The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-24
The COMMITTEE
REPORTS ON QUAY
tConcluded from Page IL


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think that the former Is the true
meaning of the Constitution. We think
that 1t was the intent OF the Constitu-
tion to provide. as far as possible, that
every state should have two senators.
Convention Hesitated.
First. The Constitutional conven-
tiOn hesitated between comforting the
power OF appointing senator's upon the
executive and the legislature OF the
state in the beginning. Like the legis-
lature, the executive of the state was
supposed to represent the will Of the
people. Under the Constitutional ar
rangements then existing, he appoint
ed all state officers and appointed
judges. who held their Office for life.
SO there Is no reason to suppose that
they considered any executive an un-
fit instrument for such appointment.
And they settled the question by Civ
ing the power of permanent appoint-
ment to the legislature, and of tent
porary appointment to the executive
Second. We can conceive no rea-
son likely to have Influenced the franz
ers of the Constitution for making
distinction between cases of vacancy
occurring In one way or at one time
and vacancies occurring In any other
way or at any other time The Office
of senator may be at any time of
infinite Importance to the interests
Of the state. Upon a single vote may
often depend and sometimes has de-
pended the fate Of measures which
would bring prosperity or misery into
every workshop and also every family
in Pennsylvania. We do not believe
that when the Constitution was enact
ed 1t would have occurred to anybody
that If a senator died within IA week
of the adjournment of the legislature.
or at any time when there were three
parties in the legislature who could
not agree. or at any time when the
two houses who formerly made an
election by concurrent vote were OF
ways of thinking in politics so diff
ferent that they could not be recon-
ciled. that the state must remain un-
represented until new legislature
should be chosen.
They meant. as we believe that for
the interest of the state and the in
terest of the whole country the senate
should always be full. so far as they
could devise a Constitutional mechan-
ism to accomplish that purpose"
They say further that the language
of the very clause in question cannot
be construed as the opponents of Mr..
Quay would construe 1t, or in any
other way than the undersigned con-
strue 1t. without destroying its own
purpose. If there be no power in
executive of Pennsylvania to appoint
a successor to Mr.. Quay under this
clause of the Constitution, there Is no
power in the legislature to choose
such successor until the end of the
term: and in every case where sena-
tor dies or resigns, or where, after
such death or resignation. the legis-
lature has met and ADJOURNED without
choice, or whatever, at the beginning
of term, the vacancy remains un-
filled, 1t must remain unified until
the end of the six years. according
to the logic of the majority Of the
committee"
The State Not in Fault.
On another point the minority say:
1T Is said that ii the legislature has
been in session after a vacancy and
has failed to fill 1t the state is in fault;
that the Legislature has neglected it's
duty. and so it is not unjust that the
state should suffer. There are two
answers to this argument. First. that
it is for the interest OF the whole peo-
pie that every state should be fully
represented; and second, that there Is
no fault to be imputed to the legisla-
tllre of state or to the people. where
q majority vote is required, If there
be a failure to elect. Will anybody
claim that the case of a failure to elect
president for want of a Constitu-
tiOnal majority, a case provided for
by comforting power upon the house
of representatives voting by states. is
the case of fault or negligence on the
part of the people?"
The minority then give considerable
attention to the various cases and
conclude as follows:
THE case of Allen. Washington, was
decided with the Lee Mantle case and
without argument, decision to which
Mr.. Beckwith, Of Wyoming, submitted
without further contest. At that time
there was an earnest division in the
senate on an important question re-
lating to the currency. which created
for the time being more earnest diff
ferences of opinion than those exist
ing between the two great political
parties on other questions 1t was
a time not favorable to a dispassion-
ate. non partisan Judgment.
1--WE prefer the authority Of the New
Hampshire eases, which was acted
on also in the case of Mr.. Pasco, of
Florida. and we think that a decision
which must inevitably deprive states
in the Union for long periods of time
of their rightful representation under
the Constitution will not be permitted
long to stand, and that no settlement
in the question of derogation of the
rights of the states, and, as we con-
ceive, in violation Of the intent of the
trainers of the Constitution should be
acquiesced in"