The San Francisco call., 1899-11-01
THE SEATING OF Quay


ance OF authority, that poll OF the Senate
shows that Senator Quay will be seated on the
aDpointment OF Governor Stone. 4 new element has
appeared which perhaps has aided toward the result
Il the report oi the poll be Utah Jailed TO elect
Senator Il IS said that Governor Wells, elected as
. Republican, but Mormon, IS pledged to appoint
Senator Frank Cannon succeed himself, and
that Cannon has brought number OF Silver Demo
cras with whom he acts in the Senate to the support
OF Quay in exchange for Republican votes to seat
Cannon.
Four States failed to elect Senators, their Legsla
lures adouruing after long and futile balloting-
These are Pennsylvania Delaware Utah and Caliior-
MIA Governor Tunnel OF Delaware is Democrat,
and il Stones and Wells appontees are seated he
will doubtless appoint a Silver Democrat II an ap-
pointee from California appear the net result Of
changing the old policy Of the Senate as to executive
appointments will be the seating Of two free silver
Senator's and two Republicans that to the great
issue which secured Republican majority in 1896
there will be a stand-of.
But there is view OF the matter that goes farther
Six Northern Republican Senators are from States
with Silver Democratic or Popuist Governors. Some
one has said that the statesman who leaves death and
physical disability out OF his calculations for the u
tre omits one Of the most certain factors With the
rule established that Governors always have jurisdic
ton over a vacancy some quite interesting results
might appear.
But, aside from merely interesting specuations, if
the Senate change its precedents and policy in respect
TO executive jurisdiction in filing its further
changes OF great moment may be expected to follow
which will 90 through our whole system OF govern
ment When that body settles the issue in favor of
continuance OF jurisdiction in the Governor after the
Legislature fails to elect great momentum will be
given TO the policy OF taking the election of Senators
away from both Legislature and Governor and Civ
ing it directly to the people. Then, when vacancy
occurs by resignation death otherwise in the Ian
guage OF the constitution the Governor will OF neces-
sity have extended to him the power to call special
election for Senator as he does now for Representa-
tive when such vacancy occurs in that Office
The advocates OF the seating of Quay, which will
permit an appointed Senator from California, Utah
and Delaware pass in by the door hold, with
Senator Hoar that every State entitled to have its
two Senators always in commission.
We regard this an erroneous view, with all due
respect to the distinguished gentleman who origin
ated it 1t is based upon that clause OF the consti-
tuition which says that no State shall be deprived of
its equal suffrage in the Senate without its consent
We have never seen any difficulty in the construc-
ton OF that clause The Legislature is the electoral
body representing the State in the choice of Sena-
tor When that electoral body chooses not to elect
Senator that is the consent OF the State to temporary
deprivation OF its equal suffrage in the Senate There
has been no compulson in the matter The State's
consent must be expressed through its official per
sonality. The people whole cannot express
themselves otherwise II the calculations which JUS
tfy the prediction that Quay will be seated are cor
rect the matter amounts to decision OF all three
political parties in the Senate change an interpre-
tation Of the constitution Senators Hanna. Jones
and Butler, chairmen respectively Of the National
Committees Of the Republican, Democratic and
Popuist parties, known stand together in the
matter in favor OF the change.
The Call need only say that it stands where it did
in the former discussion of this matter in line with
the doctrine that jurisdiction to appoint departs from
the Governor when the Legislature meets and does
not return to him by the failure OF that body to elect
Ez1z1zs=uzE-zz-zz-z1=ez~
This is a great year for the Wheeers-one in the
Philippines one at Berkeley and one for the Inter
state Commerce Commission. Each one is the right
man in the right place and doing honor to his name
II the President will give representative
OF the Pacific Coast on the Interstate Commerce
on