The times., 1900-04-13
BURROWS OPPOSES QUAY
Argument Against Admitting The
Pennsylvania TO the Senate.
History of the Case Reviewed and
PrccedentS for Adverse Action
ator cited The Danger in Re
Nersing n Long Established Policy

Mr.. Burrows Of Michigan delivered
long speech in the Senate yesterday in
support Of the majority report of the Com
mittee on Privileges and Elections, de-
claring that Matthew s Quay is not en-
titled to seat in the Senate on appoint
ment Of the Governor Of Pennsylvania.
Mr. Burrows began his remarks with
statement Of his regret that he was forced
TO differ with so many Of his associates
on the question, and as proof that he was
acting consistently in taking the ground
that he has on this case, he referred to-
his vote in opposition to the seating OF
Mr.. Corbett Of Oregon under what he re-
garded as precisely similar conditions.
He then recited the history of the Quay
case in detail. and after quoting the ap-'
pointment clause of the Constitution. the
meaning Of which he considered the main
point of discussion, he said:
One Question Involved.
THE sole question presented for the
consideration Of the Senate is whether
this vacancy, occurring on the 4th OF
March. 1899. in the manner stated, and
when the Legislature was in session, was
such a vacancy. within the meaning of the
Constitution. as the Governor Of the state
could supply by temporary appointment. If
it was. then the right Of Mr.. Quay to
seat in this body. by virtue Of the Gov
crnors commission, is unquestioned and
inquest ionable. II il was not, then such
appointment was wholly without authority
OF law. and the commission issued in pur-
suance thereof was utterly null and void. v
Referring to the remarks made by Mr.
Wolcott a few days ago in which he "ap-
pealed to the friends of Mr.. Quay TO come
TO his assistance, Mr.. Burrows said: /
have understood and supposed that he
qualifications for a United States S-l&icr
were prescribed by the Constitution Of re
United States requiring that ole should
have attained the age of thirty years Deen
nine years citizen Of the United States.
and an inhabitant of the State from Uhi q
chosen.
IT has not been my understanding that
in addition to these qualifications he
should possess the friendship Of the indi-
yidual members Of the Senate. or that II
he possessed these constitutional qualih-
cations that the personal likes or disllkes
Of the individual members OF the Senate
could in any way be invoked in determin-
ing the right to seat in this body. We
are admonished that Mr.. Quay has here
tofore been a member of the United States
Senate. but it has not been my under
standing that, in addition to age, citizen
shin. and inhabitaucy of the State. il wa;
also essential that one should have been q
member Of a previous Senate. | do moi
find il laid down in the Constitution, a:
one of the qualifications for admission &c
this body that a man should not only bt
Of proper age, citizenship, and a resident
Ill h~rr I'D
for or against the Force -biil- AT some ttmt
in the course Of his Senatorial career
MIR. Burrows described the confiicting
views that have been held by the two
sides as TO the meaning Of various words il
the appointment clause and said: 50
far as this case is concerned, it is mat
Ter Of utter indifference what construction
is 10 be put upon these words if the Senate
is to have the slightest regard for its Owl
precedents. as it is the established rule o.
the Senate founded upon an unbroken hn'
Of decisions-from the foundation OF th'
Government until this hour-that the Gov.
ernor OF a State has no authority TO make
temporary appointment to a vacancy IN thl'
body which occurred when the Legislature
was in session
Mr.. Burrows then gave a detailed l!9ory
! step by step Of the development OF 'ht
! .'aUnOlufmguf clause from US lLtt ftiIA q
I its final completion and embodiment in The
/ Constitution and declared that the tJlloN
/ ing express conditions must e.
! exist before the executive OF the Staia car
| exercise the power OF temporary appoint
ment:
! First. a vacancy must happen; second
/ n must happen during recess. and third
! It must happen by resignation or other
wise
"Only when these three things concur
and co-exist." he said. "can the executive
Of state exercise the power Of temporary
I appointment
Pr-cedcnts and Decisions.
Mr. Burrows quoted numerous prece-
dents and decisions bearing on the case
/ and said.
In she light. Of the plain terms Of the
Z Constitution and the pronounced opinions
7 Of some OF the most learned men evei
I holding seats In this body, it seems 10 me
/ the contention on behalf Of Mr.. QUAY
must fail utterly at the very outset, De
cause the Vacancy to which he is commits
STONED did not happen or take place dur
/ ing the recess Of the Legislature, bul
| when the Legislature was in session ant
J could FIJI. and is not. therefore. such va
. cancy as the executive is permitted undei
| the Constitution to supply
| Referring 10 the statement made by Mr.
| Spooner in his speech on the case, tha'
/ the Legislature Of a State may be 50 de-