Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-02
QUAY CASE RESUMED
Mr.. Hoar Argues for Governors Power
to Appoint.
EIPOUNDING THE CONSTITUTION
Why Mantle, Allen and Beckwith
Were Excluded.
THE RIGHTS OF THE STATES

Mr.. Perkins CCalD. when the Senate con-
vened today presented petition of the
california delegation in Congress; of 30 as
snciations and of 5000 people of California
against the ratihca ton of the French and
Jamaican treaties.
MIR. HOar made the point against the pc
tnion that it ought to be presented in execu-
tive session. and that even there he would
question the right of a state congressional
delegation to make such a petition.
Mr.. Perkins thought the right of petition
was sacred at all times. but the chair held
that the whole matter would have to go
over to an executive session.
IiquOr Saloons at Manila
Mr. Pettigrew Is. d. secured the adop-
ton Of the following resolution:
That the President be requested, if not
Incompatible with the public interest, to
send to the Senate a statement of the num-
ber of saloons that have been established
in Manila. Philippine Islands. since the oc-
cupation of that city by the United states
forces. who conducts these saloons, who
are their patrons and what kind of liquors
are sold. and the quantity of such LIQUOR.
The President Is also requested to inform
the Senate of the number, If any. of Sa
looms run on the American or English plan
In MsHila before We occupied the place.
The President Is also requested TO INFORM
the Senate whether or not If Is within his
power as commander-in-chief of our mill
tary forces to suppress all saloons in Ma
Mia and prohibit and prevent the sale OF
li9uor to our soldiers
The chair then laid before the Senate the
message of the President concerning the
revenue collected on Porto Rican products.
The message was referred to the commit
tee on appropriations.
y resolution offered by Mr.. Turner
CWash.l. directing the Secretary of War to
inform the Senate Of the amount of money
expended in the payment of travel pay
and Communication of subsistence TO those
officers and men returning from the Phil
oppines and what bounty or reward was
paid for the re-enlistneut of soldiers. was
adopted.
Mr.. Hoar Speaks for Quay.
Mr Penrose called up the Quay case and
Mr.. Hoar addressed the Senate in support
of Mr.. Quay's right to seat in the body.
He discussed at length the history of the
framing of that part Of the Constitution
relating 10 the election of senators, his par
tfcular idea being to show that the country
at large was vastly interested in having
every state fully represented in the Sem
ate. This idea, he said. was constantly be-
fore the trainers OF the Constitution.
Mr.. Huar said it had been stated that
legislators Violated their oaths in failing
- elect a senator. To this he could not
agree.
III is not only not true" said he, but
IN many circumstances, easily conceivable
and probable, the legislators would violate
their oaths il they should not fail to elect
a senator. He presented several instances
notable in the history of the country Ct
failure on the part of the legislature 10
ia ind ground for an accusation that the
l-gis ators violated their oaths.
Mr.. Hoar dwelt particularly upon, the i'm
portance of a single vote especially in the
SAuHTa He declared that vote mad
changed the policy of the country to i'm
y. rialism Twice in his own state had
single Vote elected the chief magistrate of
the commonwealth.
Was IL presumable, he inquired, that the
trainers of the Constitution had intended
that IN such circumstances as the present
tho great state Of Pennsylvania should
have in the Senate only half of its repre-
sentAtion or that the people Of the country
should lose the advantage of having in the
Senate the representative of 100000 peo-
pie?
Just the question presented here de-
clarrd MIR. Hoar lis. Shall the people OF
the state Of Pennsylvania and the people
Of the country be without lawful represen-
taNou and lawful voice in this Senator
'One question he continued, II have
never heard answered satisfactorily. 1t Is
What difference does 1t make or could 1t
possibly make whether a vacancy here hap
pens at one time or happens at another;
what possible difference can it make
whether the case be determined upon my
definition of the word happen, as II ap-
pears In the Constitution, or upon the defi-
milton Of my opponent"
In response TO an inquiry Of Mr.. Turley,
Mr. Hoar said that In the case of a chief
executive of state the responsibility for
action or inactiOn was definitely fixed upon
one man. If the governor did not feel that
he was correct in his position before his
constituents he would make no appoint
IDent. The trainers Of the Constitution. he
said regarded the governor as a fit deposit
tory Of power and. in the appointment Of g.
senator Il proper representative in such
acton Of the people
Three Senators Excluded.
In closing his argument in favor of seat
iag Dir. Quay. Mr.. Hoar said that senators
knew that the three seats. claimed by
Messrs. Mantle, Allen and Beckwith. were
decided against these men because they
we're silver men, and the Senate was about
10 enter upon the consideration of the re-
peal Of the Sherman law