Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1898-02-25
cORBETT DEFENDED.
Not the "Pompadour Jim," but
the "Senator.Appoint"
from Oregon.
sPooHER MAKEsAsTRoHG PLEA,

Developing New Points in the Argument
for Seating . Senator Whose Title Ii
Such - CoTbetts-Draws on the History
81 tie Constitution Tor Foundation for
He Position-llousc Forgets Itself aud
Attends Strictly to Business.
Washington, Feb. ga feature of
the senate session yesterday was the
speech Of Spconef Of Wisconsin on the
right Of Henry W. Corbett to a seat in
the senate from Oregon under appoint
ment from the governor. Spooner
made n constitutional argument in ia
Sor Of seating Corbctt. and had not con-
cluced when the senate adjourned An
effort vas made to obtain considera-
ton of the Alaskan homestead and
railway RICH; Of way bill, but on a par
iiamentary technioality 1t went over.
The resolution offered Wednesday By
Alien 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 was withdrawn by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.
Discussion Of the Corbet Case.
In discussing the Corbett case Spoon
er said that the primary power to fill
seats IN the senate from any state was
In the legislature Of the state. but in
the reading Of the constitution it ought
to be remembered that this very matter
was one OF dispute in the constitution
al convention. He pointed out that the
constitution provided that each state
should be the peer Of every other state
mot in population, not in wealth. not
in area, but in number Of votes in the
senate. While the constitution could be
amended by the action Of two-thirds OF
the states, Ii was expressly provided
that no state should be deprived of rep
resentation in the senate without its
consent. II was the purpose. undoubt-
edly. OF the trainers of the constitution
In placing In the governors the power
TO make Temporary appointments, to
safeguard the rights and interests of
the states so that every state at all
times might have full and complete rep
resentation in the senate.
Makes an Elective Point
An effective point was made by
Spooner when he cited the credentials
OF John Walker, Of Virginia, who was
appointed to the senate on March 81,
1870, by the governor OF Virginia. This
case-the first gubernatorial appoint
ment made TO the senate under the con-
stitution-Spooner said was precisely
similar to that now under considera-
non. as Walkers credentials showed
that the legislature of Virginia had had
an opportunity to fill the vacancy then
existing. and had failed to do so. The
senate accepted Walkers credentials
and seated him. Can il reasonably be
held. exclaimed Spooner. that the dis
tinguished men then sitting in the SEN
ate knew less of constitutional law
than we know now?"
Puts . Hypothetical Case.
Just before the conclusion for the day
Of Spooner's remarks Bacon of Georgia
inquired whether under all circum-
stances, IN cases of antieipatory va
cancy, Srooner held that the governor
mad right tn make an appointment ir-
respective Of the inaction or inability
for any reason of the legislature to
elect. Spooner replied that Bacon had
correctly stated his position. Bacon
then ctef the hypothetical case Of a
legislature being influenced by the cor
rupt use OF money not to elect in order
that the governor might make an ap-
pointment. ard asked Spooner IL he
would seat the appointee Of the COVER
nor. Certainly" replied Spooner, "un-
less IL could be clearly shown to the
senate that the appointee was himself
implicated in the conspiracy and in the
corrupt use of money"
House Attended TO business
Washington. FEB. 25.-Tae house de-
voted itself strictly to business yester-
day and disposed of thirty additional
pages Of the sundry civil appropriation
bin. The fact that the government is
preparing for contingencies was rec
ognized In the house when Cannon, who
has been laboring 10 keep down appro-
priations. accepted without a word of
protest an amendment to increase the
appropriation to care for the unused
machinery at the Springfield arsenal.
BlG RAILWAY CASE on HAND,