The age-herald., 1900-01-24
THE MAJORITY
 OPPOSES QUAY Senate Committee Renders Ad-
 verse Report VOTE STOOD FIVE TO FOUR The Report Appeals to the Senate to Stand by the Constitution
 and Not Seat the PennsyIvanian
VOTE STOOD FIVE TO FOUR

Washington, January 23.-TEe reports of the committee on privileges and elections in the case Of M. s. Quay. who claims a seat in the United States senate on the strength of an appoln ntment fcom the gov eror of Pennsylvania, were presented in tile senate today. The majority report op- posing the seating of Mt. Quay was signed by Senators Gallery, PeUsus, Hurley, Har- rls and Burrows. the last named the only republican signing 1t. The minority report bears the sdgnatur of Senators Hoar, Chandler, Pritchard and McComas, al re- pIbl!cans, and advocate giving the seat 10 MT. Quay.
 The majority report first reviews the cir cumstrnces under wGlbcn Quays appoint mtmt was made, including tine failure of the Pennsylvania legislature to elect a sen- ador. It then says:
 The majority report first reviews the cir cumstances under which Quays appoint ment was made including the failure of the Pennsylvania legislature to elect a senator. It then says:
 After a vacancy in the office of United States senator occurs, or comes to pass, if the next legislature does not fill 1t, it con- tlnutS u SAlSt. l Hc oleilc SAcSuliN0 10 given power to make temporary appoint | ments in case of a vacancy not as long as it continues to exist but only until the next meeting of the legislature. which is then required to fill the vacancy. This clearly means that the paramount intent to have the legislature choose the senator is to prevail, and that whenever the 1egisla- ture has had the opportunity to fill the va .1fAl. h, executive has no power to appoint. And when we take the phrase If va- cancies happen by resignation or otherwise during the recess of the legislature of any state,' if we concede that the general word otherwise is not qualified nor limited by the specific word resignation and that 1t includes vacancies which are caused by effiux of time and which can be foreseen as well as vacancies which are caused by casualty or the happening of an unexpect- ed event and which cannot be foreseen, still it must be construed and defined with re- ference to the balance of the phrases so as to give effect to all its part; and it thus results that the vacancy, no matter how 1t is produced must happen, take place, or begin during a recess of the legislature, and this of itself would be decisive against MT. Quays claims"
 Affords Every Facility Continuing, the report says: Thus con- Strued, thiS clause or tne cOnStWutiOn ar fords every facility for always keeping the senate filled with senators who the real representatives of thedr respective states. senator who is chosen by the legislature of his state is likely to be the choice of the majority of the citizens of his state senator who is appointed by an executive is frequently only the personal or political favor of the executive.
 1.-The legislature, as we construe the clause, chooses the senator in the first in- stance. If he declines to serve or dies be- fore he is dnducted into office, or If, after qualifying, he dies, resigns or Is expelled, the executive may make a temporary ap- pointment until the legislature which is au- thorized to fill the term at its commence ment, cannot meet until after the term has commenced, the executive can also make temporary appointment
 Every contingency ds thus provided for except the sole contingency that the legis- lature will fail to perform its sworn duty. Against a contingency of this kind the 
 Continued on Third Page.)