Omaha daily bee., 1899-12-17
ALLEN WILL TAKE HIS SEAT
Republicans Do Not Intend to Make Fight
on the New Senator.
NOTHING IN THE SENSATIONAL STORIES
Several Members of the Senate Voice
Their Opinions on the Subject
News from the National
Capital.

! WASHINGTON, Dec. 16.-(Special Telc-
| gram. Eastern newspapers in the last two
| days have contained highly sensational stor-
les over Omaha and Lincoln date lines, out
| lining a republican war on Senator Allen
taking his seat, and stating that the repub
lican steering committee of the senate was
in communication with the republicans of
! Nebraska as to Nhe course of the opposition
to be pursued.
Diligent inquiry among republican sena-
tors fails to make good any of the asser-
tions emanating either from Lincoln or
Omaha. In fact the whole thing is regarded
here as largely magnified to assuage the
feelings of one of the defeated candidates
for the appointment to the Hayward va
cancy.
Senator Thurston, when approached upon
the law points alleged to have been raised
by James M. Woolworth as to the right of
Senator Allen to take the oath of office as
successor to Senator Hayward, said that
while there was no exactly similar case as
presented from Nebraska, Hayward being
de jure senator, his death created a vacancy
which the governor had right to fill. He
admitted that he had received one telegram
from Nebraska regarding the matter, but
had not replied because he thought 1t was
wholly unnecessary in view of the action of
the senate In Judge Haywards case. On
the assembling of the senate In regular ses-
sion, Mr.. Haywards credentials were laid
before that body, having been in the office
of the secretary of the senate ever since
last March, when he was elected. Ordinary
procedure followed the presentation of his
commission from Governor Poynter and when
Hayward's name was called for the purpose
OF taking the oath, Senator Thurston said
hat ntaH 10
from being present in the senate at that time
and Nebraska was passed Every senator
recognized that Judge Hayward had been
elected and that there were no reasons why
he should not take the oath of office. But
he died before he could take the oath. and
now hair-splittng is being INDUCED in over
Aliens appointment.
Senator Spo1ner. when interrogated as to
the points raised to seating Allen, said:
He viii take his seat without a word
of protest, so far as | know. / cannot con-
ce4ye Of any other condition but that a va
cancy exists in Nebraska and the governor
under the constitution. has the power to
appoint.
Senator Hanna says he knows nothing OF
the situation, but he regards the right Of
the governor to appoint because he believes
a vacancy exists. He has received no ad-
vices from Nebraska republicans as alleged
by te,egrams from Lincoln.
Senator Kenney of Delaware, in discussing
the subject from a democratic standpoint.
raised an interesting question which is
worthy of some consideration. Suppose"
said he, that Hayward, elected by ma
jority OF the legislature OF Nebraska had
failed TO qualify in the senate. AS long as
his term lasted the governor would have
been powerless to appoint, even though the
state went without two representatives, as
provided by the constitution. II living he
was senator. then dead vacancy must be
created by the very condition OF things. The
minority of the senate evidently expected no