Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-04-22
QUAY ANO THE SENATE
Political Considerations May Result in
Seating Him Next Winter.
No IrOn-BOund Rule Governing the
Case, but Recent Precedents
Are Against Him.

The case of Mr.. Quay continues to excite
interest In political and official circles of
washington, the question being the likeli-
hood of the Senate seating him upon the
appointment of the governor of Pennsyl-
Vania after the legislature had failed to
elect United States senator As hereto
fore explained, the precedents of the Sem
ate are opposed to seating d senator under
such circumstances.
But the politicians are figuring on the
possibility of the Senate oyerturning the
precedents end takirg in Mr. Quay There
Is no law nor yet an iron-bound rule
against such action, and it is appreciated
mat personal influences may affect the de-
clslon IN this case. Each Senate is judge
of the qualifica tions of its own members,
ana the ruling of preceding session need
not necessarily be binding upon a subse-
quent one.
Recent Precedents.
The recent precedents are so familiar that
1t Is needless to more than refer to them.
The cases of Mantle from Montana Allen
from Washington and Beckwith from
Wyoming in 1893 ana Corbett from Oregon
in 1898, were decided against seating a
senator appointed under circumstances SIM
liar to Mr.. Quay's.
1t must he remembered, however that
many republicans voted in those cases in
favor of seating the governors appointees,
ana some democrats voted that way also.
/ ne preCedentS were established by the aid
of more democratic votes than repuhlicln
The complexion of the next Senate will be
entirely different from the bodies which set
those precedents. There Will be no stulu-
hcaton of the Senate, it is claimed, in the
old republicans who voted in favor Of
seating then inducing the new republican
memoirs of the Senate to follow them in
d similar course at the next session
Of the fifty-one straight republicans who
Will be in the next Senate only seven have
records of voting against seating "A recess
appointee. OF the republican membership,
eleven voted to seat Mantle. four demo-
Gratis who viii be in the next Senate voted
that way also, well as four silver repub-
means. Proceeding upon the assumption
that the old lines will be drawn again. MIR.
Quay will have to lind twenty-fouT votes to
seat MN, to be secured from the thirty
three republicans who have entered the
Senate since the Mantle case was decided.
The Gppositfon.
Strenuous opposition will be made to an
effort to admit him on the governors Ger
tificate by those who have taken their
stand on the constitutional question invoIv-
ed. They include some of the ablest men
in the Senate, and on the other hand there
are constitutional lawyers of admitted abl-
ity who will take the opposite side.
There is a lingering belief in some quar-
tiers that the case of Mr.. Quay, in its final
settlement, will be affected by political con-
siderations. shared by both democrats and
republicans, together with personal shad-
inCs, and that many gentlemen on both
sides may modify their constitutional views
in this instance at least. The outcome is
awaited with interest by politicians.
Senator McMiiIan's Views
Senator Mcmillan of Michigan was with
the President some time today. The sena-
tor was asked to the probable status of
Senator Quay when Congress meets again.
There have been four or five precedents
cumstances," said the senator, but l do
not believe they will hold" 1t is said today
that Senator Quay's chances of being seat
ed this winter are better than those of any
man who applied for admission under sim
liar circumstances. This is owing TO the
fact that the republicans will have a large
majority in the Senate when Congress reas-
se1nbles and they may relegate to oblivion
the precedentS of other cases. Should this
be done in the case of Senator Quay. how
ever, most peculiar situation of affairs
would develop as to Utah and Delaware
Both OF these states have failed to elect
senators. Delaware has republican legis-
Iature and democratic governor The
democratic governor would no doubt ap-
point a democrat from Delaware and the
Senate would be forced to accept him. on
the other hand, Utah has a democratic
legislature and a republican governor
should TINS republican governor appoint a
republican Delaware would be offset Cali
fornia also failed to elect a senator but a
republican would be appointed from that
state