Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-01-23
REPORT AGAINST QUAY
Senate Committee on Privileges and
Elections Says he is Not
Entitled to Seat.
Minority Report in His Favor-The
Arguments Are Lengthy and
Exhaustive.
Claim is Made That the Governor
aad No Authority to Fill
Vacancy.

Washing ton, Jan. 23.-The reports Of
tions in the case of Quay, who claims a
seat in the senate on the appointment Of
the governor of Pennsylvania, was pre-
sented in the senate today. The major
ity report, opposing the seating of Quay,
reviews the circumstances under which
Quay's appointment was made, includ-
| ing the failure of the Pennsylvania leg
stature to elect a senator. and then
says:
After a vacancy in the Office of Unit
led States senator occurs, if the next
Legislature does not fill it, it continues
/ to exist. 1t is the same vacancy. not a
inew one. Now the state executive is
given power to make temporary ap-
| poirtments in a case of vacancy, not as
Hong as it continues or exists, but only
until the next meeting OF the legislature,
which is then required to fill the vacan-
cy. This clearly means that the para
mount intent to have the legislature
lchoose senators is to prevail; that
4 whenever the legislature has had an op-
4 portunity to fill a vacancy, either be-
fore or after it occurs. the executive has
! no power TO appoint
This is the main argument in the re-
port ard is presented from various
& points of view, and holds that under 1t
REPRESENTATIVES, of the state in the sem
ate are provided for under all except the
sole contingency OF the legislature fail
s ing to perform its sworn duty by an
{ eeclion. The report then cites numer-
Il ous preceGents in support of its position,
beginning in 1894 and concludes:
The statement of these cases and
preoedents shows that from the begin
ming of the government 10 the present
tine the senate never recognized the.
fright of a state executive to make 4 tenn
porary appointment where d vacancy
happened or occurred during q session
I.of the legislature. 1t shows further,
that for seventy-five years the senate
Irefusesi 10 recognize the right OF a state
executive IL make a temporary appoints
8 ,sleflt, even where a Vacancy happened
o. oceuIred during q recess of the legis.
lature. If the leeisiat ture. either before or
! after it occurred and prior to the date of
: appointment, had an opportunity to fill
The minority report takes an Oppo-
Isle yieW. Quoting article s. section 1
: of the constitution. the minority says:
Failure Of the governor to call the
legislature together to elect a senator
does not act To deprive the governor of
> the power Of an appointment. Re-
: farring 10 the constitutional provision,
!. ( the question is ASKED Does The lam
euage Of the constitution OF the United
states mean just What the constitution
of the commonwealth o. PENNSYLVANIA
4 says. IN case OF vacancy n the office
OF United States senator In recess be-
tween sessions or does II mean that
2 Il vacancy must be one which comes by
chance. 50 that II does not apply at all
/ Ia the case OF a vacancy al the begin
ning os term, which does not come
: ahieaD This question is answered as
Z follows:
d IF the words nave the former mean
9 ing then All distinctions between cases
a where the legislature has been in ses-
e sion and those Where the legislature
! has not been in session, between va
eancies at the beginning OF a term and
!. vacancies after a term itself has begun
and the Office for that term is once
!, fiiied. are without Importance We
5 think it was the intent Of the constitu-
5. ton 10 provide. az Far as possible. that
every state should have two senator's.
This last clause contains the main
!, contentious of the minority and the de-
: STABILITY of having a full senate at all
times is dwelt on and elaborated and
= various preceGentS cited.