The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-02-24
QUAY CASE
TAKEN UP
In SENATE
after a sharp parliamentary Battle
Of Giants by a
Vote Of
.TWENTY.EIGHT.
Senator Scott Was Paired With Talia-
ferro, But Was In Favor
of Quay.

WASHINGTON, Feb. 2S.-To-days s
session OF the senate was unusually in-
terestIng from the very beginning. In
spite Of vigorous and influential OppOsl-
tion, Mr.. Penrose. of Pennsylvania,
succeeded in getting the Quay case be-
fore the senate. and during the after
noon three notable speeches were deliv-
cred.
After sharp parliamentary squab-
BILE, Mr.. Penrose moved that the reso-
luton involving the seating of Senator
Quay be taken up for consideration.
Mr.. Cullom desired It to be under
stood that whatever might be done with
the case, he would not consent TO the
displacement Of the Hawaiian govern
ment bill as the unfinished business.
Mr.. Penrose replied that while he had
no intention Of interfering with the un-
finished business, he desired to inform
Mr.. cullOm that he proposed to press
the question of privilege II he should
be forced to do so.
After, some sparring, Mr.. Hale taking
n leading part in the opposition to the
Quay case dlsplaclng other important
matters, the chair ruled that only by
unanimous consent or a majority could
the Quay case be taken up,
sparring.
Mr.. Foraker, of Ohio, then endeav-
ored to get Mr.. Penrose to say he
moved to take up the case only to af-
ford Mr.. Daniel Cva) opportunity to
address the senate upon It, but Mr..
Penrose replied, with some spirit:
81 disagree entirely with the senator
from Ohio I have not called up this
case merely for the purpose suggested.
/ don't know whether one, two or more
senators desire to speak. desire to
say that 1 disagree with the intimated
ruling OF the chair that a question OF
the highest privilege must be taken up
by unanimous consent or by vote Of the
senate. This question takes precedence
OYER every ether orie-eYep oyer the ln=
sl!hIsitSd D0SlntsE I ~ - u etesl
this question to an early solution. I
don't care to impede the unfinished bus
mess, but propose that the question
shall have its full recognition. The
whole case can be discussed, as to set
speeches, in n few hours, and as to
desultory discussion in three or four
days"
Mr.. Foraker said he had no DISPOSE
tlon to antagonlze consideration Of the
case, with which he was in full sympa-
thy. He announced that he expected
to vote for the seating of Mr.. Quay
when the opportunity should arrive.
Mr.. Aldrich then tried his hand ~
getting Mr.. Penrose to agree That the
case be taken up merely to enable the
senator from Virginia to speak. but
Slr. Penrose emphatlcllly refused to
submit to any conditions, and on a yea
and nay vote carried the day, the Quay
resolution being taken up by q vote Of
"a to 2s, as follows;
The Vote.
Yeas-Alllson, Bate. Beveride, Carter,
Chandler, Clark, of Montana: culber-
son, Daniel, Davis. Depew Fairbanks,
Foster. Gear Hansbrough, Hawley,
Hoar, Jones, Of Nevldl; Kenny. Nc
Comas, McEnery. McLaurIn, Martin,
Morgan. Nelson. Penrose. Perkins. Pet
tIgrew. -Pritchard, shoup. Stewart. Tai
iaferro. Vest. Warren. Wolcott-24.
Nays-Aldrich, Burrows. Butley, Caf-
frey. Chiffon. Clark, OF Wyoming:
Cockrell. cullom, Foraker Galllnger.
Hale, Hannn. Harris, Jones, of Arkun-
saE: Rean. Lindsay. McCnmber. Nc
MILAN, Pcttus, PIatt. OF Connecticut;
Proctor, Quarles, Rawlings, Ross, ST.
mon, Teller, Tlllman. Turner's.
The following pairs were announced:
Clay with Lodge dodge In favor Of
seating Quay. but against tnklng up
case now; Daboe with Mallory (no
abatement OF pOSitlnn): Frye with Ber-
ry Cno statement Of pOsItiOnl; Mcbride
with Money (McBride against, Money
for); Tallaferro with ScottC both In fa-
vor OF Quay. Tallaferro voted: Thurs
ton and Allen (no statemnnO: Watmore
with Bacon (nO stntemenO; Sewrll with
WELLINGTON (sewell for); Platt, Of New
York, and Heitfeld Piatt for).
Mr.. Daniel.
Mr.. Daniel (va) then addressed the
senate in support of Mr.. ouay'S right
to a sent. The more he had studied
the question, the more Thoroughly he
had become convinced that under the
constitution n senator appointed by
governor was clearly entitled to his
seat.
Mr.. Daniel also held that the weight
Of precedent was largely in Quay's IA
vor. Concluding, he said;
"Tho senate IL at once a legislative
body, an executive body and n judi
clnl body. When hear senators say
that we should lay aside this matter
no that n Hawaiian bill or n Puerto
RIcan bill, or any other bill, shall be
considered, It seems to me that senator
has not risen to his proper dignity, and
that he Is not treating his brother sem
ator ms he ought TO be treated, when he
Is knocking at the gate Of the body
with rs perfect credentials as his own.
I shall never vnte-unless, indeed, in
some great public exigency when every
thing else must give way-to postpone
the credentials OF a senator to any other
consideration Of public policy. The
first step in the organization OF n body
is 10 ascertain who arc its members. Ac-
cordlng to the constitution II has been
ascertained that We are members OF
this body. But there Is one who has
ns much right in this senate, according
to my Judgment. aS any one who has
pllcldly voted 10 postpone his case, ana
let him cool his heels. waiting to be
heard / shall vote In this case as
voted in al other similar cases"
At the conclusion Of MFR. Danlefs