Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-26
ON THE QUAY CASE
Senator Turley Supports the Com
mittee Report.
EXPLAINS CONSTITUTIONS PROVISIONS
No Member Of the Body Ever
Seated Under Similar Conditions.
THE HAWAIIAN MEASURE

-
At the opening of todays session of the
Senate Mr.. Frye (Me) reported from the
committee on commerce the shipping sub
sidy bill. He announced that written re-
port would be presented later to accom-
pany the bill.
When the Senate had concluded its rou-
tine business Mr.. Turley (Tenn.) called up
the resolution reported from the committee
on privileges and elections to the effect that
NJ. s. Quay was not entitled to a seat in
the Senate as q senator from Pennsylvania.
Mr.. Turley prepared the majority report
of the committee on the resolution, and
spoke therefore in opposition to the seating
of Mr.. Quay. In opening his argument he
said that no case exactly similar to the
present one was ever before the Senate.
He recited the well-known and admitted
state Of facts regarding the Quay case
Then he said:
IF there ever was case in which the
governor of a state was, under the consti-
tuition. without power to fill the vacancy
it is this one. The action of the governor
was in the teeth of every provision of the
Constitution bearing upon the subject"
He pointed out that the Eacancy had oc-
CURED during a session of the legislature.
The legislature remained in session some
time after the vacancy existed. yet it had
failed to fill the vacancy, and Immediately
upon the adjournment of the legislature
the governor had appointed Mr.. Quay.
Mr.. Turley agreed that the representa-
tion in the Senate from each state ought
at all times to be kept full, but he did not
believe the trainers of the Constitution had
deliberately intended to confer upon some
body else the duty to fill the vacancy in
case the legislature failed to perform its
duty.
When the legislators fail to perform
their duty" declared Mr. Turley the
whole fabric of our government falls to the
ground. The trainers of the Constitution
contemplated the people themselves per-
forming their political duties and the legis-
lators performing the duties with which
they are charged. 1t is not possible to
coerce the legislature or to coerce the peo-
pie. and when they fail of their duty it's
place where our system breaks down.
Mr.. Turley then entered upon detailed
discussion of the constitutional and tech
nical points involved in the case. his desire
Being, he said, to present every legal phase
of the question.
He pointed out that the legislature OF
Pennsylvania was in session almost two
months while the vacancy in the Senate ex-
listed. and yet by the only power in the
circumstances which could fill the vacancy
1t was not filled simply because the legiS
lature had failed to perform its sworn duty.
Action of Constitutional Convention.
Mr.. Turley discussed the provision of the
Constitution bearing upon the vacancies In
the Senate, in the course of which Mr.. Hoar
tMass3 inquired whether it was not a fact
that the constitutional convention had voted
unanimously for a provision placing no lin
itations upon the governor to appoint
senator when a vacancy existed.
This Mr.. Turley admitted
Then Mr.. Hoar quoted the record of the
constitutional convention to show that the
change had been made on a motion by Mr..
Madison, not with purpose of limiting the
power of the state executive, but for the
purpose of eliminating any doubt as to the
reasons for vacancy.
In reply Mr.. Turley contended that If this
clause of the Constitution was the only pro-
vision under which a senator could resign
then it was impliedly Withholding of the
right to resign from the members of the
House of Representatives.
o. After some further technical discussion
Mr.. Turley said: Il say that it were better
for us to have many vacant seats in this
Senate than that we should have these dis
graceful contests that are now becoming
SO common. Far better for the welfare of
the country and the safety of the republic
that every state be notified, in language
that cannot be mistaken, that its Eerma-
nent representation in this body shall de-
pend upon its electing a legislature that
will do its duty
Does not the senator absolutely lose
sight of the fact" inquired Mr.. Penrose of
there exists an absolute inability to elect a
senator on account of the large representa-
ton in the legislature of three more
parties, rendering it impossible for one cam
didate to secure a majority of the legis-
lature?"
II say that the belief that this Senate is
not going to decide these contests upon
legal and constitutional grounds, but upon
personal grounds purely responded Mr..
Turley, has greatly to do with the number
of contests brought here. Let it once be
understood that these are not personal
questions and the bringing of contests here
will SoCn cease. In my experience / can
not now recall an honest division Of a legis-
lature on party lines. There are nearly al
ways three or more ambitious candidates of
the same party who create all the trouble.
Further along Mr.. Turley said. in reply
to questions: I'm not one single instance in
seventy-five years has senator been ad-
mitted here who was appointed by the
state executive after the legislature had
had an opportunity to elect; and never in
the history of the government has a can
ddate been seated when the vacancy oc-
CURED during the session Of the legisla-
ture.'
At 2 o'clock the unfinished busness-the
Hawaiian government bill-was laid before
the Senate. Mr.. Turley yielded the floor,
desiring to conclude tomorrow.
Mr.. Hoar-"I shall object to this case
that 1T be postponed"
1t was so ordered.
The Hawaiian Bill.
When the Hawaiian bill was taken up
Mr.. Cullom offered several minor amend
ments. and one striking out the property
qualifications of those who desired to vote
for representatives and senators in the
Hawaiian legislature.