Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-23
Majority is Against Seating
the Pennsylvania.
REASONSFOR THE ACTION
PrecedentS Are Cited That Go
Almost as Far Back as This
Governments Origin.
THE MINORITY MEMBERS
Hold That He Should be Allowed to
Take His Seat Vacancy is Defined
and the Steps Necessary to Fill it
Named.
THE MINORITY MEMBERS

the committee on privileges and elections
in the case of M. S. Quay, who claims a
seat in the United States senate on the
strength Of an appointment by the COVER
nor Of Pennsylvania, We're presented in
the senate to-day. The majority report
opposing the seating OF Mr.. Quay was
signed by Senators Caffery, Pettus, Tur-
ley, Harris and Burrows, the last named
the only republican signing 1t.
The minority report bears the signa>
lures OF Senators Hoar, Chandler, Pritch-
ard and McComas, all republicans, and
advocated giving the seat to Mr.. Quay.
The majority first reviews the circum-
stances under which Mr.. Quay's appoint
ment was made, including the failure Of
senator. 1t then says:
After a vacancy in the Office of the
United States senator occurs, or comes
to pass, If the next legislature does not
fill it, it continues to exist. It Is the
same vacancy, not a new one Now the
state executive is given power to make a
temporary appointment in case of va
cancy, not as long as it continues or ex-
lists, but only until the next meeting OF
the legislature which is then required
to fill the vacancy. This clearly means
that the paramount intent to have the
legislature choose the senators is to pre-
vail and that, whenever the legislature
has had the opportunity to fill the va
cancy, either before or after it occurs,
the executive has no power to appoint.
And when we take the phrase If vacan-
cies happen by resignation or otherwise
during the recess of the legislature Of any
state, If we concede that the general
word otherwise is not qualified nor lin
tied by the specific word 'resigna tion' and
yr11 oro
caused by ef11ux of time and which can
be foreseen as we'll as vacancies which
are caused by a casualty or the happen
lngs of an unexpected event and which
cannot be foreseen, still it must be con-
strued and defined with reference to the
balance of the phrase so as to give effect
to all it's parts, and it thus results that
the vacancy. no matter how it is produce
ed, must happen take place or begin dur
ing recess Of the legislature, and this of
itself would be decisive against Mr..
Quay's claim"
Continuing, the report says: ''Thus con-
strued, this clause Of the constitution af-
fords every facility for always keeping
the senate filled with senators who are
real representatives of their respective
states. A senator who is chosen by the
Legislature of his state is likely to be the
choice of the majority of the citizens of
his state. "A senator who is appointed
by an executive is frequently only the
personal or political favorite of the ex-
ecutive.
''The legislature, as we construe the
clause. chooses the senator from the first
instance. If he declines to serve or dies
before he is inducted into office. or If, af-
ter qualifying, he dies, resigns or is ex-
PEELED, the executive may make a tempor-
ary appointment until the legislature
meets again, or, if, owing to changes in
state constitutions. the legislature, which
is authorized to fill the term at it's COM
mencement, cannot meet until after the
term commenced, the executive can also
make a temporary appointment.
Every contingency is thus provided for
except the sole contingency that the leg
islature will fail to perform it's sworn
duty. Against contingency of this kind
the trainers of the constitution did not
intend to provide"
After discussing at length the circum-
stances under which the constitution was
framed, the majority announces it's con-
clusion as follows: 1--WE think that the
trainers of the constitution never con-
templated nor intended to provide for a
case where state, by it's own delibera te
act, should deprive it's legislature Of the
power to fill an entire term at it's begin
Ming In our opinion they never intend
ed to give the executive of state the
power to fill an entire term by original
appointment unless perhaps. In case
where the legislature had chosen and the
person elected had refused to accent or
died before qualification. In other words.
we conclude that the power of appoint
ment was not to be exercised unless the
vacancy occurred IN the recess of the leg
islature and was pccasioned by some cas-
ualties like death or resignation"
The report then quotes numerous pre-
cedents beginning with that Of Kansay
JOINS OF Delaware In 1874 ard closing
with the case Of Henry W. Corbett OF
Oregon in 1885, It then ends as follows:
'The statement of these cases and rrs-
cedents shows that from the beginning of
the government to the present time the
senate has never recognized the right Of a
state executive to make temporary ap-
pointment where the vacancy hppened or
occurred during session of the legis!a-
ture. 1t shows further that for Is years
the Senafa has raf,asad To