With Germany in
Reference to Exclusion of Ameri-
can Fruits-Cons Grafton OF the
Agricultural Appropriation Hill.

WASHINGTON. Feb. s.-one OF the
features of today's session of the senate
was the speech by Caffe-y of Louisiana, IN
support OF the resolution reported by the
committee on privileges and elections. de-
claring that Henry ". Corbett is not en-
titled TO seat in the senate from Oregon.
Corbett was appointed by the governor
of Oregon after the failure Of the leyisla-
ture to elect, to succeed Mitchell.
Caffery called up the resolution informal
ly. He contended that the legislature OF Or
egon. which met in January, 1891, was duly
and properly organized under the constitu-
ton OF the state. In response to an in
quiry OF Spooner as 10 whether a legisla-
ture OF Oregon might be organized with
such power as would enable ii TO elect
senator. and yet under the constitution not
be able TO enact a law. Caffery replied that
in certain circumstances such conditions
might arise.
III however" said Caffery. "a majority
OF the legislature can pass a law a major
ity of the legislature under the constitu-
tion OF Oregon can so organize as TO elect
a senator. That Is the proposition on
which l stand
Caffery's contention was that the gov
ernor OF n state could not appoint to Ill
an original vacancy--a vacancy beginning
with new term-where the legislature had
an opportunity TO elect and had failed TO
do SO. This point he supported by long
list OF preeedents and quotations from law.
He maintained that the constitutional
authority Of the legislature could not be
transferred 10 the governor. lie consended
that the Oregon legislature by intrigue or
otherwise failed to elect. but that the SEN
ate of the United States could not place
premium on such derelic;ion Of duty on
the part OF legislature would enable
the governor TO appoint favorite OF his
20 a seat In the senate.
Chandler OF New Hampshire who joined
In a minority report asserting the right OF
Corbett to q seat in the senate. gave notice
that he would call up the case Informally
tomorrow and press II to a vote.as early sz
possible.
Lindsay of Kentucky gave notice that
business ne would submit some remarks
upon a matter personally concerning HIM
self In which he thought the senate would
have some interest.
The bill repeating the act granting an
American registry to the steamer ClarlbeI
and Others was reported and passed. Frye
said the act had been passed under mis-
apprehension as the vessels were owned
by Englishmen.
Gefmany's order prohibiting the impor-
tatIon Of American fruits called out reso-
Mtioa from Davis. chairman Of the COM
rnlttee or foreign relations. calling on the
president. Il not Incompatible with the
public interest. 70 transmit to the senate
the correspondence and other information
bearing upon the matter. in his possession.
The resolution was agreed to
Cuuon called up the agricultural apqro-
priatlon bin. the readiag o. which vas
concluded last evening
Pending the submission az certain atucns-
rlents 70 the bill. PLATE CT Connecticut ex-
pressed his regret that the senate had not
stricken from the bill the appropriation
for the purchase ana distribution of seeds.
He read a letter from number Of uea-
ters of a Connecticut grange n which
the statement was n,ade that the seeds
sent out IS the agricultural department
were not good. could not De depended on
and we're OF no use 10 the farmers or gar
dsnsrs.
IN reply 70 P!atts statement. Allen
thoaght that the chief opposition to the
governments distribution % seeds came
from those wao themselves had seeds for
sale.
Bacon OF Georgia thought there oaght 70
~ a reform In the distribution of seeds-
He believed the department ought % pnr-
chase seeds fro-n persons who knew how 20
produce seeds of value. In many Instances
the seeds purchased weve neither valuable
nor rare
That Is the unnsitgsa;ea hu7aaug of the
wsole thing" interlected Piatt of Con-
Tecticut.
Tns aassndsnent 20 the agricultural bill
offered ~ Warren. providing for an in
vestlgatlon of the methods o. ceustruciiag
rrgation canals ard & Storing and dis
trlbutiag water II fae reclamation % arid
lands. the whole 70 cos: Sg1ao was dis
cursed briefly by rs aptnor. an1 by Stew