The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-12-17
URGES CALL OF
EXTRA SESSION
Administration COnSid-
erS 1t Necessary.
Special Dispatch to The Call

CALL HEADQUARTERS. YELLING
TON HOTEL. WASHINGTON. Dec 10
The Call correspondent learns from high
authority that as a matter of party eX-
pediency the administration is urging a
call of the Pennsylvania and California
Legislatures for the election Of Senators
from those two States. This means that
the President realizes the difficulty of
seating Quay and the party confusion
that would follow should the Governor Of
California carry out his expressed inten-
tons Of appointing Burns, who is so OBJ
Jecuonable to many leading Republicans
from that State.
While the administration has thus far
taken neutral position in relation 70
Quays case. Senator Hanna has lately
expressed the opinion to other Republican
leaders that IT would be advantageous 10
the Republican party If the Senate avoid
vote On the Quay case. Senator Aldrich
is also understood to be OF the same
opinion, and the influence of many Of the
leaders Is now being brought TO bear
upon Governor Stone in hope that he will
call special session of the Pennsylvania
Legislature in order that Quay may have
another chance to fight his battle at
home, and If he again fails the Republi-
can members of that body will be able
10 unite upon another Republican.
The battle of lawyers over the Quay
case was begun at the Capitol to-day,
when the Senate Committee on Privileges
and Elections listened TO arguments as to
the constitutional right OF the Governor
OF a State 10 appoint TO a vacancy hap
pening during the session of a LEGISLATURE
which failed TO elect. Pennsylvania poll
ucians appeared in large numbers at the
hearing. Former Senator Edmunds
Hampton, Carson and George Pharton
Pepper appeared in behalf of the members
opposed 10 the seating OF Mr.. Quay, and
State Attorney General Elkins in defense
of the Governors right to appoint and of
Mr.. Quay's right TO his seat. Arguments
were confined to the legal aspect of the
case.
The only sensational development of the
day was caused by Senator Penrose
Quay's earnest lieutenant Mr. Carson
was arguing when Mr.. Penrose interjected
an abrupt query whether Mr.. Carson and
his associates were not under pay of Mr.
Wanamaker. This Mr.. Carson indignant
ly denied. and Senator Penrose was made
aware of the improperly Of his question
by Senator Pettus Senator Penrose,
blushing In embarrassment, lapsed into
silence.
In his argument Mr.. Elkins contended
that sovereign State was at all times
entitled 10 full representation in the SEN
ate according TO the spirit and letter Of
the constitution. The intention of the
trainers OF the constitution was to keen
the representation of each State complete
and he maintained that the Governor
having authority to appoint Senator TO
fill vacancy caused by death, resigna-
ton. disqualification or expulsion. mad
also full power to appoint in case the Leg
islature failed Of its duty TO elect Former
Senator Edmunds declared that authority
TO make appointments was constantly be-
ing intrenched upon by executive power,
not only of States. but OF the nation itself
The President, he said, was exercising
such power by making recess appoint
ments of men who had previously been
rejected by the Senate. This he regarded
as dangerous, and he urged the Senate to
take n firm stand against such usurpation
of power as protection 10 itself
Mr.. Edmunds maintained that tho va
cancy having occurred during the session
OF the Legislature. and that after the va
cancy had occurred the Legislature had
endeavored but failed to elect, the Gov
ernor was barred from exercising his con-
right to appoint.
After hearing the arguments the COM
mittee adjourned without attempting TO
consider its report, announcement being
made that a meeting for that purpose
would be called for the first Friday after
the holidays. 1t may be accepted as a
foregone conclusion that an adverse re-
port will be made by the committed There
will be minority report in favor OF seat
ing Quay. signed by Chandler, Hoar.
Pritchard and McComas The uatorffy,