The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-30
OUAY'S CHANCES
OF BEING SEATED
IN THE SENATE
From a Canvass Made by The
Call and Herald They Seem :
to Be Evenly Divided.

nothing to change my mind, and 1 do not
believe the appointee of the chief eXecu-
tive of any of the States where Legisla
lures have failed to elect Senators is en-
titled to be seated"
You may state in positive terms. if
you please" said Senator Jones of Ne
vada that | will vote to seat Mr. Quay.
for it is my belief that the several States
of the Union are entitled to equal repre-
sentation in the upper branch of Con-
gress, as provided in the constitution.
and the fact that the State Legislature
failed to perform its duty should not de-
prive such State of its constitutional pre-
rogatve."
ION general principles l am opposed to
the seating of Senators who obtain heir
appointments through the favor of the
Governor" said Senator Heitfeld Of
Idaho. There are four cases of that
character now pending, and l do not see
how we can afford to make an exception
partisan question, nor can We. afford to
be governed by personal considerations.
Senator Penrose Of Pennsylvania pre-
dicted that Senator Quay would be seated
and added: so far as Senator Quay is
concerned. ! believe he is quite Indifferent
as to what action the Senate may take
upon the question of seating him"
Senator Pritchard of North Carolina
said: 81 voted for the seating of Senator
Corbett of Oregon, who was appointed
by the Governor, believing as | did that
he had the power to fill any vacancy that
might exist at a time when the Legislat-
ure was not in session. | am still of the
opinion that such is the proper construc-
ton of the section of the constitution
which relates to such cases.
II have heretofore voted against the
seating of Senator's appointed by d Gov
ernor after the LEGISLATURE of a State has
failed to elect" said Senator Culom of
Illinois. Il believe the constitution sus-
tains me in that position. In the case Of
Senator Quay there may be circumstances
winch may justify us in going behind the
presidents set by the Senate. There are
four contests of the same character to be;
decided. and | consider the subject of
sufficient Importance to warrant the full
est investigation before a decision is rem
dered"
Senator Mcmillan of Michigan. who
voted against seating beth Mr.. Mantle
the opinion. based on my Judgment of the
probable action of the Senate that Mr..
Quay will be seated. ] am not prepared
when the question comes up. I do not
know how far the Quay case NAV differ
from the Mantle and Corbett cases
Senator Shoup of Idaho, speaking of the
charges of conspiracy against Senator
Quay said That was entirely a local
matter. fight was precipitated on QUAY
Tor the purpose of downing him in the
interest of John Wanamaker. Political
enemies might start q fight against any
man under similar circumstances for the
purpose of building themselves ND at his
expense. Personally do not believe there
was any criminal intent in anything QUAY
has done <"'
Senator Rawlins of Utah minated that
he had not changed his opinions since he
voted against seating Corbetu of Oregon
who was appointed under circumstance
similar to those Of the Quay case.
1t may be a party question and oiva
rise to other important considera tione -
said Senator Taliaferro of FIorida
DOUBTLESS caucus will settle the nreS
ton II it arises to importance. and hence
+! prefer to say nothing at present regard
ing my opinion on this question"
senator Stewart of Nevada said: sFrorn
all that | have heard I think that SEM
tor Quay will be seated"
Senator Perkins of California said. "rbo
constitution provides that the Governor
or State shall have power when durjne
the recess of the Legislature anv snaf
IN the Senate shall by reason of deatb
resignation or from any cause become va
cant, to appoint a Senator to fiji the va-
cahcy. so far as | know no vacancy no 9
occurred during the recess of the pa,1,e
sylVania Legislature, and as I road tba
CONSTITUTION CT the United States and DC
II mas been interpreted to us in the San9
ate by able constitutional LAWYERS tta
governor cannot appoint 'io
None OF the vacancies either in Penn
savanna, california. Delaware or T7tob
occurred during a recess of the .eeisSal
lure, ana unless the United States Sen
ate reVerses the preccdents it has mad
~ many other cases it will hold thai
tne governor under the conditions ayist
Ing IN the states Il have named cannot
M me vacancies. The Senate decided tbe
mater ma! IN Inc case of Mantel of Montana
ana Coroett of Oregon q