The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-07
DEBATING THE QUAY Case
Mr.. Simon Replies TO DIR. Carter's
Charges Against COrbett.
Significant Reference Made to PoIiti-
cal Conditions i'm the Montana Sem
ator's StRtc-NIr. HOnr Discusses the
Question of Preccdents and the
constitutional Points Involved.

The resolution opposing the right Of Mat
| thew 5. Quay to a seat in the Senate was
taken up in that body yesterday at the con-
/ clusion of the routine morning business,
and MIR. Simon spoke in support Of it. He
/ devoted the greater part of his remarks to
a reply to the speech made on Monday
/ by Mr.. Carter. in the course of which the
1 Montana Senator adverted to the reasons
which induced him to vote against Mr.. Cor
bett. who was an appointee of the Governor
| Of Oregon. Mr.. Simon said the Senator had
made the distinct charge that Mr. Corbett
had corrupted the Legislature and defeated
the desire of the people of Oregon, and he
declared that he could not permit this
unjust and untrue charge to be unchal-
lenged.
Mr. Simon said that. as a member of the
Oregon Legislature at that time, he could
state from personal knowledge that Mr.
Corbett was in no way responsible for the
failure Of the Legislature to elect a Sena-
tor or for the failure Of the House to or
ganize. He maintained that Mr Corbett
was anxious that the Legislature should
organize, in order that a Senator might be
elected in line with the policy of the in
coming Administration. He asserted that
the failure VI the Oregon House to or
ganize was due to former Senator Mitchell,
and to him alone. Mr.. Simon reviewed the
situation in Oregon and in the last Legis-
lature, and denied the imputation Of cor
ruption on the part OF Mr. Corbett.
He then referred to the fact that Mr..
Quay. as member Of the Senate, had been
paired against Mr.. Corbett, and enquired:
IF We now seat Mr. Quay. how will it be
possible for the Senate to compensate Mr..
Corbett for the great wrong done him."
Mr.. Simon said that in his opinion the
mere fact that Mr.. Quay had been paired
against Mr.. Corbett, was enough to cause
a decision against the former on the
grounds Of justice alone. He declared that
the decision in the Corbett case had estab-
lished precedent, and that he for one
would vote against the seating OF Mr..
Quay for that very reason
Mr.. Carter spoke in reply to the re-
marks of Mr.. Simon. He said he had not
intended to make a personal attack upon
Mr.. Corbett. and that he had referred to
his case simply because of its bearing upon |
the one now pending. Continuing. he said |
Il assigned as a reason for voting against |
Mr.. Corbett the belief l entertained then. |
and which l still entertain. that the pro-
ceeding in the organization of the Legisla-
ture was revolutionary proceeding, to I
which Mr. Corbett was a party"
MIR. Carter then sent to the Presiding !
Offcer's desk and had read letter from /
George c. Brownell, Chairman of the Joint 1
Assembly OF the State of Oregon, In which |
he discussed the situation in the State at |
the time of Mr.. Corbett's appointment by /
the Governor Mr.. Carter followed this 1
letter with the assertion that Mr. Corbett /
and the Governor OF the State were In the
combination not only to defeat Mitchell. !
but to elect Corbett. He quoted from the |
legislative record to show that Mr. Cor /
bett could not have mustered a corporal's
guard of votes in the Oregon Legislature
and said that his entire effort was to pre-
vent the organization of the Legislature,
IN order that he might secure the appoint
ment.
In reply Mr.. Simon said: 81 have been
induced to believe that the statements
OF the Senator from Montana CNr. Carter
have been somewhat warped and exag-
gerated by the peculiar atmosphere of
Montana politics. in which, if what has
been heard about the Capital during tie
last few weeks approximates the truth.
II is the general practice to use money in
large amounts" In fact" he continued.
'it has been said that one gentleman in
Montana. a candidate for an honorable
office, has separated himself from about
$500 O00"
Mr.. Simon said he would not attempt To
assert the truth of this latter story, but
that it is generally believed throughout the
West, and it seemed to him that Mr..
Carter might have obtained his ideas about
the corrupt use Of money nearer home
than the State of Oregon.
Mr.. Hoar took up the statement made
by Mr.. Simon that he expected to vote
against the seating of Mr.. Quay because
of the precedent established by the Corbett !
case and asked him il he would vote that
way if no such precedent had been estab-
lieved with Mr. Hoar that the Governor
OF STATE has power to fill vacancies by
appointment when the Legislature fails
to select Senator, but that he would
vote TO uphold the decision Of the Senate
in the case OF Mr.. Corbett. as it applies
to Mr.. Quay, and as there is no way of
reversing it in the former case.
Mr.. Hoar then made a brief argument on
the Interpretation Of the Constitution.
which he declared supports the claim of
Mr.. Quay. He argued that the word
happen" as used in the Constitution does
not mean fortuitous occurrence. but that
1t applies to a vacancy existing, whether
it came by chance or not
Mr.. Simon said that in the Corbett case
the Legislature of Oregon had never or
ganized and had, therefore, had no oppor
tunity to elect a Senator; so that Corbett
had much stronger claim than Qauy
now has, and yet Mr.. Carter and Mr..
Quay had voted against Corbett
The matter went over without action.