The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-17
FIGHT FOR SEAT (,
IN THE SENATE
Investigation Of Quay's Case
BY Committee.
BIG ARRAY OF LEGAL
TALENT WAS ON HAND
Argument On Right of Governor TO
Appoint.
Former Senator Edmunds Taking
Leading Part In the Opposition to
the Seating of the Pennsylvania
Man-Attorney General of the
State Claims That the Appoint
ment Was Proper and That Quay
Should Be Accepted.
Argument On Right of Governor to
Appoint.


ton Of the right of former Senator
Quay. of Pennsylvania, to a seat in
the senate by appointment of the gov
ernor of Pennsylvania, was begun to-
day by the senate committee on privi-
leges and elections, The hearing today
was purely a legal argument on the
right of the governor to make the ap-
pcintment in the circumstances which
arose in the case of Mr.. Quay-a ques-
ton which probably has been threshed
over by the senate in other cases
Hon. John p. Elkin, attorney general
of Pennsylvania, stated that he would
address the committee on behalf of the
commonwealth of Pennsylvania. Form
err Senator Edmunds announced he
would appear for those who remon-
strated against the seating of Mr..
Quay. and that he had as coadjutors
Hampton L. Carson and George Whar-
ton Pepper W. Y. Brennan, an at
torney of Pittsburg. announced his,
appearance for the Democratic mem
bers of the Pennsylvania legislature
an6 that he had also associated with
him James A. Stranahan-
Entitled to Full Representation.
In the course of his opening argu-
ment, Mr.. Elkin contended that a
sovereign state was at all times en-
titled to Misrepresentation in the SEN
ate according to the spirit and letter of
the constitution. The intention of the
trainers of the constitution was TO keep
the representation of each state COM
plete and he maintained that the gov
ernor having authority to appoint d
senator to fill a vacancy caused by
death, resignation, disqualification or
expulsion, had also full power TO ap-
point in the event the legislature failed
of it's duty to elect He held that the
failure of the legislature to perform its
duty ought not and could not operate
to the states disadvantage in the. SEN
ate.
Attorney General Elkin was followed
by Hampton L. Carson. AS he was
about to begin his argument Senator
Penrose of Pennsylvania, Interrupted
to inquire:
do you not appear here as the paid
attorney of John Wanamaker?"
Not In Pay of Wanamaker.
Mr.. Carson replied that he did not
appear in the pay of Mr.. Wanamaker
or in that of any body else.
Former Senator Edmunds then
seized the opportunity to disclaim for
himself any connection with Mr.. Wanna
maker in the case.
Mr.. Carson presented an elaborate
argument against the
seating of Mr.. Quay. He maintained
it was important that each states
should be kept full, but
ne regarded it as equally important
that the senators from the several
states should be selected properly and
II. cordance with the constitution.
He doubted the desirability of accord
ing to the state executive such author
lty as was exercised by the governor of
in this case to appoint
to the senate whom he might
choose.
He urged the committee and the SEN
ate in considering the case in hand To
follow the we'll established precedents
Of the senate in not recognizing the
right of the governor to appoint where
an opportunity had been afforded the
legislature to elect which it had not
Governor Is Accused.
Mr.. Carson concluded his arguments
g.ith the declaration that the legislst-
Iure of Pennsylvania had actually been
prevented from performing it's duty OF
slecting a senator Ky the governor OF
the state and that i,Awas the first time
in the history of Pennsylvania that the
power of the executive had been exer-
cised in that manner.
Former Senator Edmunds followed
Mr. Carson, celebrating some of the
legal and constitutional points made
by his colleague He declared the
TO make appointments was
being trenched upon the
executive power not only of the states
but of the nation itself.
The president was exercising such .
power by making recess appointments
Of men who previously had been re-
Iected by the senate. This, he regarded
as dangerous and urged the senate to
take a firm stand against such usurpa-
ton of power as protection to itself.
Mr. EdmunGs maintained that the
racancy having occurred during the
session of the legislature and that
after the vacancy had occurred the
legislature had endeavoresl but failed
10 elect. the governor was barred from
exercising his constitutional right 10
appoint. He contended that the case
If Mr.. Quay did not fall within the
authority conferred upon a governor TO
ill a vacancy in the states represea-
-ation in the senate
Attorney General Eikin closed the
hearing with an argument in rebuttal
IF the statements and arguments ad-
sanced by Mr.. Edmurds and Mr. Car
son. In conclusion Mr.. Elkin held that
he Judgment of the governor as to the
falling of an extra session of the leg's-
allure which had failed to elect SEN
,tor. was final and conclusive and that
Ne therefore had full authority to exer-
.ise his constitutional right TO appoint
II order that the states representation
should be complete.
Filipino Actors Stranded.