The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-27
QUAY'S CASE DISCUSSED
Senator Turley Speaks in Support
of the Majority Report.
An Argument ON the ConstitutiouaI
Question Involved in the Claim of
the Pennsylvnninn - Reference to
the Frequency of Contests nud
the Duty of State Legislatures.

! The Quay case was brought up in the
Senate yesterday at the conclusion of the
| routine morning business, and Mr.. Turley
/ submitted some remarks in favor Of the
majority report of the Elections Commit
/ tee. Great interest was manifested in the
| speech by those on the floor Of the Senate,
and the galleries were we'll filed with an
! attentive audience.
Mr.. Turley reviewed the circumstances
| under which Mr.. Quay received his ap-
/ pointment from the Governor Of Pennsyl-
| vania, and. commenting upon them. said:
I 1T will be seen that the vacancy which
| he has here attempted to provide for by
a temporary appointment was one which
vas foreseen. one which was caused by the
expiration OF a prior term, one which oc-
CURED while the Legislature Of Pennsyl-
vania was in session. and one which that
! Legislature had an opportunity OF hiling
| before it occurred and also after it cc-
CURED, in the interim between the date
Of the occurrence and the appointment by
the Governor"
Mr.. Turley referred to the argument
made by Mr.. Daniel last Saturday. in which
the latter insisted that whenever vacancy
exists during the recess of a Legislature.
no matter when or how it happened or
occurred, and no matter how often the
Legislature may have had an opportunity
TO fill it, the Governor may appoint.
A Constitutional Question.
The question involved he declared. "is
constitutional one. a judicial one. and
the Senate Of the United States is the
only court, the sole tribunal. which has
jurisdiction over it and power to settle it.
The Senate has had frequent occasion in
the past to consider the power of the
executives of States to make temporary
appointments to seats in this body. But
before going into the precedents thus es-
tablished l will, as briefly as is consistent
with the Importance of the question. con-
slider the provisions of the Constitution
bearing upon it. The Constitution of the
United States pertaining to this subject,
Article /. section 3. provides:
The Senate Of the United States shall be COM
posed of two Senators from each State, chosen by
the Legislature thereof for six years, and each
Senator shall have one vote.
Immediately after they shall have assembled
in consequence Of the first election, they shall
be divided equally as may be into three classes
The seats Of the Senators Of the first class shall
be vacated at the expiration Of the second year.
Of the second class at the expiration Of the
fourth year. and Of the third class at the expira
ton Of the sixth year, that one-third may De
chosen every year; and if vacancies happen by
resignation or otherwise, during the Of the
Legislature Of any State, the executive thereof
may make temporary appointments until the next
meeting OF the Legislature, which shall then
I'LL such vacancies.
Mr.. TuTley declared that when this Ian
guage is analyzed. giving to the words
therein their usual and ordinary meaning.
it clearly appears that the paramount and
controlling interest Of the trainers was:
First, TO give the States equal repre-
sentation in the Senate, which carries
with it the intent to always keep the Sem
ate full; second, to have the Senators
chosen by the Legislatures of the various
States; and third, to have all vacancies
In the office of Senator filed by the Lsgis-
latures.
But" he continued, "it was seen that
under our complex system Of national and
state governments vacancies might hap
Len or occur at times when they could not
be filled by the State Legislatures. and
that il provision was not made for such
contingencies the equality Of representa-
tion in the Senate might, for the time
being be destroyed; and to prevent this
evil the power to make temporary appoint
ments until the next meeting Of the Legis
VI
States"
Referring to the clause OF the Constitu-
tion which confers the power of appoint
ment on the State executive. he said Al
ter vacancy in the office of United States
Senator occurs or comes to pass, ii the |
next Legislature does not fill it, it con-
tinues to exist, and it is the same va
cancy. Now the State executive is given !
power to make temporary appointments in |
case OF vacancy. not as long as 1t con-
tinues or exists. but only until the next |
meeting Of the Legislature, which is then |
required TO fll the vacancy. This clearly |
means that the paramount intent to have |
the Legislature choose the Senators is TO |
prevail. and that, whenever the Legisla- |
ture has had the opportunity to fill the |
vacancy. either before or after it occurs. |
the executive has no power to appoint"
Mr. spooner Quoted.
Mr.. Turley quoted from the speech made |
by Mr.. Spooner, on the Corbett case. in /
which he stated that there is a difference |
between filling an anticipated and j real
vacancy. He argued that if the Leglsla-
ture were to fail to fill an anticipated va
cancy no one would think OF cOntesting
the right Of the Governor to fill that va
cancy, but that the case Of real vacancy
that the only conditions under which the
failure OF the Legislature to fill a real !,
existing during the time Of i ses-
sion would confer that power upon the !
Governor. would be in case the Legisla-
ture should refuse to elect or the people
should fail TO elect a Legislature.
As to the proper meaning OF the word
happen" Mr.. Turley said that even II the
Of that word were admitted to be
hose claimed by Mr.. Daniel the result J
would be the same. Applying these equ v
llents Of happen to a vacancy, he argued
hat a vacancy takes place, occurs. or
,omes to pass, at a fixed moment. and that
having done so it may continue Indefinite
y but it does not continually and mo-
nentarily take place, occur, nor come to
pass, again and again. Hence. he dec ared,
vacancy must begin or commence dur
ng recess Of the Legislature before the
executive can appoint.
Mr.. Turley then took up Mr. Daniels ar
suIHcnt on the meaning of the word
otherwise" and said:
And when we take the phrase If va
'ancies happen by resignation. or other
wise, during the recess of the Legislature
If any state if We coGcede that the gen.
,ral word otherwise is not qualified nor
United by the specific word resignation
and that 1t includes vacancies which a-e
.aused by enluX of time and which can be
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