The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1899-05-03

Al throughout the United States. All tbe
,neuies Of Senator Quay are declaring
hat it u sisnpIy impossible for the SEN
ste 10 seat him. One Of them j. quoted
A. referring 10 Governor stone's act - a
piece Of inpndence. Another says that
ths aopointnent Is in defiance Of the Fed
ersi Constitution. ard 40 Il goes -
matter of fscs, Il Is not 2 piece Of impc-
deuce. IL "a nnt IN defiance Of the Consti-
tuition, and JUS; such appointments have
bceu upheld time and time again by s7nle
Of the brainiest Constitutional lawyers.
First OF all. the Senate OF the United
states il given absolute authority by the
Constitution to be a judge Of Us own
membership, and that authority settles
the whole question. II Is matter for the
Senate itself to decide. and for 10 one
else.
The section Of the Constitution und er
which Quay has been appointed reads as
follows;
II vacancies happen by resignation or
otherwise during the recess Of the Legis-
lature OF any state the Executive thereon
may make temporary appointments until
the next meeting % the Legislature. which
can then nh such vacancies
In discussing like cases heretofore he
Senate has decided upon the definition
the term during the recess" Il IS GER
tainly fact that there is a recess of the
Legislature now and that a vacancy has
happened, and this view has prevailed IN
the past, but Of recent years the senate
has refused TO admit by appointments
when the Legislature has adjourned Win
ont making a choice. There are preee-
dents on both sides, although the recent
precedents are opposed TO Senator quay
There are those who argue that the state
| Constitution is a stumbling block IN
| Ouav's pathway. These persons point 70
| n clause which provides that in case OF a
vacancy i'm a recess between sessions the
| Governor shall convene the two II ousss
by proclamation or notice, not exceeding
sixty days, to I'll the same OF course no
provision that State Constitution could
make could oveFrule the provisions OF the
I Constitution OF the United States Under
the Constitution Senators must be elected
by the Legislatures except under certain
conditions when Governors may appoint.
The States are given power to fix the time'
piaee and manner Of eleeting Senators
but Congress is given the higher author
ity to change all State laws, with the sin
gle exception Of the place where the eiee-
ton is to be held Congress has assumed
this authority, and bias decTeed that esi-
lolipg shall begin Two weeks aiter the or
oanization of the Legislature. Il makes
no provisions whatever foE recalling Leg
islafures as the State Constitution OF Penn
syIvania does, but il does declare deli
niteIy that when vacancy happens da-
ring a recess the Governor shall appoint
II will be noticed that the Constitution Of
, the United States vests the power of APP
poiutment in the Governor, while the
state Constitution OF Pennsylvania un-
dertakes 10 nullify this power by recall
ing the Legislatare-a thing which Is ALB
surd. This section Of the State COnstitu-
: ton is Of no avail whatever. suppose.
for ins tanee, that a constitutional amend
ment should be added providing for the
{ election Of Senators by the vote Of the
e people. Is any one foolish enough to con-
tend that the provision ia the state Ceu-
!, stitution would not les null and vnidg
That feature Of tho case is not worth
while considering at length. The only
possible point is whether under the pro-
I, visions of the United States Constitution
e giving a Governor the right 70 appoint.
J.: this right in Senator sluay's case viii be
q upheld by the Senate ITSELF
< As we have already said, decisions have
been made both ways, aud decisions in
all probability will be made both ways
again. There is aud can be no fixed rule
except under a constitutional provision,
for the Senate is always the final arbitsr
$ in such matters, and such matters i'll al
WAYS be settled by majority vote of tilat
T. body. There are now four vacancies ex-
Df istine. and the States involved are Penn
syIvania. Delaware. Utah and California
= This holding up Of Legislatures is beeom-
20 ing altogether too common, and some
), thing must be done to break mp the prae-
! tice. There are three ways to do is- One
is by a constitutional amendment PrOvid-
ing for popular vote. Another Is the
al abandonment Of the present requirement
u that a majority of the Legislators shall bt
required 10 elect and accepting as Sena-
tor the candidate who receives the high
est number Of votes in the Legislature
This alternative, We understand, is being
,i' very seriously considered, and il is no
r. unlikely that definite action in this diree
:, ton may be taken when Congress agaii
eonveues. The other way 10 secure a ful
- representation is 70 accept the appoint
nc ment of a Governor hen a Legislator
Oh shall fail to elect.
ay Governor Store has done the prOpe
ey thing, for in appointing Senator Qnay b
lid has but voiced the popular viii. Wheth
m er Senator Quay shall be admitted or NJ
roo will depend entirely upon the individu'
views Of the Senators who will sit at IN
A., next session. II is useless 10 talk abOS
constitutional points. for there are no cor
stitutiOnal points. II is a pure questio
IKE of the common sense of the Senate itsel
hin -
Mr.. Durham's Comment on the senstorshi
s'while Republicans who have the il
terest Of their party at heart can a
but deplOre the failure Of the Le- islatu
OF TO elect a Republican to the United Stat
eve Senate" said Israel W. Durham, the a
ti-cOmbine leader of Philadelphia, ''th'
nv all know where 10 place the responsib
,Id ity for the deadlock. Those membe
who were elected 70 represent the Repu
lican party in the Legislature who ha
'" sseadfastly and consistently voted for Z
eH' nominee OF the Reguolican caucus ha
made a record Shich will be approved
ov- every fair minded Republican in I
) in Commonwealth. They will certainly
sustained by the Republican oTganizati
y a of the State. The Senators aud Rep
AGO sentatives who voted for Colonel Quay
the last can 90 home TO their Republic
constituents and command the admit
ton and respect of every true friend
their party's cause. while the guerrill
IN. who have acted in defiance Of the f1nC
on mental principles Of the Republican p
~ ", can not present single valid exeS
:. - for their course, which led 10 the de-
lock, and which made the election o
SAN Republican Senator At this session Of
" Legislature impossible.
very Colonel Quay has much % be proud
/. at in the vote he received 70 day. Whils'
not reeord on this finai ballot gives Colo
80 Quay 9} votes. three Of his frieGds "
paired; so he thus had 96 Republican 81
porters to the end. The total strength
the Insurgents Is but 20. They polles
votes to day and had one absentee. I