New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-03
PART II.
FOUR PAGES.
SEATING OF QUAY URGED.
ARGUMENTS PRESENTED BY SENATORS
HOAR AND ELKINS
IBy TELEGRAPH TO THE TRIBUNE. !

IBy TELEGRAPH TO THE TRIBUNEl
Washington. March Mr.. Hoar of Massachu-
eetts, restated to-day the Senate the views he
has long and consistently held on the propriety and
validity Of appointments to seats in the upper
house Of Congress. Like Mr.. Morgan. of Alabama
Mr.. Hoar has contended. in season and out of sea
son, that the chief aim of the trainers of the
eligibility clauses or the Constitution was TO in
sure the Senate at all times its fullest possible
membership. According to this theory the time or
manner in which vacancy occurred was held to
be of moment whatever by the Constitutional
Convention, which sought to provide against all
contingencies by giving the Governor of a State
penary power to I'll! the gaps appearing through
the Legislatures neglect otherwise in any
ccmmonwealth's representation. The Massachu-
sets Senator presented this contention with his
accustomed zeal and eloquence as exhibited in the
Mantle and Corbett cases. His constitutional opn-
ions were brushed aside then by large majority
OF his colleagues To-day, however MANY of
these same colleagues seem disposed to welcome
them DIS helpful guide to constitutional duty
SENATOR HOAR'S ARGUMENT
Mr.. Hoar discussed at length the history of the
framing of that of the Constitution relating to
the election OF Senator'S his particular idea heiny
10 show that the country large was vastly inter-
ested in having every State fully represented in the
Senate. This idea, he said, was constantly before
the Trainers OF the Constitution He dwelt partic1,-
larry on the Importance of single vote especially
In the Senate. He declared that one vote had
changed the policy Of the country TO Imperialism
I"ice IN MS own State had single elected
Commonwealth II
presuTnable. he inquired, that the trainers of the
Constitution had intended that in such orcuro-
stances as the present the great State of Pennsyl
wanna should have in the Senate only half of its
representation, or that he people Of the country
should lose the advantage of having in the Senate
the representative of $4,000 people?
'One question" he continued II have never
heard answered satisfactorily. 1t is What diff
ference does il make could it possibly make
whether a vacancy here happens at one time or
happens a
it make whether the case be determined 1IDon my
definition of the word happen" as it appears in
the Constitution or upon the definition of my op-
ponent?'"
In response to question from Mr.. Turley Mr.
Hoar said that in the case of Chief Executive Of
state the responsibility for action inaction
was de1niteiy fixed on one man. If the Governor
did not feel that he correct in his position be-
fore his constituents he would make no aDpoint-
ment. The trainers OF the Constitution he said
regarded the Governor as fit depository of power
and in the appointment of Senator a proper rep
rescntstive in such action of the people
Mr.. Hoar, dealing with question asked him as
to the presidents / cases involving the seats of
Senators, said: "Cne thing might as well be said
now, and said aloud. well in the minds of
Senators. concerning presidents In all election
cases. They of the least value of any prece-
dents Of any judicial quasi-judicial tribunals
Perhaps six eight Senators will discuss the
cases before the Senate and give the reasons for
their positions. The remainder of the Senators
VIII go on record merely IN their votes It be
recognized that political and personal feeling
largely enters the determination of these cases
and the establishment OF these 'precedentS.'
He asserted that Senators knew that the cases
OF Messrs Mantle Allen and Beckwith were de-
cided against these men because they were Silver
men and the Senate was about to consider the
peal of the Sherman law.
Mr.. 1urley cited the hypothetical case Of the
Governor of Kentucky calling troops the State
capital and dispensing the Legislature before the
election of United States Senator as had re-
Gently happened after the election of the Senator
He held that II the Governor subsequently, should
appoint a Senator the Senate would certainly re-
fuse TO seat him.
Mr.. ELKINS ALSO FOR SEATING QUAY
Mr.. Ellzins. of West Virginia, then addressed the
Senate The question presented O the Senate"
he said, sis purely of lava proper construc-
ton OF the Consttution-and other element or
factor should enter into its determination. Mr.
Quays merits or dement's his personality have
nothing to do with the In reaching a con-
clusion.'
Mr.. Elkirs maintained that II was clearly the
intention of the trainers of the Constitution that
each State should be constantly represented In the
Senate by two Senators. and that as a corolary
10 that proposition the Chief Executive of State
is empowered at all times fill vacancies that
happen in the recess of the Legislature
In conclusion Mr.. Elkins said: In the now
pending no reason presents itself why the Senate
plain language Of the Constitution by sea ding Mr.
Quay. To mind, the language Of the Consti-
tuition Is plain and should occasion doubt IF
this language employed In the ordinary bust
OF any political body, in my judgment there would
never be the least doubt about It's meaning. II
would receive the natural and plain construction
its reading authorizes"