Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-02-27
Seth CONGRESS-.
TilIman Makes Fatal Admis-
sion Regarding the South.
Ballot Boxes Stuffed and Negroes Shot
to Save Democratic Rule.
Dcba to on Puerto Rican Tariff in House Ex
tended 10 Tonight.

Quay to u seat in the Senate as Il mem
Der from Pennsylvania. was begun by
TURKEY. Tenn. He presented consti-
tutional argument against the seating
Of Quay which was given closa atten-
ton by his colleagues. He VIII con
clude. tomorrow. Consideration Of the
Hawaiian government bill brought out
lively discussion between Tillman.
S. G.. and Spooner, Wis. in which the
former admitted that ballot boxes had
been stuffed ana negroes had been shot
in NE South to maintain viii e dom
inItiol. An amendment was ~ de 70
the bill striking out the property quail
ficdtion Of voters for member OF ;he
Legislature, but little other progress
was made.
AT the opening Of the session Of The
Senate Frye. Me-. report from tn"
committee On commerce tie shipping
subsidy bill. He announced that q
written report would BE- later pre-
scented to accompany tie iii.
When the Senate concluded its rou-
tine business. Turl.y. Tenn, called MP
the resolution reported from the com
mittee on privileges and elections t.
the effect that the Hon. NJ +. quay
was nut entitled tp d seat in tine SEN
ate as a senator from Pennsylvania
Turley prepared the majority report
If thu committee Mn the resolution ana
spoke. therefore. in OPPOSITION ID the
seating Of quay.
iii there ever was case" ha SAID,
"in which a governor ~ a sta,e under
the constitution is without power to
fill the vacancy. it Is this one. The ac-
ton VI the governor was in the teeth
# every provision OF the constitution
bearing upon the subj ct."
He pointed out that the vacancy had
occurred during session Of the Leg
islature The Legislature remained in
session some time after tn" vacancy
existed. yet it had failed to till the va
cancy and Immediately upon the adj
iournmcnt If the Legislature the gov
crnor had appointed Quay.
Turley agreed that the representa-
ton in the Senate from each state
ought at all times to he kept full. bu;
he did not believe that the trainers Of
the constitution had intended deliher-
atcly to confer upon somebody else
the duty to fill the vacancy in case tn"
Legislature failed to perform its duty.
Turley entered upon detailed dis
cussinn of the constitutional and tech
nical points involved in the case. his
desire being, h said. to present every
legal phase Of the question.
Turley discussed the provision Of the
constitution bearing upon the vacan-
Cies il the Senate, in the course of
which discussion Hoar, Mass. inquired
whether it was not fact that the con
stitutional convention had not voted
unanimously for A provision placing no
limitations upon the governor to ap-
point a senator when a vacancy exist
cd. This Turlcy admitted. Then IIoar
quoted the record Of the constitutional
convention to show that the change
had been made on 4 motion by Madi-
son not with a purpose IF limiting the
power If the state executive, but for
the purpose of eliminating any doubt
as 20 tn" reasons for a vacancy.
In reply Turley contcndcd that if this
clause Of tn" constitution was the only
provision under which a senator could
resign then it was implicitly a with
holding Of the right to resign from the
members Of the House Of Representa-
lives. II say that ii were better for
ga,,a., 49,, .bat wa eta,,fd bo,.. ~,
.1iea,acafIn cnnta-ts that It'll nm III
c,r,irg III co,,,,,o,, s1id rrn,la,.
r., hat.o,, rn, tho Ir.Irar, IF The
co,,pt,v ana ma sofotv Ar tba ran,,h-
Nv. +bat .,-s,., et,+a vi r,tifi,d III t,n-
,,,,,o. not ,a,,ot ra ,,,is,ol,nn tbot H.
,,,,n,,nar,t r.,,,rae.,,,,tin,, -, mic ho,I,.I
,b,II J.,,,,,l ,,,.,, III. ,1a,,tno WILT,
ieiatnr.. tba+ u,iiI 4, n. dut,..,
Does rnt tho senator absolutely lose
sight If ira f,ct " incurred penrosa
Penn. that BIZ some legislatures
there exists an absolute INABILITY fol
al-ct i snn9rnr. M acrnunt M tha I,rg4
III tba Taoi.lat,,ra ,rI
three or moro nartfas rand.,ina il i'm
possible far one candidat, ia secure .
majority of TIA IegisI,-ur.o''
y saw that .he belief tina: this sen
ate is not going to decide these con-
tests upon legal ana constitutional
grounds. but upon personal grounds
purely" RESPONDED Turkey. "has great
IL 7, do Win tha number III contests
Y,,l, ~ !. l..