The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-02-04
The Case Of Henry W. Corhett De-
bated in the Senate.
caffeTy Maintains That the Governor Had
No Authority to Appoint.
The Major Portion of the Time in
the House Consumed in the
Discussion of Political Topics,
the Existence of Prosperity in
the Country Being the Main
Question in Dispute.


Question in Dispute.
WASHINGTON, Feb. 3.-One of the
features of to-day's session of the Sen
ate was a speech by Caffery of Louisi-
ana in support of the resolution report
ed by the Committee on Privileges and
Elections declaring that Henry w. Cor
bett is not entitled TO a seat in the
Senate from the State of Oregon. Mr..
Corbett was appointed as Senator by
the Governor of Oregon after the fail
ure of the Legislature to elect a Sena-
tor to succeed Mr.. Mitchell. Canery
maintained that the Governor of
State no authority to appoint or fill an
original vacancy-a vacancy beginning
with new term-after the Legislature
had had an opportunity to elect and
had failed to do so. The agricultural
appropriation bill was under consider
alton during the greater part of tie
afternoon, and finally passed.
In his invocation at the opening CT
the Senate to-day the Chaplain made
a fervent appeal for the restoration To
health of the senior Senator from Mis-
sissippi, Mr.. Walthall.
A bill repeating an Act granting
American register to the steamer Clar-
ibef and others was reported and pass
ed
Frye of Maine said that the Act had
been passed under Misrepresentation,
as the vessels were owned by English
me
3fsy's order prohibiting the inn
90 of American fruits into that
Iml called out a resolution from
Davis of Minnesota, Chairman of the
Committee on Foreign Relations, cali
Ing upon the President, if not incon.-
pauble with the public interest, to
transmit to the Senate the correspond
ence and other Information bearing
upon the matter in his possession or in
in that of the State Department. The
resolution was agreed to.
In accordance with notice given
Caffery of Louisiana called UP inforin-
ally the resolution reported from the
Committee on Privileges and Elections
declaring that Hon. Henry w Corbett
is not entitled to a seat in the Senate
from the State of Oregon.
Chandler of New Hampshire, who has
joined in a minority report asserting
the right Of Mr.. Corbett to a seat in
the Senate, gave notice that he would
call up the case Informally tomorrow
and press it to a vote as early as pos-
sible.
Cahery presented an extended legal
argument in support Of the resolution
presented by the majority of the Com
mittee on Privileges and Elections.
Caffary commended that the Lesisla-
ftlte af |. iol,
1897, was duly and properly organized
under the Constitution of the STATE.
In response to an inquiry of Spooner
as to whether a Legislature of Oregon
might DE organized with such power as
would enable it to elect a Senator, and
yet under the Constitution be unable
to enact law, Caffery replied that in
certain circumstances such condition
might arise. If, however" said CAT
lery, majority of the Legislature
can pass a law, majority of the Leg
islatuce, under the Constitution of Ore
gon, can so organize as to elect a
United States Senator. That is The
proposition upon which I stand
Caffery's contention was that a Gov
ernor OF a State could not appoint 10
fill an original vacancy-a vacancy be-
ginning with new term-and where
the Legislature had an opportunity 70
elect and had failed to do so. This
point he supported by long list Of pro
cedalts and quotations from law. He
maintained that constitutional author
ity of the Legislature could not 10
transferred to the Governor. He con-
| tended that the Oregon Legislature nv
| intrigue, or otherwise, failed IN alact
I
| but that the Senate Of the United
! States could not place a premium nnon
such dereliction of duty. on the mart
! of a Legislature as would enable ,ha
Governor to appoint favorite of his
to seat in the Senate.
At the conclusion of Cafferv,s snaecb
Lindsay Of Kentucky gave notice that
tomorrow, at the conclusion of the ron
tine business, he would submit same 20
marks upon matter personally con-
corning himself, and in which he tboueht
the Senate would have some interest
Cullom then called up the agricult-
ural appropriation BILL the reading of
which was concluded last evening.
Pending the submission of certain
amendments to the bill. Platt of C,onnac-
ticut expressed his regret that the conn
niittee had not stricken from the hin the
appropriation for the purchase and die
tribution Of seeds. He read a lettar
from number of members of a Connec-
ticut Grange, in which the statement
was made that the seeds sent out by the
Agricultural Department were not good
could not be depended upon. and wer,.
of no use to the farmers or gardeners
In reply TO Platt's brief statement
Allen thought that the chief opposition
to the Governments distribution of
seeds came from those who themselves
had seeds for sale
Bacon Of Georgia thought there ought
to be reformed distribution of seeds.
He believed the department. ought TO
purchase seeds for distribution from
persons who We're known to raise or
produce seeds of value In many in
stances the seeds purchased We're neither
valuable. nor rare.
THAT is the unmi;igated humbug of
the whole thing" interjected Plat of
Connecticut
The amendment to the agricultural bill
offered by Warren, providing for a di-
vision of irrigation and reclamation of
arid lands. for the investigation of meth
DDS of constructing irrigation canals
and of storing and distributing water in