The times., 1899-04-22
GOVERNOR Stone
APPOINTS Mr.. QUAY
-- --
He Names Him as His Own
Successor.
Precedents Established by the SEN
ate Openly Defed.
The Legislature May he Called In
Special Session to Elect Him
Senator.

The acquit,sl of Matthew Stanley Quay
mediate appointment as Senator TO sue
ceed himself in the upper branch OF Con-
gress, caused no end of talk among poll
ticians and others in Washington yesterday,
While many approved the action OF the
jury as well as that of Governor Stone
others pronounced the whole affair farce.
What the United States Senate itself will
do in the premises remains to be seen.
The long established precedent of the Sem
ate is against the seating OF members ap
pointed by Governors OF States whose Leg
islatures have failed TO elect Senators, and
whether an exception will be made in the
case of Mr.. Quay is extremely doubtful.
OF course the Senate Is law unto itself
in this respect, and can seat or unseat
members at its pleasure. The opinion
pretty generally prevails in official circles
here, however. that Mr.. Quay will not be
allowed to. take his seat in the next Sem
ate solely on Governor Stones commission
or certificate.
1t is a significant fact that the first elec-
ton case which ever came before the
United States Senate presented practically
the same features as those of Quay. George
Read, Senator from Delaware. resigned
his seat in December. 1893. The Legis-
lature was then in recess, but 1t met In
January following and adjourned in Feb
ruary, having continued in session a month
or more without electing successor 10
Mr.. Read. On the 18th of the following
March the Governor of Delaware appointed
Kensey Johns to fill the vacancy. The
Senate of the United States, however, re-
fused to admit Mr.. Johns, holding that he
was mot entitled TO his seat in the Senate
of the United States, a session of the Leg
islaure having intervened between the re-
signation of George Read and the appoint
ment OF the said Kensey Johns
The last case acted upon by the Senate
was that of Henry w. Corbett, OF oregon.
The term OF Mr. Mitchell who had been
a Senator from that State for six years,
expired on March 8, 1857. The Legislature
which should have chosen his successor
never held a joint session and adjourned
without even taking a ballot for Senator.
The Governor then appointed Mr.. CorDett
! to take the seat in the United States Sen
ate vacated by Mr.. Mitchell but the Sem
ate refused to give Mr. Corbett the seat
and il remained vacant until October, 1898,
when a new Legislature elected Joseph
Simon.
Including Pennsylvania. the Legislatures
OF four States this year failed 10 elect
United States Senators, namely, Califor-
mia. Delaware, and Utah, but the Governor
OF Pennsylvania is the only Chief Execu-
tive who has had the courage to take the
initiative and show his contempt for
established precedents and public senti-
ment by appointing Mr.. Quay Senator.
The Constitution of the State of Penn
sylvania says:
In ease OF vacancy in the Office Of United
States Senator from this Commonwealth, in
recess between sessions, the Governor shall con-
vene the Houses. by proclamation or notice not
exceeding sixty days, TO fill the same:
The clause in the Constitution of the
| United States under which Governor Stone
acted yesterday says:
And if vacancies happen by resignation or
otherwise during the recess Of the Legislature Oi
any State the executive thereof may make TEN
! porary appointments until the next meeting OF
! the Legislature, which shall then fill such Va
/ cancies.
| Even with this loophole it is not gener-
| ally believed by constitutional lawyers in
| Washington that Governor Stones action
/ yesterday will be sanctioned by the Senate
| when it convenes.
During the past eight or ten years the
/ Senate has absolutely refused to recognize
| gubernatorial appointments where vacan-
/ cies have occurred by failure of Legisla-
lures to elect. At least six cases can be
| cited during that period, four of which are
| Identical with that OF Quay. They are
those of Mantle OF Montana, Allen Of
| Washington, Beckwith of Wyoming. and
Wood of Kentucky, all of whom were ap-
pointed by their respective Governors after
the Legislatures OF those States had dead
| locked and failed TO elect Senators.
The case OF Colonel DUPONT of Delaware
was somewhat different from those of Man
tie, Allen. Beckwith and Wood inasmuch
as the Legislature of that State, with the
vote OF the presiding officer Of the State
Senate, who was also the acting Governor
of Delaware, elected Colonel Dupont and
gave him the certificate. The United States
Senate, however. held that Colonel Du-
Points election was irregular by reason OF
the fact that the acting Governor had no
legal right to cast the deciding vote, and
the little Diamond State had only one rep
resentative in the Senate for two years,
from March. 1895. to January, 1897. when
the Legislature regularly elected Mr., Ken
ney.
Mr.. Quay arrived in Washington from
Philadelphia yesterday afternoon. He was
alone and said that he had no statement
to make at this time. Outwardly he was
apparently in the best of health, and spir-
.;s. de carried himself like man who