The times. [volume] (Richmond, Va.) 1890-1903, 1900-04-24
THE QUAY CASE
AS DISCUSSED
Senate viii To-Day Vote on His
Right to seatin That Body.
MANY SPEECHES WERE MADE
Constitutional hrsumcnts 10th For
MANY SPEECHES WERE MADE
Constitutional Arguments Both For
and Against Admitting the
PennsyIvanian-Pos
appropriations Bill.

WASHINGTON, April pa two days
debate on the right Of Hon. NJ. s.. quay
to a seat as Senator from Pennsylvania
was begun almost Immediately after the
Senate convened to-day. For months the
case has been pending in the Senate, ana
from time to time Senators have dls-
scussed it, but until to-day the debate
has been desultory in character. L o-mor-
row at o'clock, under special order, the
case is to be disposed of. Under the
special order, all subsidiary motions will
he in order at and after the time OF the
expiration Of debate. a vote upon the
proposition to seat Mr.. Quay may not
be taken Immediately after the close OF
the debate.
Nh. Chandler has a motion pending
which, is in effect, a motion to seat MI.
Quav but 1t is held by the Senate par
lamentafians that every subsidiary mo-
ton will take precedence over Mr..
Chambers motion.
These include motions Indefinitely to
postpone. to postpone to definite date,
to reconDrn9t to the committee, and to
amend.
That one or more of these motions will
be made is quite likely. How the Senate
will vote on any of them is q matter OF
speculation. In support OF Mr.. Quay
right ito a seat speeches We're delivered to-
day by Mr.. Chandler, of New Hampshire;
Mr.. Kenny and Mr.. Penrose, OF Penn
sylvania; Mr.. PIaat, OF Connecticut, ana
Mr.. Quarles delivered speeches in oppo-
,sition to Mr.. Quay.
ait the opening Mr.. Chandler, chairman
of the Committee of Privileges and Elec-
tons, submitted TO the Senate the report
and testimony in the case of Senator Will
liam A Clark, of Montana. MIR. Pettus
announced that some Of the committee,
without any way dissenting to the resolil-
ton offered by the chairman, would speak
later regarding the conduct OF the case
The resolution was placed on the
calendar.
The resolution relating to the seating Of
Hon. M. S. Quay, as senator from Penn
sylvania, was then called up and Mr.
Chandler, supporting Mr. Quays right,
urged the sena tors TO consider the ques-
tons merely as one of constitutional con-
struction.
Mr.. Plat, of Connecticut, in reply,
maintained on purely constitutional
grounds that Mr.. Quay was not entitled 10
a seat in the Senate
Mr.. Plat maintained there was praetl-
ca1ly on difference between the Quay case
and the Corbett case, and the latter de-
cision ought to be regarded as sacred
Once the precedents are overturned.
Mr. Platt concluded, seats in this body
will become the sport of political ext
gency.
The Senate conferees on the District
of Columbia appropriation bill was
brought up and Senator Sewell and
Cockrell were named as conterees.
Nh kennedy, OF Delaware, then adj
dressed the Senate in support of Mr..
Quav's right to a scat He voted against
the seating of MI. Corbett two years ago.
He admitted frankly, that certain charges
made against Mr. Corbett had influenced
his vote more than the constitutional ar
er,rn1ents against him. He said the Gov
ernor of Delaware was waiting for the
decision in the Quay case before acting
with respect to the vacancy that exist
ed in the senatorial representa- ton from
that State.
WHAT win he do?' inquired Mr.. Till
man.
."rhe Democratic Governor Of Della
ware replied Mr.. Kennedy, 'if Mr..
Quay should be seated, will give creden-
tials to a senator from that State
HIS MAIDEN SPEECH.
Mr.. Quarles, of Wisconsin, was tne
against the seating Of Mr.. Quay. 1t was
really Mr.. Quarles' maiden speech in the
| Senate, and he received many congratula-
| tons.
| He urged that Mr.. Quay should not be
| seated for. if he were, a new precedent
| would be created ana ioilS me oA aoJ -
| dication would be disturbed.
In the course of an extended constitu-
| tional argument, MIR. Quarles developed
| some new points. but his chief contention
| was that the constitution did not ADMIT
1 of the Interpretation placed upon 1t by
| the friends OF Mr.. Quay.
1 He argued further that in this partcu-
t lar case the Governor not only had no
| constitutional right to make the appoint
| 1nent, but in making it he violated the
| law of Pennsylvania. This, he claimed,
| the Senate was bound to take cognizance
I of in its consideration OF the case.
| Discussing the authority of Congress
to regulate the election OF Senators ana
| Representatives, Mr.. Quarles said: I'm
| der the last clause of section 4, Congress
has undoubtedly power to make complete
| regulations as to time and manner or
| elections, and thus to displace all local
| regulations heretofore made, Or it may
alter such State regulations. 1t may seen
! startling at first blush that Congress
may prescribe to the States the time
when Legislatures shall convene, but a
reference to the debates will dispell al
doubt that this is exactly what the con-
vention intended and insisted upon in sc
far as might be necessary to insure
| election Of members of the second House
DANGEROUS PRECEDENT.
The power Of Congress under the Con
stftution to provide the time for The
| legislative action of senatorial vacancies
is undoubted. He pointed out the al
legged danger in the Senate afiAing it:
approval to this case.
.Thus,' he said. "tae power of tenn
porary appointment will swell the regula
patronage of the executive office, ant
the Constitution of Pennsylvania viii
forever remain dead letter.
Mr.. Penrose, speaking in support O.
Mr.. Quay's right to seat. reviewed The
situation in the Pennsylvania Legisla
! ture at the time indicated. The eventua
deadlock was unexpected, and under