The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-24

Matthew s. Quay to seat in the senate
was begun in that body yesterday. As soon
as the routine morning business had been
concluded Mr. Penrose requested the Chair
TO lay before the Senate the resolution de-
clsring that Mr.. Quay is not entitled to
Beat The President pro tempore asked
whether there was objection to the
request. and Mr.. Cullom was the first Sen
ator recognized for reply to the ques-
tion.
He said he desired II to be understood
that whatever might be done with the case
he would not consent to the displacement
of the Hawaiian government bill as the IN
finished business.
Mr.. Penrose explained that the election
case would not conflict with the bill oil the
Senator from Illinois, but said that ne de-
sired to inform him that as a question oil
p,iyilege all other business would have 10
yield to this question.
Mr. Cullom stated that although he was
not disposed to be arbitrary, he must in
sist that the Hawaiian bill be taken up
each day at o'clock.
Mr.. Burrows called attention 10 the Ill
ness of the Junior Senator from Tennessee
(Nr. Turleyl. who had made the majority
report OF the Committee on Privileges ana
Elections. on the Quay case, and wno' ne
said desired to make the opening argu-
ment He explained that Mr. Turley eN-
pected TO be in the Senate chamber neNt
Monday. and requested MIR. Penrose TO let
the resolution go over until that day.
II shall be very glad" RESPONDED MI.
Penrose. Ito reply to the Senator's appeal
when the Chair has laid the resolution be-
fore the Senate
Mr.. HaIe's Query.
The presiding officer again asked whether
there was objection to the consideration oi
the resolution. Mr.. Hale asked whether
the Chair meant TO intimate that a single
objection would carry the question over
The Chair replied: 1T is an intimation,
perhaps that in the opinion Of the Chair,
this resolution being on the calendar, can
only be brought before the Senate for con-
-sideretion by unanimous consent or by
majority vote"
II do not wish to be considered. said
Mr. Hale. "as agreeing that this resolution
shall crowd out the Hawaiian government
bill, the bill for the government OF Porto
Rico. the financial bill. or any other
great questions before the Senate. have
very decided views on that subject"
MIR Chandler interposed the remark
that Mr. Penrose did not desire TO address
the Senate at that time. but that the Sen
ator from Virginia (Air. Daniel was pre-
pared to do so.
Mr. Hoar said he favored taking up the
question. for If the State of Pennsylvania
had a lawfully appointed Senator that
Senator had a right TO vote on the Ha-
waiiaa bin. the Porto Rican bill. the
Alaska bill and all other matters before
the Senate. lie supposed that the Senate
had settled the question by rule that
puts cases OF credentials of Senators on
higher ground even than conference re-
ports.
Mr. Foraker said !; was his understand
ing that the taking up of the case at this
time was simply to afford Mr.. Daniel an
nprerfrrsty 10 address the Senate upon it.
II anything frrther was contemplated he
would feel Obliged TO resist. but if that
was the understanding he could have no
obiectian-
Mr.. Pegrosc-s Contention.
Penrose warmly declared that he
disagreed entirely with The Senator from
oaio
u have not called VI tiis case" he
continued. merely for the purpose sug-
gested. l dc not know whether one, two.
or more Senators desire TO speak. ] de-
sire to say that | disagree with the inti-
mated ruling OF the Chair that a question
of the highest privilege must be taken up
by unanimous consent or by vote OF the
Senate. This question takes precedence
over every other uncover the unfinished
business. 1 am prepared TO go on with
discussion of the parliamentary questions
and have many precedents here 10 which |
shall call attention. but at this time j do
not want to impose upon the Senate.
will say however, that propose TO press
this question to an early solution. do
not care to impede the unfinished busi-
ness. but propose that the question shall
have its full recognition. The whole case
can be discussed as TO set speeches in
few hours. and as to desultory discussions
in three or four days"
Mr.. Foraker said he had no desire TO
oppose the consideration of the case, with
which he was fully in sympathy, and he
declared that IL was his intention TO vote
for the seating OF Mr.. Quay.
II suppose" said Mr.. Aldrich. there
IS an understanding that the case is 20 be
taken up merely to enable the Senator
from Virginia to speak.
Il disclsim any such intention so far
as 1 am concerned" said Mr.. Penrose.
Mr.. Hale then said he would object TO
Mr.. Penrose's request. Mr.. Penrose
moved that the resolution be taken up.
question that was not debatable. and the
yeas and nays were ordered.
The motion was agreed to by vote OF
81 to 2s. divided as follows:
yeas-Alison Bate Beyeridge. Carter. Chand-
Ter. Clark OF Montana Culberson. Daniel Davis,
Dcpew. Fairbanks. Foster. Gear, Hsiisbrough,
Havley. Hear, Jones Of Nevada, kenney, Nc
Coma NcErerv. McIaurin. Martin, Morgan, Mel
son, Penrosc Perkins. Ptttigrew. Pritchsrd,
shoun. stewart. TaIiaierro. Vest, Warren. Vol
cott-3i.
N.vs-Aldrich. Burrows Butter, Gallery, Chill
Ton, CLARK Of Wyoming. Cockrell. Cullefn, For
sker. Gallnger, Hale. llama, Harris, Jones Of
Arkansas. Kesn. Lindsay, McCumber. MCMILLAN
Pettus, Platt Of Connecticut, Proctor. Quarles
Rawlius. Ross, Simon, Teller, Tillman, Turner'S
Mr.. Daniels Argument.
when the vote was announced Mr.. Daniel
arose and addressed the Senate In favor of
seating Mr.. Quay.
He referred TO the fact that this was the
third time that he had had occasion TO
consider question OF this nature, and that
each time he had taken the ground that
the Senator appointed by the Governor Of q
State during the recess of the Legislature
was entitled TO be seated. He said that
he did not believe that this question will
ever be settled in the Senate until that
body has come to the conviction that this
Is the correct Interpretation OF the Cunsti-
tuition. Mr.. Daniel then reviewed the cir
cumstanees leading 10 the appointment OF
Mr.. Quay. and said that to his mind the
credentials Of the Senator-elect are as per-
feet as any ever presented TO the Senate.
He retsrTed TO the opinion expressed by the
IN VO11