The evening times., 1900-04-12

ate the speech in opposition TO the seat
ing Of N. s. Quay as a Senator from Penn
syiyania which has long been looked for
ward TO as being the strongest argument
to be put forward by the opposition The
speech summarized the various contentious
which have heretofore been presented. and
contained a long list CT quotations from
various legal and constitutional authori-
ties in support OF the ground taken by Mr-
Burrows and his associates. IL beginning
his remarks the Michigan Senator said
1T is never a pleasant duty for one 10
differ with any considerable number Of his
party associates. especially upon a meas
ure Of party policy; but when the question
in controversy Is not, or at leas; ought
not 10 be. ia any sense a party issue. but
is entirely dependent upon the higher con-
sideration Of constitutional! construction,
the embarrassment largely disappears. Ny
views upon questions OF this character
have not been hastily formed or now Tor
the first time publicly expressed.
Two years ago Henry ". Corbett pre-
scented "a letter from the Governor Of the
State Of Oregon commissioning him 10
seat in this chamber. made vacant by the
The right OF the executive to make such
appointment was questioned by the Sen
ate. the oath OF Office withheld. and the
matter referred TO the Committee on Priv
ileges and Elections. As an humble mem
Der o. that committee il became my duty
AT that time. with the other members Of
that committee, 20 examine the question
and as the result Of such examination
was forced TO The conclusion that the
nf frrr TINS ia bar
not lodged with the executive. and a ma
iOriry of the committee so reported. the
Senate sustained that report by vote
Cf Efry TO nineteen Since that time /
have seen nothing to cause me 10 reverse
uy judgment; further examination has
served rather 10 strengthen and confirm IL.
The material facts in this case are the
same as they were in that. The Consti-
tuition is the same The precedelfs are
the same. The only change is in The
usmc OF the party seeking admission 10
tho Senate"
Nr Burrows then recited the history Of
the Quay case, and in commenting upon The
majority report OF the Committee on Priyi-
Iegps and Elections said
The sole question presented for the con-
siderati0u OF the Senate is whether this Ea-
caucy. occurring when the Legislature WAS
II session. was such vacancy. within The
eru0r OF the state could supply by JeUpo-a-
y appointment II il was. then the right
OF Mr.. Quay 10 a seat iE this body, hy
virtue Of the Governors commission. i~ ur-
questioned and unqUestiOuable- II ir was
not. then such appointment was wholly
without authority Of law. and the commi>-
siCu issued in pursuance thereof utterly
null and void"
Referring 10 the remarks made br 1.r-
an D. Hr H.r
pealed TO the friends Of Mr. Quay lo cp7
20 his assistance Mr.. Burrows said
have understood and supposed that i-e
qualifications for a United states S--@,cr
we're prescribed by the Constitution ct Tie
United States. requiring that o-e Should
have attained the age Of thirty years. l-tH
uiuc wears citizen OF the Unite S.l'rs-
and an iuhabitaut of the State alom El.
chosen.
III has not been my understanding lha-
iu addition to these qualification be
should possess the friendship Of the indl-
yiduai members Of the Senate. or that lt
he possessed these constitutional qudiih-
cations that the personal likes or dlsltkes
Of the individual MEMBER Of the Senate
could in any way be invoked in determia-
ing the right to a seat in this body. We
are gduouished that Mr. Quay has here
tofore been a member OF the United States
Senate. but il has not been my under
standing that in addition 20 age cltizen-
shin. and iuhabitaucy Of the State, 30 VAS
| also essential that one should have been a
member of a previous Senate. 40 nos
find i- laid down in the Constitutions, IS
one OF the qualifications for admission to
/ this body that a man should not oniy oe
! of proper age. citizenship. and a resident
Z Of the State, but should also have voted
/ for or against the Force bill at some time
/ in the course Of his Senatorial career
! Afr Burrows then referred 10 the discus
J .iors that have taken place over the mean
/ ing OF The appointment clause of the
J Constitution. and after general discussion
Z OF that subject. said,
III ,Ir QUAY is admitted il VIII De the
irsl time i'm the history OF the Senate OF the
/ United States that the right has been ay-
| corded the Governor of a State to make
! temporary appointment 10 vacancy which
/ happened when the Legislature was iu scS-
/ sion and declined or failed TO hil H. IL
/ this be true it ought 20 be decisive Of this
] case and end the controversy
That the Executive Cf q State has ;hN
I power. under certain circumstances ard
conditions. 10 make temporary app7ilt-
/ ments Of United States Senators .s not do
I MED. but the extent Of such power D. -'.''
I matter IN controversy The executive 1-
/ empowered 20 make temporary appoint
/ mems under certain restrictions rri im-
| itatious. clearly set forth and dsfuel. Die
has no authority. however. to supply /
/ vacancies unless the construction cOi-tEU-
I ed for by the minority shall prevail.
Z air Burrows then gave a dstallai l.-,Crs.
step by step Of the develCp Cpment ot ,fe
/ appointment clause from Is inception 10
its final completion and embodiment ;n The
| Constitution and declared that the follow
ing express conditions must -
exist before the executive Of the SJd.a c-R
exercise the power Of temporary app3iar-
ment,
Firs- a vacancy must happen, second.
it must happen during recess: and jhird.
il mus- happen by resignation o. other
aonly when these three things concur
and co-cxist." he said, "can the Executive
of state exercise the power Of temporary
appointment
mo Governor has yet attempted TO tske
the matter OF selecting Senators ou1 o. the
hands Of the Legislature and make tenn
porary appointment 20 a vacancy when tho
Legislature was in actual session. Do viii
be a mere matter of time. however. il this
refinement OF construction continues when
the Executive Of a state viii usUIp the
functions OF the Legislature and make APP
| pointments even when the Legislature is in
| session. He can now. in the plain l7n-
/ guagc OF the Constitution. appoint only tg
! vacancies which happen during The recess
OF the legislature
Death From ApopIeVy.
John J. Jackson. colored. employed as =
Iaborer in the City Pastofice. was soizcl
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