The times., 1900-04-13

baucbed by unwholesome in6 "ences, ana
the rival aspirants so involved ia 'ne coz
runtion that a failure to efect'wouiS be
the highest duty Of the State, Mr.. Bur-
rows asked. d.. -,
How under that theory. tohld fail
ure Of the Legislature to elect, in such
case. ever save the State from dishonor
if the Governor is permitted the moment
the Legislature adjourns to appoint the
very man. possibly, in whose interest the
legislature was debauched2 How is the
Senate TO be protected from the presence
of one who is obnoxious to a majority OF
the state Legislature, and against whose
election few men stood firm and de-
featsd if the Governor can Immediately
upon the adjournment of the Legislature
commission the very man whom the Legs
Iature refused to elect? Where does the
saving grace in the history Of the State
come in. il the Governor can appoint the
very man against whom the men stood
firm as adamant until his defeat was con-
summatedo'
After quoting a number of preeedehJs
MIR. Burrows said;
From these and the others TO when l
have referred, it appears that
"First-In no case Except Alien ana
I BeclwithD has the Senate been called upon
| TO act where the prior term expired dur
! ing the session Of the Legislature. Allen
J and Beckwith were not seated.
'Second-In no case has the Senate rec
oenized the right Of the Governor to ap-
! point TO a vacancy which happened when
( the Legislature was in session.
.oTbird-In no ease has the Senate ever
/ seated an appointee where the Legisla-
/ ture has had an opportunity to act after
( the vacancy occurred. 800,
! "Fourth-In no contested case since lSol
! has an appointee been seated when the Oc-
/ currence of the vacancy could be foreseen
/ and provided for in advance by the Legis-
/ lature.
Whatever meaning you give to happen,
! otherwise during recess, the question
has been settled for seventy five years by
an unbroken line Of precedents OF the Sen
ate and to reverse it now will expose US
TO the charge Of Inconsistency and favorit-
ism -,
After citing the vote on the Corbett
case in which Mr. Penrose voted against
the claimant and Mr.. Quay was paired
against him. Mr.. Burrows said:
In the light of all precedent, and in the
face Of the vote on this last case, | submit
| il is asking great deal, it is a heaVy dlaiI
! even on the demands Of friendship, Tor the
! claimant in this case to insist that the
Senate shall reverse the adjudicaticns Cf a
hundred wears, which he himself and his
colleague have so recently app. owed, that
he nav gain at best but temporary seat
in this body And il is little less tn n
audacious for the Governor of the state OF
PENNSYLVANIA to disregard the m ia .es
OF the constitution OF his state, viii re
has sworn TO support. refusing TO caIl the
Legislature together TO elect Senator,
NF he n gd
to place its stamp OF approval upon his dis
regard of official duty and his assumption
Of power.
THE disastrous consequences sure 10
flow from the reversal Of the established
policy OF the Senate Cann-t, in my 1u &
ment be exaggerated. Let 1t once be es-
tablished as the settled doctrine OF the 5 n
ate and proclaimed to all the State Legls-
latures. that the Senate will hereafter
recognize and receive into It's memoeishlI
the appointee Of a Governor whenever the
LEGISLATURE. for any reason has failed tC
elect Senator and you have gwen an in
ceutive to aspirants for Senatorial honor
who may not be able to command the p
port Of their party adherents In suti lent
numbers to ensure their eletucn TO entel
into conspiracy with the Governor, wtC
may be a personal friend, TO break up The
Legislature, prevent an election ty Il al
body, that the executive may draw 10 ElH
self the power to make a temporary ap-
po.ntment, and thus reward his persona
and political friend
In conclusion, Mr.. Burrows said;
Mr.. President, we have reached a crisis
in the history of the Senate fraught viii
the utmost peril not OILY to the Senate
but to the country. The eyes Of the nati-I
are upon US. What We do today viii 70
be overlooked or forgotten. We cInno
change front uunOticed We are TO
sitting behind closed doors. The Serat,
cannot afford 10 reverse its record OF one
hundred and eleven years. II cannot az
ford to reject a claimant for a seat to'al
and on the same state Of facts, admit an
ether claimant tomorrow II cannot affor,
10 give credence to the charge that h,
Senate Of the United states IS. after all
but a social club, where good fellowship i
a better credential than a certificate o
election IN conformity 70 law. In a word
We cauno: afford to do that which defes al
precedent, strikes a fatal blow to the p r.
petuity Of the Senate as constituted uudel
existing forms Of law, and shakes p-bli,
confidence In the integrity OF this body"