The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-24
QUAY REPORTS ARE In
MAJORITY OF THE COMMITTEE DE-
CIDES ADVERSELY TO THE
PENNSYLVANIA SENATOR
ONE REPUBLICAN SIGNS

Minority Report Takes the Opposite
View of the Disputed Question as
to Seating the Appointee of the
governor of the State of Penn
ments Advanced.
WASHINGTON, Jan. 22-The reports
of the committee on privileges ard cleo
tiens in the case of M 8. Quay, who
claims seat in the United States SEN
ate on the strength of an appoir tment
from the governor Of Pennsylvania, were
presented In the senate today. The ma
Jority report. opposing the seating Of
Mr.. Quay, was signed by Senators CAT
ferry, Pettus, Turley, Harris and Bur-
rows, the last named the only Republi-
can signing it. The minority report
bears the signatures of Senators Hoar,
Chandler, Pritchard and McComas, all
Republicans, and advocates giving the
seat to Mr.. Quay
The majority report reviews the cir
cumstances under which Mr.. Quays ap-
pointment was made, including the fall
ure Of the Pennsylvania legislature to
elect senator. 1t then says:
After a vacancy in the office Of
United States senator occurs or comes
to pass, If the next legislature does rot
fill It, 1t continues to exist. 1t Is the
same vacancy, not a new one. Now
the state executive Is given power to
make temporary appointments in case
of a vacancy, not as long as It
ny r4cke H,,t
next meeting Of the legislature, which is
then required to fill the vacancy. This
clearly means that the paramount inten-
ton to have the legislature choose the
senators Is to prevail, and whenever the
legislature has had the opportunity to
fill the vacancy, either before or after
it occurs. the executive has no power
to appoint.
1.-THE legislature as we construe the
clause, chooses the senator In the first
instance. If he declines to serve or dies
before~he Is indicted into office; or, II,
after qualifying, he dies, resigns or is
expelled, the executive may make tenn
perary appointment until the legislature
meets again, or, If, owing to changes In
state constitutions, the legislature,
which is authorized to fill the term at It's
commencement, cannot meet until after
the term has commenced, the executive
can also make temporary appoint
ment.
EVERY contingency Is thus provided
for, except the sole contingency that the
legislature will fail to perform its
sworn duty. Against contingency Of
this kind the trainers Of the constitution
did not intend to provide
After discussing at length the circum-
stances under which the constitution was
framed the majority announces it's con-
clusion as follows:
eve think that the trainers of the con-
stitution never contemplated nor intend
ed to provide for a case where a state
by It's own deliberate act should deprive
its legislature of the power to fill an en-
tire term at It's beginning. In our opinion
they never intended to give the executors
of a state the power to fill the entire
terms by original appointment, unless
possibly in case where the legislature
had chosen and the person elected had
refused to act or died before qualiflca-
ton. In other words, we conclude that
the power of appointment was not to be
exercised unless the vacancy occurred in
q recess Of the legislature and was oc-
casioned by some casualty like death or
resignation"
MINORITY REPORT.
The minority report takes the opposite
view. Quoting section 8, article 1, Of the
constitution, the minority say that the
failure of the governor to call the legisla-
ture to elect senator does not act to de-
prive the governor of the power of ap-
pointment. Referring to the constitu-
ticnal provision the question is asked:
"Does the language of the constttu-
ton of the United States mean just what
the constitution of the commonwealth OF
Pennsylvania says: In case Of vacancy
in the Office of United States senator
in a recess between sessions or does 1t
mean that the vacancy must be one
which comes by chance, so that 1t does
not apply at all to the case Of a vacancy
at the beginning Of term, which does
not come by chance but Is foreseen ana
inevitable?"
This question is answered as follows
''If the words have the former meaning
then all distinction between cases Wnere
a. legislature has been In session and
those where a legislature has not been
in session, between the vacancies at the
beginning of a term or vacancies begin
ming after the term itself has begun
and the office for that term once filled,
are without Importance. We think that
the former is the true meaning of the
constitution. We think that it was the
intent Of the constitution to provide as FAR
as possible that every state should have
tow