The evening times., 1900-01-23
FOR and AGAINST QUAY
Reports on His Right to a Seat
Laid Before the Senate.
Contentious of the Majority in Sup
port of an Adverse Finding-Meli-
he IEnOred-The Minority Quotes
From the Bible and the Dictionary.

1 Elections on the contest Of VI. s. Quay Tor
a seat in the Senate en- appointment from
/ the Governor OF Pennsylvania, were pre-
sented To the Senate today
| The majority report is signed by SeIa-
tors Cahery, Pettus. Turley. Harris. and
\ Burrows, ard declares that Mr.. Quay is
not entitled to the seat. After reciting the
| history Of the legislature, which adjourned
without cffecting an election, and the ap-
pointment Of Mr.. Quay by the Governor Of
! Pennsylvania the majority lay Gown the
/ opinion that whenever the legislature hag
! had a right and an opportunity TO fill a
vacancy. either before or after it begins.
] the executive cannot lawfully appoint.
! In support OF this they quote the Drovis-
! ion of the Constitution concerning the Sen
ate and the method TO be pursued regard
ing vacancies. The latter is; And il va
cancies happen by resignation or other
/ wise during the recess Of the legislature Of
| any State the executive thereof may make
temporary appointments until the next
! meeting Of the legislature, which shall
then hll such vacancies
! The report asks: What is a vacancy in
the Office OF Senator? The original or full
| term is for six years. II the first incum-
| bent dies or resigns, vacancy occurs.
happens or begins. When the legislature
has filled this vacancy il ceases to exist.
| and the term OF ONCE OF a Senator thus
chosen is measured by the uneXpired time
OF the original term. A vacancy may Oc-
! cur in the term Of Office of q second SCna-
! tor, which Will exist until Il is filed by
the legislature. and the term Of Office Of
the Senator thus chosen will again be
measured by the uhexpired time OF the
original term. It is thus manifest that
there can be but one vacancy IN any one
term. A vacancy in an Office is a unit. II
cannot happen or Occur but once"
Taking up the definition Of the word
happen" as used in the Constitution and
its application to a vacancy. the report
says that the vacancy takes place occurs
or comes 20 pass at a fixed moment. that
is at the very beginning. but not continu-
ally and mOmentaTily. Hence a vacancy
must begin or commence during a recess
Of legislature before the executive can
appoint.
The Constitution provided every contin-
gency for membership in the Senate, the
report argue, except the sole contingency
where the legislature failed 10 perform its
| sworn duty. Against a contingency Of this
Lind the trainers OF the Constitution did
cot intend 10 provide. In support OF this
| contention the report quotes from the pro-
/ ceedings Of the Federal Convention when
the provision as 10 Senate was under dis
! cussiOn to si-w thar the original language
! OF the paragraph was afterWaTd amended
with this end in view.
The action OF the Senate in the first
contest Of this kind is also pointed out
! when of five members OF the Federal Con-
vention who were then members Of the
Senate, four voted against the right Of
/ the claimant % his seat After citing the
numerous contests that have arisen from
| appointment by governor, the majority re-
port says;
The statement OF these cases and pre-
cedent shows that from the beginning of
| the GOvernn ent down 70 the present time
| the Senate has never recognized the right
Of a State executive TO make temporary
appointment, where the vacancy happened
or occurred during a session of the legis-
la:ure- It shows, further, that Tor sew
enty-five years the Senate has refused 70
recognize the right Of a State executive
to make a temporary appointment even
where the vacancy happened or occurred
during 4 recess Of the legislature. il the
| legislature. either before or after il Oc-
Cured and ITiOr to the date Of appoint
| ment. had an opportunity TO fill IL.
The fundamental principle thus estab-
| lished is thu If the legislature. either be-
fore or efter the happening OF a vacancy.
has had an opportunity 10 Ill It, then there
Is no power in the State executive TO ap-
| point
The result is fatal 10 the claims Of Mr..
Quay. No danger Of evil has resulted 20
the Cove. lment from the enforcement OF
this principle. We therefore submit that
the Senate for its own honor and dignl-
ty should stand by its previous solemn and
deliberate decision. and recommend the
adoption OF the following resolution:
g Resolved. That the Hon " s Quay is not en-
titled 20 take his seat in this body ss a Senator
from the state o. Pennsylvania "
The views Of the minority (Senators
Hoar. Chandler. Pritchard. and McComas)
are in favor Of Mr.. Quay's right 10 the seat
! Their report also cites the constitutional
J provisions as to the Senators. but sug-
gests that it was the intent OF the Con-
stitution to provide. as far as possible,
that every State should have two Senators.
and therefore all distinctions between cases
where a legislature has been in session
and those where a legislature has not been
in session. between vacancies at the be-
| ginning OF the terms and vacancies begin
ming at the term itself. has begun. and the
office Tor that time once filed. are without
Importance
, They believe the intent of the trainers
Of the Constitution was that. for the in
terests of the State and Of the who'll
country, the Senate should always be full
so far as they could devise a constitutional
The debates in convention showed that
such was the ubderst aiding Of all the
members. 1t seems clear tc the commit
tee that the Federal convention meant to
use language which would give the execu-
tive power to fill a vacancy whenever il
existed.
The minority also quote from the diction-
airy and the Bible as TO the word happen
and concludes that when vacancies hap-
pen." mt ans whenever there are vacan-
cies," waich I'm conjunction with The
phrase "iurinS the recess of the leRisla-
ture" applied to every recess. the whole
recess, anG to all the time when under
whatever eoeiition or from whatever
causes there IS a vacancy during any
recess. Taking up the argument that if a
| legislature has been in session after a
vacancy, and has failed to I'LL it, the state
is at fault: that the legislature has neg
lected its duty and so it is not unjust that
the State should suffer, tie minority
answers:
That it is for the interest Of the whole
people that every State shoulS be fully
represented and second that there is nc
fault to be imputed to the legislature OF
the State or 10 the people where a ma
iority is required if there be a failure to
elect"
The minority in conclusion, think that
q decision which must inevitably deprive
States in the Union for long periods OF
time of their Tightful representation uu-
der the Constitution will not be per
mitted long to stand, and that no settle