The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-13

| bauched by unwholesome rfsNocnces, and
| the rival aspirants so involved in the cor
! ruption. that a failure to eject lwouit be
! the highest duty of the State, Mr.. Bur-
| rows asked:
How. under that theory. tohid fail
| ure of the Legislature to elect in such
case, ever save the State from. dishonor
! if the Governor is permitted the moment
| the Legislature adjourns TO appoint the
very man, possibly, in whose interest the
| Legislature was debauched ?, How is the
! Senate to be protected from the presence
| of one who is obnoxious to a majority of
! the. State Legislature, and against whose
! election few men stood firm and de-
! feated IL the Governor can Immediately
upop the adjournment of the Legislature
| commission the very man whom the Legis-
| lature refused to elect? Where does the
| saving grace in the history Of the State
! come in. if the Governor can appoint the
! very man against whom the men stood
| firm as adamant until his defeat was con-
| summated?"
After quoting number of presidents
! MIR. Burrows said:
| From these and the others to which l
have referred, it appears that;
| "First-In no case Except Allen and
| Beckwith) has the Senate been called upon
| TO act where the prior term expired dur
| ing the session of the Legislature. Allen
! and Beckwith were not seated.
"Second-In no case has the Senate rec
| ognized the right of the Governor to ap-
point to vacancy which happened when
| the Legislature was in session.
"Third-In no case has the Senate ever
seated an appointee where the Legisla-
| ture has had an opportunity to act after
| the vacancy occurred.
"Fourth-In no contested case since 1901
has an appointee been seated when the oc-
| currence OF the vacancy could be foreseen
and provided for in advance by the Legis-
lature.
Whatever meaning you give to happen,
Otherwise during recess, the question
has been settled for seventyfive years by
an unbroken line of presidents Of the Sem
ate. and TO reverse it now will expose us
, TO the charge of inconsistency and favorit-
ISM
The COrbett Case.
After citing the vote on the Corbett
case, in which Mr.. Penrcse voted against
the claimant and Mr. Quay was paired
against him. Mr.. Burrows said:
In the light OF all precedent and in the
face of the vote on this last case, submit
it is asking a great deal, it is heavy draft
even on the demands Of friendship, for the
claimant in this case to insist that the
Senate shall reverse the adjudicaticns CT
hundred years, which he himself and his
colleague have SO recently approved. that
he may gain at best but a temporary seat
in this body. And il is little less tn n
audacious for the Governor of the State Of
Pennsylvania to disregard the m4rdates
of the constitution of his State, viii h he
has sworn to support. refusing to call the
Legislature together TO elect Senator
and force the Senate of the United States
to place its stamp OF approval upon his dis
regard of official duty and his assumption
of power.
THE disastrous consequences sure to
flow from the reversal of the established
policy OF the Senate canrct in my ju G.
ment. be exaggerated. Let it once be es
tablished as the settled doctrine OF the S n
ate and proclaimed TO all the State Legis-
latures. that the Senate will hereafter
recognize and receive into its membership
the appointee of Governor whenever tie
Legislature, for airy reason, has failed tc
elect a Senator. and you have gwen an in
centive to aspirants for Senatorial hOnors
who may not be able to command the p
port of their party adherents In sufi lent
numbers to ensure their election to enter
into conspiracy with the Governor, WHO
may be a personal friend, TO break up the
Legislature. prevent an election ty Il at
body, that the executive may draw TO him
self the power to make a temporary ap
pointment, and thus reward his persC nal
and political friend
In conclusion, Mr.. Burrows said:
Mr.. President, we have reached crisis
in the history of the Senate fraught with
the utmost peril. not oily TO the Senate,
but to the country. The eyes of the NATL
are upon US What we do today vii rot
be overlooked or forgotten. We cannot
change front unnoticed. We are rot
sitting behind closed doors. The Serate
cannot afford 10 reverse its record Of one
hundred and eleven years. 1t cannot af-
ford to reject claimant for seat to'ay
and, on the same state of facts, admit an
ether claimant tomorrow. 1t cannot afford
TO give credence TO the charge that The
Senate of the United States is. after all.
but a social club where good fellowship is
a better credential than a certificate o!
election in conformity TO law In word
We cannot AFFORD to do that which defes all
precedent, strikes a fatal blow to the p r
petuity of the Senate as constituted under
existing forms of law, and shakes public
confidence in the integrity of this body"