The Portland daily press., 1900-02-27
Hawaiian Bill Brings Out Live
~ Discussion.

Washington, February 26.-Formal dis-
oussion Of the right OF former Senator
Quay to seat In the Senate as member
from Pennsylvania, was tegun BY MIR.
Hurley Of Tennessee. He presented q con
stitutional argument against the seating
of Mr.. Quay. which was given CLOSE at
tention by his colleagues. be will con-
clude tomorrow. Consideration Of the
Hawaiian government bill brought out
a lively discussion between Mr.. TILL
man Of South Carolina and Mr.. Spooner
Of Wisconsin, in which the former ad.
mitted that ballot boxes had been stuffed
and negroes had bsen shot In the South
to maintain white domination. An
amendment was made to the bill striking
out the property qualification Of voters
for members of the legislature, but little
other progress was made.
At the opening Of today's session Mr..
Frye Of Maine reported from the commit
tee on commerce the ship subsidy bill. He
announced that q written report would
be presented later to accompany the bill.
When the Senate concluded its routine
business, Mr.. Turley of Tennessee, called
up the resolution reported from the COM
mittee on privileges, and elections to the
effect hat the Hon. M. S. Quay was not
entitled to q seat In the Senate as Sena-
tor from Pennsylvania. MIR. Turley pre-
pared the majority report Of the commit
tee on the resolution and spoke therefore
In opposition to the seating Of MIR. Quay.
'If there ever was case" he said, "in
which a governor Of state under the
constitution without power to fill the va
cancy 1t 10 this one. The action Of the
governor was In the teeth Of every pro-
position of every constitution hearing
upon the subject.
Mr.. Turley agreed that the representa-
ton In the Senate ought at all times to
be kept full, but he did not believe that
trainers of the constitution had intended
deliberately to confer upon somebody
else the duty to fill the vacancy In case
the legislature failed to perform its duty.
Mr.. TURKEY entered upon a detailed dig
cussion ofthe constitutional and technical
points involved In the case his desire be.
ing. he said, to prevent every legal phase
Of the question.
Mr.. TurIsy discussed the provision OF
the constitution bearing upon the vscan-
Giles In the Senate In tire course Of which
Mr.. Hoar Of Massachu sets
inquired whether 1t Was not fact that
the constitutional convention had not
voted unanimously for provision plac-
ing no limitations upon the governor to
appoint q Senator when . vacancy
existed,
This Mr.. Turley admitted. Then Mr.
Hoar quoted the record OF the oonstitu-
tional convention to show that the change
had been made on motion by Mr.. Mad
ison, not with purpose Of limiting the
power of the state executive. but for the
purpose of eliminating any doubt as to
the reasons for q vacancy.
In reply Mr. Trrley commended that II
this CLAUSE Of the constitution was the
only provision under which Senator
could resign, then 1t was implicitly q
with holding of tha right to resign from
the members Of tbs House Of Rspressn-
tatives.
al say that 1t were better for us to have
many vacancies In this Senate than that
we should have these disgrscsful contests
that are now becoming so common" said
Mr.. Turlsy, "far better for the welfare
of ths country and the safety Of therepub-
lilo that every state he notified In Ian
gnaRs that cannot be mistaken. that its
permanent representation In this b ody
shall depend upon 1t elsctiDg legislature
that will do It's duty"
"Does not the Senator absolutely loss
sight Of the fact" inquired MIR. Penross
Of Pennsylvania, "that In some iegis.
lstuTes there exists an absolute inability
to elect Senator on aoeouns of the large
representation In the Legislatures of three
or more parties. rendering 1t impossible
for one candidate to secure majority Of
the legislature.
al say that the belief that this Senate
10 not going to decide these contests upon
legal and constitutional grounds but
upon personal grounds. purely" re-