The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1899-12-07
QUAY SHOULD NOT BE SEATED SAY
THE DEMOCRATS.
Minority Party Organization In the State
Sends Memorial TO Democratic
Senators.


S. Quay, under the appointment
made by Governor Stone, has been
forwarded to Senator ]. K. Jones, of
Arkansas, who is chairman of the
Democratic national committee.
LEGAL GROUNDS URGED.
The text of the document is as
follows:
To the Democratic members Of the
United States Senate.
Gentlemen - The Democratic
committee of Pennsylvania i'll meet
ing duly assembled respectfully Sub
mits the following reasons for your
consideration against the seating of
Mathew S. Quay as an appointed
Senator from Pennsylvania.
A vacancy arose on March a,
1890, i'll the Office of United States
Senator from Pennsylvania by the
expiration of the term of Mathew S.
Quay,
The Democratic members of the
Senate and House of Represent
atives of Pennsylvania unanimously.
in connection with almost one
third of the Republican Represent
atives in the General Assembly, and
representing more than majority
of the membership thereof, coutinu-
ously for seventy nine days and
until adjournment voted against the
reelection of the said Mathew S.
Quay as United States Senator. He
failed of an election as Senator by
the Legislature of our State. Where
upon William A. Stone, Governor
of Pennsylvania, undertook to ap-
point him Senator Notwithstanding
the provisions of the Constitution of
Pennsylvania, article 2, section 4,
which reads as follows:
"In case of a vacancy in the Of
fee of United States Senator from
this Commonwealth in recess the
Governor shall convene the two
houses by proclamation on notice
not exceeding sixty days to fill the
same.
And the Constitution Of the Unit
ed States, which thus provides,
article I, section g.
And if vacancies happen by re-
signation or otherwise during the
recess of the Legislature of any
State the Executive thereof may
make temporary appointments until
the next meeting of the Legislat-
ure."
And this, otwithstanding this va
cancy in the representation of PENN
sylvania in the United States Senate
happened during the session of the
Legislature Of this State, to wit:
March 4, 1899, and that the Legis-
lature adjourned April 20. 1899,
more than six weeks after this va
cancy occurred.
1t is plain under the Constitution
of Pennsylvania, the Cove rnor is
required to convene the Legislature
to fill vacancy within sixty days.
This authority to convene the Leg
islature to fill vacancy cannot be
lawfully construed that because the
Legislature failed to elect that there
fore the Governor is vested with the
power of appointment; because,
first: The Constitution of the Unit
ed States only authorizes the Gov
ernor to maze such appointment
during the recess of the Legislature.
Second, because the Constitution of
Pennsylvania provides what the
Executive shall do, to wit: Convene
the Legislature.
We, therefore, submit as a reas-
enable and legal proposition that
when the Constitution Of Pennsyl-
vania expressly provides how the
vacancy shall be filled no other
method can be lawfully substituted.
The people of Pennsylvania, in their
fundamental law, have said that the
Legislature shall fill the vacancy in
the Office of Senator and not the
Governor.
We respectfully appeal to you to
oppose the seating of Mathew S.
Quay, not only for the legal and
constitutional reasons herein briefly
set forth, but also because he is the
head and front Of political ma
chine" which has continuously
through the Office holders elected
by it violated the Constitution of
our State in refusing to make a
Senatorial and Representative APP
pointment of our State; that he has
degraded our public life and de-
bauched Our elections, and passed
election laws that are but means of
practicing fraudulent voting and
counting and has denied the con-
stitutional rights of the people of
the State to vote for the adoption of
amendments to the Constitution