New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-22
NOT LIKELY TO BE SEATED.
THE SENATE MUST REVERSE ITS OWN DE-
CISIoNs II IT RECOGNIZES QUAYs


CISIONS II 1T RECOGNIZES QUAY'S
APPOINTMENT.
Wash lngton April q (specaD.-The appointment
OF ex-senator Quay by Governor Stone of Pennsyl-
yania to serve as United States Senator until the
next session Of the State Legislature shall have
convened and chosen his successor cannot be
recognized by the Senate OF the United states
unless It reverses its former decisions Governor
Stone Is said to base his authority for making
the appointment upon Clause OF Section 3 OF
Article l OF the Constitution. which reads:
and If vacancies happen by resignation,
or otherwise. during the recess of the Legislature
temporary appointments UNTIL the next meeting
of the Legislature. which shall then NIL such
vacancies.
This has almost uniformly been interpreted by
the Senate. not once but many times. to mean
that where the Legislature had opportunity to
e,ect hut failed to do so the Governor has not
tho mower TO appoint. The Legislature OF fehh-
sylvania met and had an opportunity 10 eiecl
Senator but did not do so; hence vacancy eAis,S
to-day Of It's own making, one that occurred ""''e
T. was in session. and not the Constitution OF
the United States says. during the recess Vi ,o
LEGISLATURE" The Senate has never IN us e"."e
.,,or,, admitted the right OF the Governor OF
c,o+a N annoint except where vacancy occur
while the Legislature was not In session anu 49,
Governor Stone should so ostentatiousiy ann 49,,
b,s anno,ntment Of ex-senator quay imiheu''
after the verdict OF the jury !" .-.ot,
oor,a known 10 him. except 1t be TOT oe''"I.
ol,,caI effect II is difficult to imagine. Inc heN'
a,,,or session OF the Pennsylvania Leelsia'u0
will convene on January l, l"Ol' -,
ro,,ew ~ the vote of the Senate In the ceie-
brated Mantle case is at this time Oh p"i
Interest This is one Of the most recent eApieS
Ios ~ the Senate of the United States sitting as
court and judging the qualifications oi a .-Da
uvho had been appointed by a uoNeiA0''
bly, to fill an existing vacancy
THE MANTLE CASE.
Tho claim Of Lee Mantle. appointed a Senator
to,, Montana after the Legislature had ao)ouineu
without performing its constitutional iune'iol w.
denied on August 2s 1898. by vote OF o. 10 3D. ~
MARGIN was close but the vote was not cast aioNs
outical lines The majority OF the Senate he'u
IN the opinion that there was no vacancy happen
to IN such way as to authorize the Governor 10
onnoint. in other words. that II the Legislature
clothed with full power did not see mt 10 exercise
,ts constitutional functions. the state must suiei
tho consequences and that this failure or the Legs
iature could not be remedied py 'he -s,,o
OF the Governor. 1t held to be against puohc
nol,cv as we'll as a violation OF the plain intent OF
the Constitution.
When this vote was taken there was member
shin in the Senate OF eghty-ve the three states VI
Montana. Wyoming and Washington having iaiiea
10 elect In each case the Governor hau appoin''
and the appointees were clamoring at the doors Oh
tho Senate for admission. Mr.. Nantes claim was
made the test case. In addition TO the vote aoo'e
indicated twenty-five Senators were paired on ''e
question while two. Messrs. CocKreH (Dem) anu
KYLE Ond) did not vote and were not pa"eu'
Oivided according TO party predictions the vote
"a seat Mantle stood: Republicans. Il; Democrats
II and Popursts. !: total. 90 Against Mantle;
Republicans. g. Democrats 49, total. 81. Eight he-
nublicans two Democrats and one fopulst were
haired for him and four Republicans ana seven
democrats against seating HIM Counting the pairs
Aicf q
the total membership of the Senate was ois'rio'eu
as follows:
Eor seating Neutrality-suspicious.. Is; Democrats,
II. Populists 2: total 40. Against seating Mamie
Republicans 49, Democrats. 30; total 90 OocK'eii
Dem. MOI and Kyle Qnd., n. d. not paired ana
not voting 49,,
The great majority Of the men who voted on ms
test case will not be in the next Senate or IN, the
fortv favorable votes only the following twenty VIII
be members Of the Senate when , AGAIN MONIES ZONES
I Bats D Jones Nevo Martin, Morgan Perkins
Pettigrew Shoup. Stewart. Teller WoS 14n;,,iice5s
II Silver Republicans 4. and Democrats, o Ony
eleven OF fortythree votes agans' Rerrv CAT
fery CulIom Gaiiinger. Lindsay. MeMan piam
Comm Proctor Vest d a snEr Democrats Messrs
Sockreli and Kyle still members or me Senhre
me oe,a av case viii consist of eighty,six votes
ond contain only thirtyth senators VINO VIII DE
,So-ad nv their previous record on the question:
narnpeiTuIn he ffythree new Senators, and II Is
from these that Mr.. Quay may nope ior suooe'S'
at all. . 49, Manila case that the silver
orsston entered into II 10 some extent IheIe arr
in the list OF twenty votes favoraDie 10 slahf,o s
IN the Senate nine out-and-out slIVsr lne; ~ a. e
oiue then Wr QUAY and his associates might not
Ia able 10 keep the entire twenty. " course,;
ps M QUAY be seated. the three states or
Tnieware Utah and California would be treated IN
iT Nc rner for the are Identical In all
rasnacts The Governors or California ana otah
ars Pennb.icans while the Governor OF Delaware Is
ar namncrat so that the Republicans would gain
three and the Democrats one member OF the
Senate
MAKEUP OF THE NEXT SENATE
The next Senate will consist Of hfty-one straight
Republicans twenty-six Democrats. four Silver he-
nubucans four Populists and one Independent or
this large number OF Republicans seven only are or
record against the constltuonality OF an appoint
ment such as Governor Stone has made. Eleven or
the Republican membership voted TO seat Mantle
thus leaving thirty-thTee Republicans VINO nave
never dealt with the question. or the twehty-sN
Democrats only ten remain and four or these Voteu
to seat Mantle The four Silver Republicans VINO
voted for Mantle are still members OF the senate.
IL the Senate to vote as II OLD IN 1888; Nj;
Quay would have 10 find twenty-four additloIal
votes among the ffty-three new members i! tne
question Is TO be decided political one purely
he get those votes from the thirty three Re
publicans who have entered the cnainDet snce
1888. This does not seem probable IL ~ salu thdl
Mr.. Quay's personal popularity among the Seha.
tors with whom he has served so long Is sucn tnht
several of Democrats will willingly support MS
contest for the the Governors ceruncate
Whether the Senate. sitting as court VIII reverse
are in the body II the arguments made In 1888 by
Mr.. Hoar and his fellow Republicans or the oom,
mittee Privileges and Elections can be utilized
20 convince the Senators that the Senate was
In 4.l.w.-