Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-23
Views Of Majority and Minority
Presented.
REASONS FOR EXCLUSION FROM SENATE
All Republicans on Committee but
One Favor Admission.
SOME PRECEDENTS CITED


eyes and elections in the case of NJ S.
Quay, who claims seat in the United
States Senate on the strength of an ap-
pointment from the governor of Pennsyl-
vania. were presented In the Senate TODAY
The majority report opposing the seating
of Mr.. Quay was signed by Senators CAT
fiery, Pettus, Turley, Harris and Burrows,
| the last named, the only republican sign
| ing it, The minority report bears the sig
| natures of Senators Hoar. Chandler Pritch-
ard and McComas, all republicans, and ad-
vocates giving the seat to Mr.. Quay
The majority report first reviews the cir
cumstances under which Mr.. Ouay's ap-
| pontment was made. including the failure
of the Pennsylvania legislature to elect a
senator. 1t then says:
After vacancy in the office of United
! States senator occurs comes to pass, if
| the next legislature does not fill it, it con-
tinues to exist. 1t Is the same vacancy not
new one. Now the state executive is
given power to make temporary appoint-
| ments in case of vacancy, not as long as
| it continues exists, but only until the
next meeting of the legislature which is
'nen required TO NIL the vacancy. This
| clearly means that the paramount intent to
have the legislature choose the senators is
to prevail. and that, whenever the legisla-
ture has had the opportunity to fill the
vacancy either before after it occurs
aDnpint.
And when take the phrase if vacan-
cies happen by resignation, or otherwise
DURING the recess of the Legislature of any
states, If we concede that the general
word otherwise is not qualified nor lin
tied by the specific word Resignation
and that it includes vacancies which are
caused by eff1ux of time, and which can be
foreseen, as well as vacancies which are
caused by a casualty or the happening of
an unexpected event. and which cannot be
foreseen, still it must be construed and de-
fined with reference to the balance of the
phrase so as TO give effect to all its parts;
and it thus results that the vacancy. no
matter now it IS produced. must happen,
take place, or begin during a recess Of
the legislature; and this of itself would be
decisive against Mr.. Quays claim.
Provision for Every Contingency.
Continuing. the report says:
THUS construed. this clause of the Con-
stitution affords every facility for always
keeping the Senate filled with Senators
who are the real representatives of their
respective states. A senator who is cho-
sen 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 ap-
pointed by an executive is frequently only
the personal political favorfte of the ex-
ecutive.
The legislature. we construe the clause.
chooses the senator in the first instance.
IL he ueCIllleS 10 serve or dies before he is
lhducted INTO office; or if, after qualifying
he dies, resigns, or is expelled, the execu-
tive may make d temporary appointment
until the legislature meets again; or it,
owing to changes in state constitutions the
legislature, which is authorized to fill the
term at its commencement, cannot meet
until after the term has commenced the
executive can also make = temporary APP
poin tmeut. .
Every contingency is thus provided for
except the sole contingency that the legis-
lature will fail to perform its sworn duty
Against contingency of this kind the fra
mers of the Constitution did not intend to
provide
After discussing at length the circumstan
ces under which the Constitution was
framed, the ma jority announces its concIu
sion follows
We think that the trainers of the Con-
stltutlon never contemplated nor intended.
70 provide for case where state by
its own deliberate act should DEPRIVE ire
legislature of the power to fill an entire
term at Its beginning. In our opinion they
never intended to give the executive of a
state the power to fill entire term by
original appointment, unless possibly in a
case where the legislature had chosen and
the person elected had refused to accent or
dled before qualification In other words
we conclude that the power of appointment
was not to be exercised unless the vacancy
occurred in the recess of the Legislature
ana was occasioned by some casualty like
death or reSigna ton
ne report then quotes numerous prece-
dents, beginning with that of Kensey Johns
Oh Delaware in 1874, and closing with The
case OF Henry w. Corbett of Oregon in
1898. IL then ends follows:
The Corbett Case and Others
The statement of these cases and pre-
ceoents show that from the beginning Of
the government down to the present time
'he senate has never recognized the right
OF state executive to make temporary