The Anaconda standard., 1898-02-25
SPOONER FOR CORBETT
Argues in Favor of Seating the
Man From Oregon.
THE RIGHT OF WAY BILL
Hanebrough Attempts to Get 1t Before
the Senate for Immediate Action.
Allen Withdraws His Resolu-
ton From Consideration

Washington. Feb. IA feature of the
senate's session to-day was the speech
of Mr. Spooner Of Wisconsin on the
right Of Henry W. Corbett TO seat in
the senate from Oregon under appoint
ment of the governor. Mr.. Spooner
made a constitutional argument in ia
vor of seating Mr.. Corbett. and had not
concluded when the senate adjourned.
An effort was made 10 obtain eonsid-
Grafton OF the Alaskan homestead and
railway right bill, but on par
liamentary technicality it went over.
The resolution offered yesterday by
Mr.. Allen OF Nebraska to appoint a COM
mittee of five senators to investigate the
Cuban situation was withdrawn by its
author when it was laid before the
senate.
At the opening session of the senate
the chaplain prayed that in this mo-
mentous hour of our history the bless
ing OF the Holy Spirit might rest upon
the president and vice president of the
United States, both branches of congress
and all the people of the country. He
prayed that the honor and dignity and
rights of our country might be upheld.
At the conclusion of the morning busi-
ness the vice president laid before the
senate Aliens resolution. which was laid
over from yesterday. Allen said that,
being satisfied from the vote on his
amendment yesterday that the fate OF
this resolution was quite well sealed, he
would withdraw it from further consid-
Grafton of the senate
Hansbrough called UP the bill ex-
tending the homestead laws and pro-
viding for right-ofWay for railroads in
the district of Alaska. Rawlins object
ed to the consideration of the measure
a this time, as ii was a subject too inn
brough then moved that the bill be
taken up and Rawlins demanded the
yeas and nays. 1t was decided To pro-
ceed with the measure. After brief
desultory discussion, Hansbrough con-
sented 70 not press the bill until Spooner
of Wisconsin had delivered his speech
on the Corbett case.
Spooner made a legal argument in
favor of tIs admission OF Henry w
Corbett TO the senate. He said that as
a lawyer he felt he had no higher or
better right to a seat in the senate than
Corbett. Mr.. Spooher said that the pri-
mary power to fill seats in the senate
from any state was in the legislature of
the state. but in the reading of the con-
stitution it ought To be remembered that
his very matter was one of dispute in
the constitutional convention. He pointed
out that the constitution provided that
each state should be the peer of every
OlneT state, not III DDpuidlloH, not Ill
wealth, not in area, but in the number
Of votes in the senate, While the con-
stitution could be amended by the ac-
ton of two-thirdS of the states. 1t was
expressly provided that no state could
be deprived of representation in the sem
ate without its consent. 1t was the pur-
pose. undoubtedly. of the trainers of the
constitution in placing in the governor
the power to make temporary appoint
ment, to safeguard the rights and inter-
ests Of the state So that every state at
all times might have full and complete
representation in the senate. An effect
i've point was made by Mr.. Speener
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 appointment made to the
senate under the constitution, MIR.
Spooner said. was precisely similar to
that now under consideration. as Mr..
Walkers credentials showed that the
legislature of Virginia had had oppor-
tunity TO fill the vacancy then existing
and had failed to do SO. The senate ac-
cepted Mr.. Walkers credentials and
seated him. Can it reasonably be held"
exclaimed Mr.. Spooner. that the dis
tinguished men then sitting in the senate
knew less of constitutional law than we
know now"
Just before the conclusion for the day
of Mr.. Spooner's remarks. Mr.. Bacon of
Georgia inquired whether, under all
circumstances in cases of anticipatnry
vacancy. the senator from Wisconsin
fSpooner) held that the governor had
right 10 make an appointment, ire
spective of the inaction or inability fer
any reason by the legislature to elect.
Mr.. Spooner replied that Mr.. Bacon
had stated his position. MIR. Bacon then
cited the hypothetical case of the legis-
lature being influenced by the corrupt
use of money not to elect in order that
the governor might make an appoint
would seat the appointee of the COVER
nor.
Certainly" replied Mr.. Spooner. ''un-
less it could be clearly shown t. the
senate thai the appointee was himself
implicated in the conspiracy and in the
corrupt use Of money
Mr.. Hansbrough then endeavorc1 To
get before the senate the Alaska hon,e-
stead and railway .ight-of- way hill. Mr..
Wilson of Washington said Yhementiy:
There Is no more Important bill an Ilia
calendar than this. IL is of ih. greatest
possible interest and importance to taoG-
sands Of pc 3ple in our \ 3rshweatern
states"
The senate was about Ia proceed with
the bill when Mr. k1Nlins af '+taa made
the point % no quorum. A .1ll call lie
yelopeG the laS'5 - a auOl unI and Mr.
Rawlins moved - adjourn. Division
was demanded AMI The sen3te Adjourned
at 4:S3 y. IN b. N.te of Il n II.
IN THE HOUSE.