New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-27
SEATING OF QUAY OPPOSED
A CONSTITUTIONAL ARGUMENT MADE
BY SENATOR TURLEY.
rBy TELEGRAPH TO THE TRIBUNE. ]


Washington, Feb. 26-No contest necessary
to get Mr.. Quay's case up to-day in the Senate,
both the advocates and opponents Of his admission
a Governors certificate being willing apparently
live up the understanding that debate for the
present shall be confined exclusively to the morn
ing hour. Mr.. Turley, of Tennessee, who wrote the
adverse report of the Committee on Privileges and
Elections, made interesting argument in sup
port of its contentious. Mr. Quays title. he main
tanned. not recognized either by the Consti
tuition by the great of precedents estab-
lished by the Senate itself in settling questions Of
eligibility and privilege. Not since 1925, Mr.. Turley
asserted had the Senate once admitted claimant on
such credentials as Mr.. Quay presented, and
versal of precedent demanded neither by
constitutional scruple public policy. The Ten
nessee Senator will continue his speech tomorrow,
If Mr.. Depews address on the issues raised by
American sovereignty in the Philippines does not
absorb the most of the morning hour.
In opening his argument Mr.. Turley said no case
exactly similar TO the present ever before
the Senate He recited the well known and ad-
mitted state of facts regarding the Quay case
Then he said:
of State was under the Constitution, without
lion of the i Goyer8or Was in the teeth of every
provision OF the Constitution bearing upon the
subject.
He pointed out that the vacancy had occurred
during a session Of the Legislature. The Legislat-
remained in session time after the
cancy existed yet it failed to fill the vacancy, and
| Immediately the adjournment of the Legislature
| the Governor appointed Mr.. Quay Mr. Turley
agreed that the representation in the Senate from
| each State ought all times to be kept full but
he did not believe the trainers of the Constitution
| intended deliberately to confer on somebody else
the duty to fill the vacancy In the Legislature
| failed to elect. He continued:
When the legislators fail to perform their duty
the whole fabric Of our Government falls to the
plated the people themselves performing their po-
Htical duties and the legislators performing the
sible to coerce the Legislature or to coerce the
people, and when they fail of their duty it is a
place where our system breaks down.
Mr.. Turley then discussed the constitutional and
technical points involved in the case. his desire
being, he said, to present every legal phase of the
question. He pointed out that the Legislature of
Pennsylvania was in session almost two months
| while the vacancy in the Senate existed and yet
by the only power in the circumstances which
could fill the vacancy it not filled, simply be-
cause the Legislature failed to perform it's sworn
duty.
Mr.. Hoar inquired whether it was not a fact that
the Constitutional Convention had voted unani-
mousy for a provision placing no limitations
on the power of a Governor to appoint a Senator
when vacancy existed.
This Mr.. Turley admitted. Then Mr. Hoar quoted
the record of the Constitutional Convention to
show that the change had been made on a motion
by Mr.. Madison, not with purpose of limiting the
power Of the State Executive, bat eimina tie
any doubt as to the reasons for a vacancy.
In reply Mr.. Turley contended that if this clause
of the Constitution the only provision under
which a Senator could resign. then it was i'm
phcltly Withholding of the right to resign from
the members of the House of Representatives
After some further technical discussion Mr. Tur.
ley said:
vacant seats in this Senate than that should
cojne n GO contests that are now be
the country and the safety of the Republic thai
very STATE be notlhed In language that cannot
2e bod1 b, fha{ It's mt representation il
Iature that will do its duty.
Does not the Senator absolutely lose sight NJ
the fact" inquired Mr.. Penrose that in som,
Legislatures there exists absolute inability t.
elect Senator on account of the large repre-
sentation in the Legislature of three or more par
ties rendering 1t impossible for one candidat,
TO secure majority of the Legislature?'
Il say that the belief that this Senate is no
going TO decide these contests upon legal and con
stitutional grounds. but upon personal grounds
purely" replied Mr.. Turey, has greatly to d,
with the number of contests brought here Let I
once be understood that these are not persona
questions, and the bringing Of contests here will
soon cease. In my experience 1 cannot now recall
an honest division of a Legislature on partv lines
There are nearly always three or more ambition
candidates of the same party who create all tn
trouble"
Further along Mr.. Turley said in reply to ques
tons
J In not single instance in seventy-Ave year
pointed by the State Executive after the Ieeislaf
ure had had an opportunity elect and never /,
the history OF the Government has a candidate
been seated when the vacancy occurred during tn
session OF the Legislature.
At o'clock the unfinished business-the Hawaiian
Government bi-was laid before the Senate Mr.
TurIey yielded the floor. desiring to conclude to
morrow.
Il shall object 10 this being laid aside" sal
Mr.. Hoar 81 ask unanimous consent that II b
postponed"
II was so ordered.
SHIPPING BILL IN THE SENATE
Washington. Feb 26.-At the opening OF to-day.