Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-24
FINAL DAYS DEBATE
Senate Met at II O'clock to Discuss
the Quay Case.
Mr.. PRNROSE CONCLUDES HIS REMARKS
Senators McCumber and Lindsay
Against Seating.
MIR. SPOONER IN FAVOR

The final days debate on the case Of Nj.
s Quay began in the Senate today at II
O'Clock Notwithstanding the comparative
IL early hour of meeting a large number of
senator's was present when the session
opened and many persons were in the gal
leries.
At 4 pm, under a special order. the case
is to b.. disposed Of Under the special or
der all subsidiary motions will be in order
at and after the time of expiration of the
debate. \ direct vote upon the proposition
TO seat Mr.. Quay may not be taken imme-
diately after the close of the debate. Mr..
Chandler has a motion pending which is. in
effect a motion to seat MIR. Quay, but it is
held by the Senate parliamentarians that
every subsidiary motion will take prece-
dence over Mr.. Chambers motion. These
include motions indefinitely to postpone to
postpone to definite date, to reeommit to
the committee ami to amend That one or
more of these motions will be made is quite
likely,
a resolution offered last week by Mr.. GU
berson CTexaSJ was passed. 1t requests
the President to inform the senate what
commissions have been created or appoint-
ed by the executive since March 1, 1919, in
reference to foreign relations or the terri
tories Of the United States, or to inquire
the commissions; the total compensation
or allowance of each of the commissioners
and of all employees of the commissions.
A bill authorizing the Secretary of War
to make r. gula tons governing the running
of loose logs. steamboats, and RATS on GER
tain rivers was passed.
Consideration of the Quay case was then
resumed. Mr.. Penrose tFa-) resumed his
argument begun late yesterday afternoon
Mr. NcCumber in Opposition.
N ~
fully prepared constitutional argument IN
opposition to the seating of Mr.. Quay. Only
a brief while ago he was regarded an
advocate of Mr.. Quay's claim, but he an
bounced in his speech that after careful
considerat ton he had changed his opinion.
This change, he said. was not based upon
emotion but upon reason
In extended argument Mr.. Lindsay
CKyD presented legal and constitutional
reasons why. in his opinion. Mr.. Quay
ought not 10 he seated He held that the
appointment Of senators by the state ex-
ecutive was provided for by the trainers Of
the Constitution merely to provide for the
filing Of vacancies that may be Regarded as
unexpected.
1t was not contemplated he maintained
that the legislative power to elect should
ever be divided with the executive, and he
urged that in the present case the governor
did not have constitutional authority to
appoint Mr.. Quay
VII. SpOOner supports quay.
Mr. spooner tWis.) followed with an argu-
ment in support of Mr.. Quay's right to a
seat in the Senate. He referred to the
speech-long and Iaborious. he said-which
he had delivered two years ago in support
Of Mr. Corbetts right to seat. That
speech. he added with humor somewhat
grim had seemed to have little effect. 1t
had not even convinced Mr.. quay or MIR.
Penrose. both then senators from Pennsyl-
vania.
He believed the question pending ought
to be determined upon the constitutional
view Of it taken by each senator. Per
sonality had no decent place in the dis
cussion. He did not undervalue precedent.
but precedent should Shackle one. If
the precedent in the C3rbett case was
right n should be adhered to, but II wrong
f. should be abandoned.
Mr.. Hale asked Mr.. SpoOner If he thought
1t well that This great question should be
continually before the Senate. He contend
ed that it was better for governors and for
legislators that there should he end of
such contentious
Does the senator think" inquired Mr..
Hale. that If this case should be decided
in favor Of Mr.. Quay by a bare majority
that would settle the contention?''
NO., replied Mr. Spooner.
"Then the senator does not want it set
ued?" suggested-Mr. Hale.
Il did not say that" retorted MIR.
Spooner.
1 ask tne senator as a lawyer and a
thoughtful man" persisted Mr.. Hale, .tif
he does not believe this body ought to set
tie this question some time?'
Perhaps So. the Wisconsin senator re-
piled. But the senator from Maine would
not consider 1t eternalIy settled until 1t was
settled his way.
II should say" replied Mr.. Hale. that il
the Senate had voted against me as 1t
has against the senator. that the question
was settled 1t should not be coming up
here TO poster US. There are good LAWYERS
here who will vote because they believe
that question TO be settled"
Well shall be glad" said Mr.. Spooner
IF this discussion shall lead to legislation
or constitutional amendment that will
put an end TO the possibility of such cases. -