The Delawarean., 1900-05-02

az least one State being, for the two
years beginning with March 4, 1901.
withIout any representative in the Sem
| now have the honor to represent in
this Chamber.
BY reason of the failure of the Legis-
latures to elect Senators there are to-
day three States, viz Pennsylvania.
Delaware and Utah, that are represents
ed in this body by single Senator
each, and if the Legislature which will
be elected in Delaware this year should
at its session in january and February
next fail to elect Senators, that State
would for two years be without anv
representative in the Senate-that is
if the contention held by those who on
pose the seating of Mr.. Quay should oh
tain and the Senate hold against seat
ing the appointees of governors in
cases like the present one.
In the cases of Pennsylvania and
Utah there would not be this condition
should their Legislatures fail to elect
in 1904 for the reason the present
Senators from those States hold until
1903, while the term of the Senator
from Delaware expires March 8. 1901 7
am not advised that in any case of a
vacancy like the one under consider
alton, except the one now in Delaware.
there existed the possibility Within two
years of the State being wholly without
representation in this body. With the
Delaware case in mind, it lis not diff
cult'0o see that it is possible for more
Ohan one State to be left without any
representation in the Senate. a condi-
uion never intended by the Constitu-
tion.
sure it is a State may submit TO a
single representative in this Chamber.
but when it comes to NO representative
whatever, the opposition view would
hardly retain just indignation on the
part of the people of am outraged
State.
Mr.. Tillman. Mr.. President
The President pro tempore. Does the
Senator from Delaware yield to the
Senator from South Carolina?
Mr.. Kenney. l yield.
MIR. Tillman / understood the Sem
ator to say that in the event of the
coming election in Delaware if the
Legislature then elected should fail to
elect Senator, it would subject his
State to the possibility of having no
representative here at all.
Mr.. Kenney. That is true.
Mr.. Tillman. Does Abe Senator be-
lieve thar any State Legislature will
ever fail to agree on some candidate
for the Senate unless the governor be-
longs 10 the party of the majority and
will till the vacancy anyway by naming
as Senator some person who is a mem
Der of that party?
Mr.. Kenney. l appreciate the force
of the Senator's inquiry, and | desire
10 answer it by saying that that CON
dition did exist in my State in 1899.
when the Legislature was of the oppo-
site party from the governor and failed
TO elect; therefore the State of Della
ware was without full representation
i'm this body. The Senator understands
/ mean that the governor was of a diff
ferent political party from the majority
of the Legislature which should have
elected
Mr.. Tillman. Why did not the gov
ernor appoint?
Mr. Kenney. For the reason that the
governor of the State of Delaware was
waiting to see whether the Senate OF
the United States would admit the an
pointees of governors.
Mr. Tillman. Why did not Pennsyl-
Yania wait, then, like Delaware?
Mr. Kenney. l am unable to answer
that question. 1t might have been il
Pennsylvania had not led, Delaware
might have done so; but if the decision
OF this case was satisfactory to the
of Delaware, and if the Senate
should admit Mr.. Quay, the Democratic
governor of Delaware would give
credentials to a Senator from that
State to fill the vacancy caused by the
Legislatures failure to elect.
The sole and only remedy for such
ills is that just and reasonable con
struction of the Constitution which
will place in operation that other pow
er provided by the makers of the Com
for keeping the Senate filled
appointments by the governors to fill
vacancies. Not until such settlement
of the question is had will there be
certainty of the legal and constitution
al existence and continuation of the
Senate of the United States.
These are my convictions as to the
construction of the Constitution on
this question, and by reason of this
opinion I shall vote against the reso-
Tuition reported by the majority of the
committee.
CnArNT,c r1r,r11,