The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-04-30
THE CASE OF SENATOR QUAY.
nv q A rnMARDS.l

In the case OF former Senator Matthew
Stanley Quay, who was acquitted Of the
charge OF conspiracy and within an hour
thereafter was appointed by Governor
Stone ito be United States senator from
Pennsylvania until the next meeting Oh
the Pennsylvania legislature" The AS
sociated Press has already given the
Post readers a short story of the case and
the presidents that will be called up In
this case. but 1t did not enter into detail
and think / can recite few facts that
NAV be OF some interest. No matter what
the public estimate OF Mr., Quay has been,
he is undoubtedly one OF the most popular
men in public life He has many and
powerful friends. and few men, II any,
could bring to bear more potent influences
than can he In the adjustment OF his ques-
tionable right to seat in the next
United States senate. under warrant OF
Governor Stones appointment. But If MI.
Quay succeeds In planting himself down
firmly in that seat he will do so in spite
of precedent hitherto unbroken In the
history Of this government. The circum-
stances of the PENNSYLVANIA senatorial sit
uation are reasonably familiar to news
paper readers. Briefly, Senator Quay's
term as United States senator expired on
March 4 last. Under the constitution of
the United States the legislature recently
adjourned in Pennsylvania, but which was
sitting at the time the Pennsylvania sena
torial seat became vacant. is required to
elect for the vacancy. Because of fac
tional wrangle In the republican party, of
which the criminal prosecution OF Mr..
Quay was an incident, the legislature adj
This adjournment leaves vacant one OF the
seats to which Pennsylvania is entitled in
the United States senate--using the word
vacant In its general, not its technical
sense as interpreted by United States SEN
ate election committees and sustained by
vote of that whole body. 1t is to this
vacancy that Governor Stone has appointed
Mr.. Quay.
\ ~
In no case since the organization OF the
United States government, where the cir
cumstances were Identical with the Quay
case, has the senate seated the appointee
The presidents are numerous, running
back for 106 years. The first case involving,
in legal sense, exactly the same prin-
ciples came to the attention of the senate
from Delaware in 1893 and, curiously
enough, that State is now interested in
; I1.A a -
as its last legislature failed to elect a
successor to Senator Gray in December
1898. Senator Read of Delaware resigned
during a recess of the legislature of that
State. The Legislature met in the follow
ing January and adjourned In February
without having elected a successor to Mr.,
Read. On March 10 Kensey Johns was
appointed by the governor to fill the va
cancy. The senate, by a vote of 20 to
I, decided that Johns was not entitled to
having interviewed between Reads resigns-
tion and Johns appointment. The next
case In point of time came from Connect
cut James Lanman. senator from that
State, whose time expired March t. 1926,
produced the next day credentials of ap-
pointment by the governor to fill the va
cancy. The legislature of Connecticut was
not then in session. and 1t did not con-
vene until the following day. Lanman
was refused a seat by a vote of % TO Is,
These two cases were decided upon the
that the legislature, by making
elections itself, shall provide for all va
cancies which must occur at stated and
known periods, and that the expiration OF
a regular term of service Is not such a
as is embraced in the clause
Of the constitution, which says: And IL
happen Gin the senatel by res
ignation or otherwise. during the recess
Of the legislature Of any State. the execu-
i've thereof may make temporary appoint
nents until the next meeting of the legis-
ature. which shall then fill such vacan-
,ies."
These precedents, together with the Lee
Mantle case, were relied upon by the COM |
nittee on privileges and elections in re- |
porting against the seating of Henry w.
1orbett of oregon in 1898. The disposi |
ION of the Mantle case carried with It two
'thers 1t was decided In 1898. The legis.
atures of Montana, Washington and wy
ming were in session, and all three at
empted to elect senators. but did not sue
eed. The governors of these States made
ppointments to fll the vacancies at the
eginning OF full term, but the United
tates senate refused to seat Mantle nv
ote of 80 to %. The Washington case
there John B. Allen was the appointee
was disposed of in the same
ray and by exactly the same vote. and tho
Wyoming appointee, Beckwth, who next
ppeared to qualify, rendered his resigna-
ion to the governor of his State. Next
anne the more recent Oregon case. where
ne legislature made no attempt TO elect
snator or to transact any other legisla-
We business. because OF clash I'm the
rganization. The governor appointed
Ienry w. Corbett. The case was elah-
rately argued to the senate and It is sig.
lhcant that those members of the com
'ittee on privileges and election who
'yored seating the appointee cited M
recedent to Justify their report On Feb. {
iary rs, 1898, the senate, by the decis,ra