Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-16
Arguments Heard by the Senate
Elections Committee.
VALIDITY OF GOVERNORS ACTION
Lively coIIoquy Between Senator
Penfose and Counsel.
POINTS ON BOTH SIDES

the subject of ex-senator Quay's right to
a seat in the Senate by virtue of an ap-
pointment by the governor after the leg
fslature had failed to elect. The committee
met a few minutes after 10 clock, Senator
Chandler presiding and Senators Pritchard,
Burrows, Harris, Turley, Pettus, Hoar and
McComas of the committee being present
Senator Penrose and number of
friends Of Mr.. Quay were also present.
Ex-senator Edmunds, Mr.. Hampton S.
Carson and George Wharton Pepper ap-
reared for the remonstrants and State At
torney General Eikins appeared in defense
of Mr.. Quay's right to a seat.
Mr.. w. j. Brenner appeared as repre-
sentative of the democrats entering re-
monstrance to Mr. Quay's appointment.
Mr. Elkins made the opening argument
being given an hour and a half to open
while Two hours were given to the remon-
strants, with another half hour for Mr.
Quay side at the close.
In Mr.. Quay's Behalf.
Mr.. Elkins said he appeared before the
committee the legal officer of the COM
monwealth of Pennsylvania. in appeal for
what they thought to be right, to the full
representation in the Senate. He stated
the fact of the expiration of Mr.. Quay's
term; the meeting of the legislature: its
duration and the circumstances attending
the failure to elect senator. He said that
Mr.. Quay was nominated BY the republican
members of the legislature and this was
made unanimous.
The time of adjournment of the legisla-
ture had been fixed in advance for the goth
of April, and on the arrival of that date
the Legislature was compelled to adjourn.
The legislature failed to elect, and on the
2ist of April. the legislature then having
adjourned, he governor appointed Mr..
Quay to fill he vacancy He was here, he
said, to sustain as well as he could the
proposition thar Pennsylvania was entitled
to full representation in the Senate. This
he expected 20 be able to do through the
reading of clause ., section 3, article l, of
the Constitution ard by the weight of au-
thority as to the proper Interpretation 10
be put upon the words by resignation or
otherwise which he eontended included
all vacancies occurring in any manner
ever.
By the recognized rules of construction
and line of precedent in the Supreme
Court of the United States and the supreme
courts of states he thought it could be
shown that the proper Interpretation to
put upon the provision for appointments to
fill vacancies was the right to fill the va
cancy temporarily at any time 1t might
exist in the absence of the legislature. He
must confess that the particular clause of
the Constitution under which this appoint
ment had been made had not been inter-
preted by the Supreme Court, but there had
the Interpretation that should be put upon
this clause
Opinions and Decisions Quoted.
He then quoted decisions and opinions Of
Attorneys General as to the Interpretation
of the words that may happen and the
constitutional provision for the filling of
offices by federal appointment during the
recess of the United States Senate. He
cited the opinion of Attorney General Writ,
Attorney General Taney aRd others on the
questions of federal executive appointments
to show that the Interpretation to be put
upon the words that may happen in the
provision OF federal vacancies that
may happen should be the, same
as if the phrase used had been
a recess of the Senate" He argued that
upon this theory of Interpretation an APP
p!cation of the line Of reasoning warranted
the construction being put upon the clause
of the Constitution relating TO filling va
cancies in the Senate that the right to Ill
vacancies that happened to exist during
the recess of the legislature by reason Of
or otherwise. regardless
had also existed during ses-
sion of the Legislature The word
happens" he said, had been interpreted
to mean happens to exist, ana ne
thought there could be no doubt that a
vacancy did happen to exist in the sena-
torship from Pennsylvania after the legis-
lature had adjourned.
Mr. Elkins argued that it was clearly the
intention of the trainers of the Constitu-
ton to provide against the continuance or
vacancies in the United States Senate, and
that it was for this purpose that provision
was made for appointments by the gov
ernor of the state when a vacancy occurred
during the .ecess of the state legislature.
He asked what possible difference could 1t
make to the people Of great common
wealth how the vacancy had occurred.
Some Questions Asked.
Mr. Turley interrupted Mr.. Elkins to ask
If he would hold that the governor of Penn
sylvania could again fill the vacancy If the
next legislature should fail to elect a SEN
ator.
Mr.. Elkins said he did hold that the gov
ernor could, under that circumstance,
make an appointment again to fill the new
vacancy.
Senator Burrows asked if, in the case of
a new state admitted to the Union not hav
ing yet had meeting of the legislature or
the legislature having failed to elect one or
both of the senators, it was the opinion of
Mr.. Elkins that the governor of the new
state could fill the vacancy by appointment.
Mr.. Elkins said he so held.
In reference to the analogy assumed by
Mr.. Elkins betweensthe filing of vacancies
by the President and federal offices occur
ring during recess of the Senate, Senator
Pettus asked If there was not this distinc-
ticu petWeeH tHe governors HilfnS vacancies
in the Senate and the filling Of vacancy
in an executive office by zthe President.
that in the latter ease the executive was
the sole appointing power at all times while
the legislature was endowed with the
power to select senators.
Mr.. Elkins said that of course there were
always distinctions, but thatShe did not
think that this distinctions injured his ap-
plication OF the principle.
Mr.. Elkins argued that the manner and
circumstances unCer which the vacancy oc-
CURED did not effect the &oyernors right
to make an appointment He said that in
the history OF the Senate there had been
1856 vacancies in the Senate filed by ap-
pointment ;.of state, executives OF these
vacancies "a were by reason of resignation.
g. by reason of death, by reason of ex-
pulsion, by reason of refusal to serve and
by reason of holding other Office. Twenty
vacancies were by reason of expiration of
term and non-election by legislature, and
of these 20 IA had been given their seats
under governors appointment, while 6. had
been denied the seaks
At the conclusion of Mr.. Elkins' arp,,-
ment the committee took five-minute
recess.
Argument in Remonstrance.
On their reassembling Mr.. Hamilton L.
Continued on se2ond PageJ