The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-24
Ola S APpOLN1MENr.

Gov. Stones action in appointing Mr..
been described as usurpation of
power and since the governor is Mr..
Quay's man, 1t is deemed equivalent to
the ex-senator's appointing himself.
The latter fact naturally aggravates
the offence in the estimation of some
observers. However that may be, there
seems no reason to doubt that Quay
intends to accept the appointment and
rely upon his personal popularity
among both republicans and democrats
to offset the precedent established by
several recent decisions of the Senate,
Fand regain his lost position in that
body. s...s
Both the constitution of the United
States and the constitution of Pennsyl-
vania have something to say on this
point The words of the federal consti-
tuition are: 'If vacancies happen by
resignation or otherwise, during the re-
cess of the legislature of any state the
executive thereof may make temporary
appointments until the next meeting of
the-legislatu re, which shall then fill the
vacancies. This language would seem
to. ,besa reasonably explicit, and it has
been several times interpreted to ex-
clude the appointment of a senator
when a legislature spends a session in
fruitless endeavor to elect Cor not
elect a senator and adjourns without
action; as ip. Pennsylvania. Such de-
cisions have recently been given by the
Senate against appointees from Wy
oming, washington and Oregon. The
argument briefly was that the vacancy
did not occur during a recess of the leg
islature and there was nothing acct
dental, unforeseen or unavoidable about
it. such as the language of the consti-
tuition implies.
Under the state constitution, the case
against Quay seems to be quite as
strongs- because of a provision for call
ing a special session of the legislature
to fill vacancies in the Senate. There
have been decisions in various cases
under the federal constitution which
lead some to claim that the presidents
are conflicting, and that the several
cases have been determined upon
grounds that were personal or peculiar
to the individual instance. Then, too, it
may be urged. that as the Senate is not
a judicial body. it is not bound by pre-
cedent but may decide each case as the
10
pedient. This may seem sophistical
argument, but it is seriously advanced
by Mr.. Quay's friends The provisions
of the Pennsylvania constitution, how
ever, seem to create a new phase Of the
question Vs.
Inasmueh as three other states have
vacancies in the Senate to fill, there are
hints of combination between Della
ware, California, Utah and Pennsyl-
vania politicians to secure the admis-
sion of a senator by appointment from
each. In every instance, save possibly
Utah, the appointee would be a repub-
lican. The obstacles to the realization
of this scheme. are the conservatism of
the Senate in matter appertaining TO
its own regulations and preeedents, and
the fact that the republican majority is
large enough for all practical purposes
without the addition Of three or four
more. Quay. however, has grit enough
to make the fight alone, and the outlook
is that he will make it, whether he has
assistance from the other half-repre-
sented- states or not.