The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-04-13
HITS QUAY
RIGHT FROM
The SHOULDER
..,- Burrows Secures the Atten-
- .s NJ the Senate in his Master
W. .rI and Exhaustive Speech.
SANE AS THE CORBE1T CASE.
,,,.. vot Admit Men for Personal or
A4., .,ii,ieol Reasons-stGtes VIII
be Kept in Discord

n,4p In the senate to-day by Mr'
',.s, VS.. =, dI.placa the present untin-
1..s %y'S hr.tncss-the spooner Philippine
M, ,,r. by III, substitution in its stead Of
.s s.| y,raracua canal bill. While Mr..
~ ,I-,r,s motion failed Is to 80, tic
Dsn'anrne nI,S measure had a narrow escape
,. ,I,,' hagnr displaced by the Alaskan
,,,n .,Sr' ,o5, bill on motion of Mr.. Car
a.I g. ,ts motion being defeated on a roll
W ., 10 2t The feature OF the days
-.,a,linrs ..,. was an exhaustive discus-
Ev, ,'o. og m. Quay case by Mr.. Burrows,
:, ~, ",.biran. Senator's on both sides OF
:. .sa rbamber gave him the most careful
SsgrIrg h, and q. the conclusion OF his
,ceech was warmly congratulated
Burrows Talks on the Quay Case.
~. Rprrows. cMich.). addressed the
,.,a,e on thu resolution relative TO the
..a,,,r NJ Hon. NJ. S. Quay as a senator
f-on pennsylvania. He said in part:
Nv Burrows said that as member cf
~, committee on privileges and elec-
,,,,, ~, called upon two years ago to con-
.,a.r tbe case OF Henry w. Corbett, ap-
r,,,,p5 n senator by the governor of
nr.yop he was forced to the conclu-
,lor that the power of appointment in
,s,t case was not lodged vita the eS-
srn,ivp and 4 majority of the commit
tes 50 reported. The senate sustained
M, rpport by a vote OF 80 to 10. Since
ina, tms have seen nothing to cause
mo 10 reverse my judgment; furthe:
examination has served rather 20
strengthen and confirm It, The mater
ial facts in this case are the same as
,b,y were in that. The constitution is
the same. The precedents are the
same. The only change is In the name
Q! the party seeking admission to the
senate Then 1t was ex-senator Cor
b,t,; now it is ex-senator Quay. A
change Of parties certainly ought not 20
produce a change OF convictions"
A Question of Supreme Moment.
Mt. Burrows carefully reviewed the
QUAY case from It's inclpiency and
stated the question at issue. 1T is a
question OF supreme moment" said ne,
TO all the people Of all the states THAI
this great council OF states shall have
within its membership those. and only
those, who bar credentials of unques-
TONED authority. To admit others, for
personal OF partisan reasons. would de-
grade this body 10 the level OF poli.l-
cal caucus, shak2 public confidence.
bring the senate into contempt, and Ia
fict a blow upon representative gov
ernmaat from which II could not readily
recover
NO governor has yet attempted 70
take the matter OF selecting ssnators
out Of the hands OF the legislatures and
make temporary appointment to u va
eaHcy when the legislature was in act
ia! session. 1t will be a mere matter
OF time, however. II refinement Of coz
sirucion continues. when the executive
OF a state will usurp the functions OF
the legislature and make appointments
even when the Legislature is in session.
He can now In the plain language o:
the constitution appoint only to vacan-
c.es which happen during the recess OF
the legislature,
No Controversy as TO Meaning.
"There cannot possibly be any contro-
versy as to tn meaning OF the words
during the recess. That is n fixed,
definite period OF time-from the day
the legislature GdJourns to :he day OF its
and the vacancy which
ths executive Of the state is authorized
TO supply must happen during and
within that period"
As this vacancy occurred not during
the recess OF the Legislature" but while
It was In session-and remained in ses-
sion for f9rty-saven days afterwarh,
Nr Burrows maintained that the gov
eTnor clearly had no constitutional au-
'hoHiy to appoint Mr.. Quay or anybody
else.
The whole contention OF Mr. ouay's
friends, said Mr.. Burrows, "is that the
ttecatIye may fill any vacancy he finds
existing when the legislature Is in re-
os.~
Would be the Same Case Over Again.
In this very case. as an illustration,
ID ih. approaching election In Pennsyl-
'ahia, only about six months distant, Il
Ex-senator quay should be candidate
.sT reelection 1t will not be necessary
'T hin TO carry a majority Of the legls-
4inTf. 5at only to secure 4 sufficient
lumber OF adhcrents to prevent an elec-
!'a aud force an adjournment. when
Governor Stone can again disregard the
Mandates NJ his own constitution. re-
1Se 10 nall session OF the legislature,
'4 atilh Issue his commission TO Sen
.''r Quay to hold a seat in this body
.'NI the next meeting Of the legisla-
"R and then, upon the theory Of the
minority. be- would be seated. and TINS
sPsat the process for the full term Of
x HaoT and - continue to hold n seat
iHas body by the fdvoriism Of the
'''T01r and independent Of the vii! OF
Na legislature Of the state Of Pennsyi-
"a'a. l8 the senate Of IN. United
.2ls prepared to Indorse construc.
'' which would LEAD to such results!
Keep the State Full Of Discord.
Under tha construction OF the minor
w HpoH thn admission Of a new state
''o The Union, II the Legislature should
's'2c' or refuse to elect senators, why