The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-12-19
FOR SEAT IN THE SENATE BY APPOINT
MENT OF THE GOVERNOR.
COMMITTEE INVESTIGATION.
senate Committee on Privileges and
Elections Takes Up the Matter-Fir~s
Argument I'm the Case-scnator Ed
munds Appears Against the senator.
other Counsel I'm the Casc-Rirht or
the Governor TO Appoint the Only
Point Involved.

Washington. December is.-An In
vestigation OF the rights OF fo-mer
Senator Quay, OF Pennsylvania. To a
seat In the senate by appointment N
the governor Of Pennsylvania. was be-
gun today by the senate committee. ON
privileges and elections. The hearinu
today was purely a legal argument on
right of the governor I'm the circum-
stances which arose In the case OF Mr.
Quay.
Hon. John +. Elkin. attorney general
OF Pennsylvania. appeared for the com
monweaith of Pennsylvania. and for
fner senator Edmunds for those who
demonstrated against the seating of
Mr.. Quay, and Mr. Edmunds hnd mn
coadjutors Hampton l.. Carson and
George Wharton Pepper. w. J. Rran-
man, an attorney OF Pittsburg was
leading counsel for the democra.t1
members or the Pennsylvania legisla-
ture. 3'"'"'-
Mr.. Elkin contended that a soverei.yn
state was AT all times entitled 10 tho
iull representation in the senate az
corded by the spirit and letter of ,ha
constitution. the failure OF the levIa-
nature to perform it's duty ought rot
ana could not operate to the states dis
advantage in the senate. The truc no
sition, in his opinion. was that tba rov-
ernor enjoyed the full power IN an
any vacancy that might occur In tho
states representation for any rea.son
whatever
When Attorney Carson began his rr-
sunieht senator Penrose. OF Pennsyl-
vania, interrupted: DO you not an
pear here as the paid attorney of Tohp
| Wanamaker?"
| Mr.. Carson denied that he appeared
IN the pay Of any one.
| rormer Senator Edmunds then seiz-
eu the opportunity to disclaim for HIM
seii any connection with Mr.. Wanna
maker in the case. My only reta.
tions with Mr.. Wanamaker," said he.
are tnat l sometimes buy tinware at
his establishment"
Mr. carson presented an elaborate
legal and constitutional aryumant
against the seating OF Mr.. Quay He
doubted the desirability OF according
10 the state executive such authority
former Senator Edmunds declared
that the appointive authority was be-
ing constantly trenched upon bv the
executive power, not only OF the st. .es
Dut or the nation itself The nresi,. m,
| ,.- - SuNh power Dy making
recess appointments OF men who pre-
Vlously had been rejected by tho seu-
ate: rms he regarded as dangero;.ss
ana urged the senate to take a dr,.,
stand against such usurpation OF pow
er as a protection to itself. Mr.. ouay's
case, he said, did not fall within the
authority conferred upon a governor
10 MI vacancy in the states represent
tation.
In rebuttal, Attorney General Dlkin
cited position taken by Mr.. EdrIunijs
IN the senate in 1879, upholding a. gov
gTnor r1ght to appoint to which Mr..
Edmunds replied the cases were ,o,ai'
ly different. Mr.. Elkin concluded that
the Judgment of the governor as IA
the necessity for calling an extra ses-
sion or legislature which had failed
TO elect a senator was final and con
elusive in the premises.