New-York tribune., 1899-12-17
THE QUAY CASE TAKEN UP.
HEARING BY THE SENATE COMMITTEE
on PRIVILEGES AND ELECTIONS.
ATTORNEY eENERAL ELKIN UrHoIps THE GOV.

ATTORNEY GENERAL ELK1N CPHOIDS THE GOV
ERNORs RIGHT TO APPoINT-Ex-sENAToR
EDMUNDs AND OTHERS IN OPPOSITION.
Washington Dec. 1S-The investigation of the
right Of ex-senator Quay, OF Pennsylvania, TO a
seat In the Senate by appointment Of the Governor
OF Pennsylvania was begun to-day by the Senate
Committee Privileges and Elections. The hear
Ing was purely n legal argument on the right OF
the Governor make the appointment in the
circumstances which in the case OF Mr..
Quay-a question which repeatedly has been
thrashed over by the Senate In other cases.
Every member Of the committee was present, and
several Senators interested. either personal
grounds or In the legal arguments TO be presented,
and large number Of prominent Pennsylvanians
attended the hearing.
John p. Llkn Attorney General Of Pennsylvania.
said he would address the committee on behalf of
the Commonwealth OF Pennsylvania. Ex-senator
Edmunds announced that he would appear for
those who demonstrated against the seating OF
Mr. Quay. and that he had coadjutors Hamp-
ton l.. Carson and George Wharton Pepper w. J.
Bremen an attorney Of Pittsburg. announced his
appearance for the Democratic members OF the
Pennsylvania Legislature and that he had asso-
ciated with him James A. Stranahan
Senator Chandler said the committee had decided
IN limit to-day's hearing 10 four hours, one and
a half hours OF which would he allowed to Mr..
Elkn two hours 10 ex-senator Edmunds and
half an hour to Mr. Elkn In which TO close the
argument This time he said. might he dis
trIbuted by Mr. Elkin and Mr.. Edmunds to suit
their convenience.
MR. ELKTN's ARGUMENT.
In his opening argument Mr.. Elkin oontended
that n sovereign State was at all times entitled TO
full representation In the Senate, according TO the
sn,r,t and letter OF the Constitution. The inten-
,ion OF the trainers Of the Constitution was TO
keen the representation of each State complete
and he maintained that the Governor having au-
thoritv 10 appoint Senator to I'LL vacancy
caused by death resignation. disqualification or ex-
pulslon had also full power to appoint IL tne
aois1ature failed I'm its duty to elect. He held
that the failure Of the Legislature 20 perform It's
duty ought not and could not operate 10 tne
states disadvantage In tho Senate. The true posi-
ton In n,s opinion. that the Governor en-
loved the full power fll any vacancy that
might occur IN the States representation Tor any
reason whatever That the broad and Hberal
view 10 take OF the intent OF the Constitution
trainers and he cited many authorities In support
OF his position.
Attorney General Elkin was followed by MI Car
son. AS he was about to begin his argument Sena-
tor Penrose ~ Pennsylvania. interrupted 10 In
uuire: do you not appear here as the paid at
torney Of John Wanamaker?
Mr. Carson replied that ne did not appear In the
pay OF Mr. Wanamaker or of anybody else.
Ex-senator Edmunds took the opportunity to dis
claim for himself any connection with MT wanna
maker in the case. My only relations with Mr..
Wanamaker" he said, ARE that sometimes buy
tinware at his establishment
Senator Pettus OF Alabama member OF the
committee entered n sharp objection 10 any Sena-
tor not a member OF the committee lnterruptng
Mr. Carson presented an elaborate legal and con-
stitutional argument against the seating OF Mr..
QUAY II was Important. he said. that each state
representation should be kept fu but he regarded
II as equally important that the Senators from the
several States should be selected properly and in
accordance with the Constitution. He doubted the
desirabi,ity of according TO the State Executive
such authority as exercised by the Governor /
of Pennsylvania In this 10 appoint anybody TO
the Senate whom he might choose lie argued that
the wording Of the Constitution conferred only n
limited power the state Executive In the mat !
ter Of appon tments TO the Senate. and that that
limitation was placed upon the Executive with full
knowledge of the express meaning or the words |
employed He urged the committee and the Senate |
In considering the in hand. to follow the well
established prccedents Of the Senate In not recog
nizing the right of the Governor 10 appoint when
an opportunity had been afforded the Legislature |
TO elect which IL had not embraced.
Mr. Carson closed his argument with the declara- |
tion that the Legislature OF Pennsylvania had |
actually been prevented from performing It's duty !
OF electing Senator by the Governor Of the state
and that IL the first time In the history OF |
Pennsylvania that the power or the Executive had
been exercised In that manner
MR.. EDUMUNDs REPLIES.
Mr. Edmunds followed Mr. Carson. celebrating |
some Of the legal and constitutional points made
by his colleague He declared that the authority 10
make appointments constantly being trenched |
upon by the executive power not only Of the |
States. but OF the Nation itself The President was
exercising such power by making recess appoint /
ments OF men who had previously been rejected by |
the Senate. This he regarded az dangerous and |
he In IA la a A md alp.t