The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-03
PLEADING QUAY'S CASE
Mr. Hoar Fayors Seating the Penn
sylvanian in the Senate.
The Importance OF Full Repre-
seBtation at All Time. in That
body Pointed Out - The Constitu-
tionaI Poiats Involved Discusse,i-
Arguments by Other Senator'S


The Quay case was called up by Mr. PEN
rose in the Senate yesterday at the con-
! clusion of the routine morning business
| and Mr.. Hoar made speech in favor OF
Mr.. Quays right to a seat as Senator
| from Pennsylvania. He first discussed the
question from constitutional standpoint.
Mr.. Hoar said it had been stated that
| legislators violated their oaths in failing
to elect Senator To this he declared
| that he could not agree.
! 1T is not only not true said he. but
! in many circumstances, easily conceivable
and probable, the legislators would violate
] their oaths if they should not fail TO elect
a Senator" He presented several in
stances notable in the history of the coun-
try of failure on the part of the Legisla-
ture to eject. in which he said It was i'm
possible to find ground for an accusation
that the legislators had violated their
oaths
Mr.. H0ar spoke OF the Importance OF
even a single vote in the Senate and said
that single vote two years ago would
have changed the entire policy of the coun-
try in regard to Cuba, and a single vote
had saved Andrew Johnson from being de-
prived of his office as President Of the
United States.
Intention of the Constitutions.
And now he added, ''is it to be sup
posed that the trainers Of the Constitution
intended that in such circumstances as the
present the great State OF Pennsylvania
should have in the Senate only half Of its
representation. or that the people of the
country should lose the advantage Of hav-
ing in the Senate the representative OF
$500, 900 people?
Just the question presented here" de-
clared Mr.. Hoar, lis, Shall the people of
the State OF Pennsylvania and the people
OF the country be without lawful repre-
sentation and lawful voice in this Senate?'
"One question he continued, Il have
never heard answered satisfactorily. 1t is,
What difference does it make or could it
possibly make whether a vacancy here
happens at one time or happens at an
other2' What possible difference can it
make whether the case be determined upon
my definition Of the word happen as it
appears in the Constitution. or upon the
definition of my opponent"
Mr.. Turley. who made the report against
Mr. Quay, asked whether there had been
a case since 1928 where a Senator had been
seated on the appointment Of Governor
when the Legislature had had an opportu-
nifty to fill the vacancy.
MIR. Hoar replied that there had not been
a case exactly in point with the present
one and argued that the precedents in
precedents. He added that the question
never would be settled until it was set
tied in favor of the right of the State, of
the right of the Senate. of the right of the
whole people of the country, and never
was it so imperative as it was today that
every State should have its quota in the
Senate and that every seat should be full.
Mr.. Hoar said that in the case of a chief
executive of a State the responsibility for
action or inaction was definitely fixed upon
one man. If the Governor did not feel that
he was correct in his position before his
constituents he would make no appoint
ment. The trainers of the Constitution. he
said. regarded the Governor as a fit deposit
tory of power and, in the appointment of
a Senator, a proper representative in such
action of the people:
A Reference to France.
He said that he had been receiving piles
of letters for the last ten weeks, arguing
for the decision of the question on the
writer's views as to the character Of the
gentleman appointed by the Governor Of
Pennsylvania. Such course. he said.
could not find support in the United States
as it had found support recently in France
where a man had been condemned on pop
,1o Fha
the Constitution written 11S years ago
meant anything that meaning was to stand
for every case and for all time.
In closing his argument in favor Of seat |
ing Mr.. Quay. Mr.. Hoar said that Senators
knew that the three seats claimed by !
Messrs. Mantle. Allen. and Beckwith, were |
decided against these men because they !
were silver men. and the Senate was about !
to enter upon the consideration of the Ie- |
peal of the Sherman law.
Mr. Turley, in reply to Mr.. Hoars aFgu- |
menf put the case OF Kentucky where, he |
said. the Governor had dispersed the Legis- |
lature and proclaimed martial law, and /
asked whether (if the election Of a Senator |
had not been previously accOmplishedl the /
Governor would have had the right OF dp- .
pOintment
Mr.. McComas argued that. il the Legis- |
Iature did not elect a Senator, it was the /
duty Of the Governor TO appoint him. and |
Mr. Elkins made an argument to the same
effect.
The Quay case went over without action.
and the bill to provide a government for
the Island of Porto Rico was taken up.
The Morning Routine.
During the morning hour Mr.. Perkins
presented petition signed by the Cali
fornia delegation in Congress, thirty-fye
associations, aud $1,000 people of Califor-
mia. against the ratification Of the French
and Jamaican treaties.
Mr.. Hoar made the point against the
petition that it ought to be presented in |
executive session. and that even -
would question the right OF a State Con-
sressional delegation to make such petit
lion.
Mr.. Perkins thought the right Of petition
vas sacred at all times but the Chair held
that the whole matter would have to go
over TO an executive session.
Mr.. Pettigrew secured the adoption of
he following resolution:
That the President be requested, il rot iayom-
,atibe with the public interest, 20 send to the
euate a statement OF the number OF saloons that
ave been established in Manila, Philippine lsl-
udS since the occupation OF that city hy the
fnitcd states forces; who conducts these Loons,
rho are their patrons. and what kind Of liquors
re sold and the quantity OF such liquor The
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