The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-02-27
QUAY CASE
UP BEFORE
THE SENATE,
Opposition Developed Against Seat
.ng Of q Senator Appointed
By a Governor.
BEING WITHOUT PRECEDENT
without Definite Action the Matter
was Postponed and the Ha-
waiian Bill Taken Up.

WASHINGTON. D. c.. Feb. 2s.-For-
NAL discussion of the right Of former
Senator Quay to seat in the senate rs
member from Pennsylvania, was be-
gun to-day by Mr.. rirley, (Tenn.) he
presented a constitutional argument
AGAINST the seating Of Mr.. Quay which
was given close attention by his eol-
leagues. He will conclude his speech
Tomorrow.
Consideration Of the Hawaiian gov
ernmcnt bill brought out a lively dis
cusslon between Mr.. Tillman, IS. CO,
ana Mr.. spooner, Cwis), in which the
former admitted that ballot boxes had
been stuffed and negroes had been shot
IN the south to maintain white domino
tlon. An amendment was made to the
bill, striking out the property Qualihca-
tton OF voters for members Of the leg
islatnre, but little other progress was
made.
When the senate had concluded It's
routine business, Mr.. Turley, CTenn),
called up the resolution reported from
the committee on privileges and cleo
tIons to the effect that the Hon. N. s.
Quay was not entitled to a seat in the
senate as q senator from Pennsylvania.
Mr.. Turley prepared the majority re-
port Of the committee on the resolution
and spoke therefore in opposition to
the seating Of Mr.. Quay. In opening
his argument he said no case exactly
similar to the present one was never
before the senate. BE reeited the
wen known and admitted state Of facts
regarding the Quay case. Then he said;
III there ever was a case In which
the governor Of a state was, under the
constitution. without power to I'll the
vacancy. 1t is this one. The action Of
the governor was in the teeth Of every
provision of the constitution bearing
upon the subject"
He pointed out that the vacancy had
l.nccuTred during session Of the legiss
I.Ipture. The legislature remained in
session some time after the vacancy
existed. yet It had failed to I'LL the va
cancy and Immediately upon the ad-
journment Of the legislature the COVER
nor had appointed Mr.. Quay.
Mr.. Turley agreed that the represen-
tation in the senate from each state
ought at all times be kept full, but he
ala mot belieys the trainers Of the con-
stltution had intended deliberately to
confer upon somebody else the duty to
fill the vacancy in case the legislature
failed to perform It's duty.
Mr.. Turley declared thHt the place
where our system breaks down was
where the legislature and the people
failed to perform their duty. He point
cd out that the legislature Of Pennsyl-
vanin vas in session almost two months
while the vacancy in the senate existed.
and yet had failed to perform its
sworn duty.
Mr.. Turley then entered upon tech
nIcaI decision OF the provision Of the
constitution bearing upon the vscan-
cies in the senate and concluding this
branch OF his speech, said:
"I say that It were better for US to
have many vacant seats in this senate
than that we should have these dis
graceful contests that are now becom-
ing go common. Far better for the
welfare of the country and the safety
OF tile republic that every state be mo-
tIned In language that cannot be mis-
taken. that its permanent representa-
tlon in this body shall depend upon IT
eiectiny legislature that win do It's
duty
''Does not the senator absolutely lose
sight OF the fact" inquired Mr. PEN
rose. CPennsylvania). that in some leg
lslaturcs there exists an absolute in
ability to elect a senator on account Of
the large representation in the legisla-
ture Of three or more parties. rendering
Il impossible for one candidate to Sc
cure a majority Of the legislature7''
"I say that the belief that this sem
ate is not going to decide these con=
tests upon legal and constitutional
grounds, but upon personal grounds
/ purely, responded Mf. IuTleyt mas
greatly to do with the number of con-
tests brought here. Let It once be un-
derstood that these are not poVsIble
questions, and the bringing Of contests
here VIII soon cease, In my experience
cannot now recall an honest division
Of a legislature on party lines. There
arc nearly always three or more nmbi-
tlous candidates of the same party who
create all the trouble"
Further along Mr. Turley said in re-
ply 10 questions:
I'm not one single instance in seven
ty-Rve years. has senator been Nd-
mltted here who was appointed by the
state executive after the legislature mad
had nn opportunity to elect; and never
lin the history OF the government has a
candidate been sented when the va
cancy occurred during the session Of
the legislature"
At . o'clock, by unanimous consent.
the Quay case was postponed and the
Hawaiian bill taken up.