The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-11


of election, but nevertheless the case
was put upon this ground and Mr..
Bell was seated by a vote of 80 TO 20
with II absentees-
The Quay case is different from that
of Bell in many respects. however
There was no question about the right
of the Pennsylvania legislature to
elect; if called in special session it
would still have such power. 1t is un-
questionably the intent of the constitu-
ton to put the choice of the senators
irrevocably in the legislature There
fore the provision is made that the
national senate shall be composed of
two senators from each state chosen
by the legislatures thereof" 1t is not
intended to leave such choice to the
governors who might thus be tempted
to encourage dissension and promote
deadlocks for selfish purposes. But.
where the. Legislature has had no OPP
portunity to elect. the constitution
authorizes the state executive to make
temporary appointments to fill vacan-
cies-but vacancies which occur dur
ing the recess of the legislature
No vacancy occurred in Pennsyl-
vania, in Utah or in California during
recess of the legislature. and the
governors of these states have no power
conferred by the constitution to APP
point Matt Quay, Thomas Kearns or
Dan Burns to fill vacancies which hap
pened while the legislatures of their
The presidents bearing more directly
upon the case of Mr.. Quay were estab-
lished in 1899 Mr.. Quay and his friends
helped to establish them. too. In that
year the legislatures of Montana. Wash
ington and Wyoming had all failed to
elect. Governor Richards of Montana
appointed Lee Mantle. Governor Nc
Graw of Washington appointed John
b. Allen. Governor Osborne of Wyom-
ing appointed A. c. Beckwith. Beck
with resigned before hearing was
were decided not entitled to their seats.
While the question was considered
settled for all time and in accordance
with the Lanman precedent of 1925. 1t
came up again in 1898 when the legis-
lature of Oregon failed to elect. AS a
matter of fact there was no Legislature
in Oregon that year. The members re-
fused to meet together and the assem-
bly, was never organized. The fac
tions met separately and no legal
organization existed. 1t was therefore
held by many constitutional lawyers
/ that the governor had right to ap-
point because the vacancy occurred on
the 4th of March when one of the
rump legislatures had adjourned on
the End. and for the further reason that
there had been no session of the legis-
lature in Oregon at all that year. This
made the case of Henry w. Corbett
much stronger from legal standpoint,
than the case of Mr.. Quay. Yet Cor
bett was refused recognition. The sem
ate not only turned him down but it
refused to take preliminary steps TO
seat him pending the final investiga-
ton of his rights.
The question comes down to the pres
ent time without a break in the prece-
dents so far as the appointments made
by governors, after senatorial dead
locks, is concerned. If the senate seats
Quay, as we presume it WILL the plain
letter of the constitution will be dis
regarded and the settled construction
of that fundamental law of the re-
public will have been ignored for the
sake of party advantage and the
clamor of political heelers
Aside from all considerations of a
partisan or personal nature there are
two excellent reasons why Quay should
be refused a seat in the senate.
First. he is notorious corruptionist
by vicious methods he secures honors
from the state of Pennsylvania and by
the same he manages to escape punish
ment in her courts; he pollutes the
fountains of justice and debauches the
political honor of his people.
Second. to establish this precedent
will enable and. perhaps, encourage
governors. in combination with legisla-
tive factions to prevent elections and
make appointments. The evil of this
was explained by Senator Roscoe
Conkling of New York at the time the
New Hampshire case was up for con-
sideration in 1879 He said: IF it
should be the established law that
whenever "a legislature decided not 10
elect. the power to ill the vacancy
should revert to the executive Of the
state. the senate and ali of US must see
how exposed the whole process of filling
seats in the senate would become. be-
cause the governor and his friends. by
cabal. intrigue, vancouver, might so ar
range that the Legislature would decide
not to elect. or would fail to elect. in
order that the governor might gather
to himself the power to fill the
vacancy"
Third. the strongest argument in
favor of the popular election of SEN
ators is the loss of state representation
in the senate when the legislature fails
to act If no inconvenience in this
particular is felt the demand for
popular elections will lose much of its
force and effect