The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-04-23
new POINTS
Raised Against N. s. Quay by
Senator QuarIes.

Washington, April BIN the senate to-
day, Mr.. Quarles (Rep., Wis., took strong
grounds against the seating of Mr. Quay.
While the Wisconsin senator has address
ed the senate briefly, once or twice be-
Tore, this was really his maiden effort be-
lore the body and attracted attention. not
only on that account but also bv reason
OF the ideas he advanced as to the author
ity congress may exercise over the cleo
non OF both senators and representatives
de urged that Mr. Quay should not be
seated, Tor If he We're, a new precedent
Judlcation would be disturbed.
In the course of an extended constitu-
tioudl argument, MI QuarleS developed
some new points against the seating of
Mr. Quay, but his chief contention was
t tlal the consttutIon did not admit of
me interpretations placed upon It by the
friends of Mr. Quay. He argued further
that in this particular case the COVER
nor not only had no constitutional right
TO make the appointment but that in
making 1t, he violated the law of Penn
SyiVanfa This he claimed the senate was
bound to take cognizance of in its consid-
Grafton of the case. Discussing the aU-
thority of congress to regulate the cleo
uon OF senators and representatives, Mr..
Quarles said:
Under the last clause of section 4. con-
plete regulations as to time and manner
OF elections, and thus TO displace all local
alter state regulations.
Congress has never found It necessary
TO exhaust its power by debating to the
states the time when senatorial vacancies
should be filed. It may seem startling
at first blush. that congress may prescribe
to the states the time when legislatures
shall convene. but reference to the de-
bates will dispel all doubt that this is
exactly what the convention Intended and
Insisted upon insofar as might be neces-
sary to insure elections of members of
the second house.
The power of congress under the con-
stitution to provide the time for legisla-
tive action on senatorial vacancies can
not be doubted. It would be competent
for congress to enact the very provision
that Pennsylvania has put in its consti-
tuition practically requiring all vacancies
to be promptly filed by the 1eRisIafrlre
Suppose the very language of the Penn
sylvania constitution had been employed
by act of congress in making regulations
for such election and the governor Of
Pennsylvania had openly defied such law
by refusing to issue his proclamation and
had assumed to make a temporary ap-
Polntment- How many senators on TINS
floor would vote to seat this nominee and
let the law so deprive the legislature OF
its lawful function?
What Governor Stone has done his sue
cessors may do and when this senate has
once fixed the seal Of its approval II VIII
require less hardihood on the part OF sue
ceeding governors. There viii be the pre-
text of example added to the temptations
rary appointment viii swell the regular
patronage of the executive office and the
constitution of Pennsylvania will forever
remain a dead letter
I'VE are told upon this floor that local
political conditions were such as to justify
a disregard of the constitution: that an
other session of the legislature would
have been barren of results, and there
fore the governor was warranted in null
lifying the organic law. This is the spe-
cious plea Of every man who finds it con-
venient to break the law. This strips the
law Of its sanctity. Constitutions are
made to be obeyed by governors as we'll
as bv other men, Laws become mock
cry if they may be broken as often as the
law-breaker decides that no good purpose
would be subserved by their observance.
This chamber is the place where Law
should be sacred fer its own sake