Evening journal., 1900-04-24
KENNEY WANTS
QUAY SEATED.
And Makes Strong Speech in
PennSylVanian'S Behalf.
GOV. TUNNELL WILL APPOINT
He May Name a Senator From Delaware
Tomorrow if Matthew \. Quay
is Seated.
GOV. TUNNELL WILL APPOINT

If the Senate of the United States
this afternoon seats Matthew Stanley
Quay, OF Pennsylvania, Governor Tun-
nell will name a second United States
senator for Delaware tomorrow.
This was the information which
came from Governor Tunnel through
leading Democratic politician this
morning.
The governor has the man selected,
| it is said, and as soon as the Senate
decides that IL can admit a member
after a State Legislature fails to elect,
as is the case in Delaware, he will
announce his appointment.
SENATOR KENNEY SPEAKS.
In the United States Senate yester-
day afternoon the Quay case was dis
cussed for perhaps the last time.
Senator Kenney. of Delaware, was
one Of the speakers. He has always
been an advocate of the seating of Mr.
Quay, and his speech in. support OF the
Pennsylvania yesterday afternoon was
strong in his support.
He said in part:
In the case now before the Senate
there is no charge against Mr.. Quay
and by all 1t is admitted that hhe sole
lquestion is, was the appointment Of NJ
S. Quay by the governor Of Pennsylva-
mia legal or not, and is, therefore
wholly legal and constitutional Ques-
tion.
The answer can only be found in q
Just and proper construction Of the
Constitution and political convictions
cannot and must not enter into its
consideration. Former action by the
Senate in cases like the one now under
consideration cannot be held to bind
members Of the present body for the
reason each senator is bound under
his oath to support the Constitution
land he alone is to pass upon its mean
ing as understood by himself-an.
others construction is not to bind hin
nor furnish him with an interpreta
ton contrary to his own understand
ing Of that instrument.
The Senate owes its existence to th'
Constitution, and the mode of choos
ing the members thereof and of fllini
vacancies is alone prescribed by tina
instrument.
7 Section of article Of that Consti
e tuition provides that: "The Senate q
| the United States shall be composed @
two senators from each state, chose
y by the Legislature thereof. for 81
{ years"
1t was obvious, however, that va
cancies might occur which would dc
feat the intent OF always having tu
y senators from each state, and. there
fore, we find in the same article thi
further provision: IF vacancies haI
= tpen by resignation, or otherwise, dun
ing the recess Of the Legislature {
any state. the executive thereof ma
make temporary appointments unit
D the next meeting of the Legislature
which shall then fill such vacancies"
The governor of Pennsylvania d,
I rived his power, If any he had I
make this appointment to fill the Va
q cancy from this clause of the Constih
5 tion, and on its just construction rest
the answer to the question.
INTENT SHOULD GOVERN.
e In considering this clause we mui
( seek for the intent of those who mad
/ il. We must not lose sight of the fai
d that it is the ConstitutiOn-the organ
u law of the county; that it was n,
made to cover details, but by generi
d, provisions to extend over hundreds
l. Years and thousands Of cases. the di
ferences of which could not be 70
le seen. Construction docs not mean
q hinder but to help. and the law charg'
rs us to remember this in seeking the gel
eral intent and purpose in the col
struction of the Constitution.
In construction when doubts exi
the context is to be looked at, and
" no violence is done to the fair meal
10 ing of the word or clause you can a
s the purpose shown by the context "
,- ara bound tO cCugtruo IL