The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1900-01-24
Report Of Quay Committee

1NHVA " VN"s
WASHINGTON, JAN. 23.--rhe reports
Of the committees on privileges and cleo
tions in the case OF NJ. S. Quay who
claims q seat in the United tsates senate
on the strength of an appointment from
the governor Of Penneyivaia, were pre-
setod in the senato today The majority
report, opposing the seating Or Mr.. quay,
was Signed by Senators Cafery Pettus,
Turley, Harris, and Burrows, the last
named the only republican signing t..
The minority report bears the signatures
OF Senators Har, Chandler, Prttchard,
and McComas, all republicans, and advo-
Gates giving the seat TO Mr.. Quay.
Tho majority repirt first reviews the
circumstances under which Mr. Quays
appointment was made, including the fai-
lure OF the Pennsylvania Legislature to
elect senator. ~ then says.
AFTER a vacancy I'm the office of the
United states senator occurs or comes to
pass, II the next legislature does not
I'M st, 1t continues to exist Et rs the
same vacancy not new one Now the
state executive IS given power to make
temporary appointment IN case of a va
caucy, not as long as St continues or ex-
lists, but only until the next meeting OF
the legislature, which IS then required to
MI the vacancy. THIS clearly means that
the paramount intent 20 have the lcgis-
lature choose the senators rs to prevail
and that, whenevr the legislature has
and that whenever, the legislature has
edthor before or after it occurs, the execu-
tive has no power 20 appoint. And when
ne takes the phrase w vacancies happen
by r. slgnation or otherwise during the
recess OF the legislature OF any state,
II we comcade that the general word
Otherwise" IS not qualified nor limited
by the specific word resignation and
that it Includes vacancies which are
caused by efflux Of time and which can
Sc foreseen as we'll as vacancies which
are caused by casualty or the happen
ing Of an unexpected event ana which
cannot be foreseen, stnl # must be con-
strued and defined with reference TO the
balance of the phrase so as to give ef-
feet TO all its parts; ana IL thus results
that the vacancy, no matter how Il pro-
duced, must happen, take place, OF be-
gin during a recess OF the legislature and
this OF itself would be decisive against
Mr. Quays claim"
MINORITY REPORT
-Tle minority report takes the opposite
vaiew Quoting setion 3, article ! OF the
constitution. the minority says that the
failure Of the governor TO call the legisia-
ture together to elect senator does not
act TO deprive the governor OF the power
OF 8ppointmnt. Referring 20 the consu-
tutional provision the question is asked;
Docs the language of the constitution
OF the United tsates mean just what the
constitution OF the commonwealth OF ePnn-
slyvani says In case OF a vacancy in
the office OF United tsates senator in a
recess between sessions. or does Il mean
that the vacancy must be one which
comes by chance, so that Il does not ap.
ply at all to the case Of a vacancy at the
beginning of term. which does not
come by chance but is foreseen and in
evitable7"
The question IS answered as follows;
"If the words have the former meaning
then all distinction between cases where
an legislature has been dn session and
those where a legislature has mot been in
session between vacancies at the begin
ming OF term ana vacancies beginning
a0ter the term Itself has begun and the
office for that term once nlled. are
without Importance We think that the
former ds the true meaning of the con
sutution We think that it was the in
tent Of the constitution 10 provide. as far
as possible, that every state should have
two senator's.