The sun., 1900-02-27
Shipping Subsidy Bill Reported
to the Senate by
Mr.. Fray.
TURLEY ON THE QUAY CASE
He Declares That the Governor Ap-
pointed the Pennsylvania Sena-
tor in Violation of the Con-
stitutional lPIan---Work
of the House.

(Me.) reported from the committee on
commerce the shipping subsidy bill. He
announced that written report would be
presented later to accompany the bill.
The resolution reported from the COM
mittee on privileges and elections declar-
iag that Matthew s. Quay is not entitled
to seat as senator from Pennsylvania
was laid before the senate, and Mr.. Tur-
ley (Dem., Tenn.), who made the report,
addressed the senate. He stated the ma
terial facts in the case and said:
IF there ever was q case in which the
governor of Il state was under the provi-
sions of the constitution without power
to make temporary appointment to this
body, this is the ease. 1t is in the teeth
OF every provision of the constitution
bearing on the subject. The vacancy oc-
CURED while the legislature was in ses
sion, not during Il recess of the lcgisla-
ture. The legislature remained in ses-
sion nearly two months, taking daily bal
lots to fill the vacancy. The vacancy was
one that was foreseen; that happened by
the expiration of regular term; that
did not occur either by death, resignation
or any accident"
| Mr.. Turlcy went on to argue that the
| trainers of the constitution had not de-
| liberately intended to insert a provision
that if a legislature failed to perform its
| duty in choosing a senator somebody else
| should perform it,
"Far BETTER" he said, "would it be for
| the safety of the republic to establish
| the doctrine firmly and forever that if
I the legislature of state willfully and de-
liberately fails to perform the duty of
electing a senator the state should go un-
represented"
| In the House.
The house met to resume the debate on
the Porto Rican tariff bill. There were
few members upon the floor, but the lead
ers on both sides were active. Mr.. Payne
IN. ", the Republican floor leader, an
nounced that no compromise had been
made with the dissatisfied Republicans
and that there would be further confer.
ence. The leaders decided to extend the
general debate another day.
Mr.. Bartlett (Dem., Ga) then took the
floor with half hours speech against
the bill. He laid down as an elementary
principle of international law that when
ever a country, whether empire, mon
archy or republic, acquired territory by
conquest, purchase or treaty that terri
tory became a part of such country ant
subject to her laws. There was one con
ISOLATION, he said, for those who believed
this bill was unconstitutional. Whatever
this congress might do, however the.
might trim down. shade or override th'
| sections of the constitution, there was ;
! court which was the greatest that eve
3 sat upon a bench, and it would, if guidet
{ by prior decisions of chat grand tribunal
: hold to the indestructiblc principles o
the constitution, which were our onl.
safety and hope for the perpetuation o
the republic.
2 Mr.. Lanham Dem, Tex.) in opposin,
the bill declared that the Porto Rican
wore either Americans or aliens. Their
could be no such thing as separating
: and dividing the immunitics and priv
ileges of American citizenship. The in
habitants of the island, he insisted, wcr
entitled to unrestricted free trade witt
the United States. If an imperial polio
: were set up, it could but end in the down
, fall of the republic
y Mr.. Moon Dem, TENN also oppose
: the bill.
Upheld by Boutcli.
Mr.. Boutell Rcp., Ills) followed i
: advocacy of the measure. He called al
/. tcntion to the widely diverse opinion o
t its opponents. Mr.. Bromwell (0.) though
: it a bad fiscal measure. but sound const
8 tutionally. Mr.. Mccall thought it
good fiscal measure, but unconstitutiona
/, but said it remained for the gentlema
from Maine Q4ittetield), with the ire
e sistible torrents of his eloquence, t
b make the discovery that it was bad i
r every Enthusiastically constitr
e tionally, morally, spiritually and polit
= ically.
The Republican leaders, after a
hours consultation with Speaker Her
derson over the Porto Rican tariff bill
:, announced emphatically that the bi
e e would be modified and that as modified
i would pass. The changes which the leat
! ers have decided upon are further II
duction of the duties to be levied upo
: American goods imported into Port
= Rico and upon Porto Rican goods in
. ported into the United States from .
I, per cent of the American tariff as pr,
a a vided in the bill to 10 per cent.
- The bill is also TO be made temporar
Z in its character II is only to continu
~ in force until general law for raisin
II revenue for the island can be framed
Representative Tawncy of Minnesot,
the Republican whip, after canvassin
the situation, said that only five Repul
q lcan votes would be cast against til
,f compromise measure.