Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1900-01-24
FOR And AGAINST QUAY
Reports Were Made In the u.
s. Senate.
BOTH SIDES QUOTE PRECEDENT.
Zach Claimed To Have the Right His
side-Both Construed the Constitution
In Way To Back Up Their Attitude
on the Question.

OF the committee on privileges and cleo
tons i'll the ease OF u. S. Quay, who
claims seat III the United States sem
ate OH the strength of an appointment
from the governor of Pennsylvania,
were presented in the senate. The ma
jority report, opposing the seating Of
Mr.. Quay was signed by Senators CAT
fiery, Pettus, Turley Harris and Bur-
rows, the last named the only Republl-
can signing it. The minority report
bears the signatures of SENATOR Hoar,
Chandler Pritehafd and McConas, all
Republicans and advocates giving the
seat to Mr. Quay,
The majority report first reviews the
circumstances under which Mr.. Quay 8
appointment was made, including the
failure Of the Pennsylvania legislature
to elect a senator. 1t then said III part:
After vacancy in the office of United States
senator occurs or comes to pass, if the next
legislature does not fill it, it continues to
lst. 1t is the same vacancy, not a new one
Now the state executive is given power to
make temporary appointments in case Of a va
cancy, not rs long AZ it continues or exists.
but only until the next meeting of the legisa-
ture, which is then required to fill the
cancy This clearly means that the para
I
the senators is to prevail and that whenever
the legislature has had the opportunity to fill
the vacancy. either before or after it occurs.
the executive has no power to appoint. And
when we take the phase eff vacancies happen
by resignation. or otherwise. during tbe recess
of the legislature of any state" If we concede
that the general word aotbartvise' il not o17.-
flied nor limited by the snecife word eresig-
nation and that it includes vacancies which
are caused by ef1lux of time, and which can be
foreseen. as well as vacancies which are caused
by a casuatitv or the hannenins, Of an unex
pected event. and which cannot he foresaen
still it must be construed and defined with
reference to the balance of the phrase so as to
give effect to all it's parts; and it thus results
that the a1e 70 matter how it Is pro-
uucea' must hPp e3 take place or o,Sln our
itself would be decisive AGAINST Mr.. Ouav,s
claim
Thus construed this clause of the constitu.
ton affords every facility for always keeping
the senate filled with senators who are the
real representatives of their respective states
A senator who is chosen by the legislature of
MS state Is hkely TO be the choice OF the ma
u eiie u ms sIaVe "a senator
o,, tb pe,,,al Or ,o1itiea1 f ~,
executiye
The legislature. as we construe the clause,
chooses the senator in the first instance. If
Quoted into efhee, or IT, after qualifying, he
ulo9' ie9lsu9. VI = eApellea' 'he executive
lagislatura meets aa,ain or if o1vin, ~
changes in the state constitutions the leg'sl,,
ture which il .nthori1e5 Ia a n tho +or, o -
commencement cannot meet until oftor ~
term has commenced the execntive can ols,
make a Temporary aDnointnent
Every contipaenev is TINS nroyidad fo,. az,
cent the SOL. oontinoancv that the lo,,i,l,t,,,
a contingency of this kind the Trainers Of tbe
constitution did not intend to provide.
The report quotes numerous prece-
dents, beginning Win thaC OF hensey
johns, or delaware, IN lf94, and closing
with the case of Henry w. COrbett, of
Oregon in 1898. 1t then read in mart.
M .,4.,,,,,4 - a..
- " O"ees anu prece
oeh's SNOW shae from cue beginning Oh the
government uo"h 10 ehe present tlihe ehe SEN
Aue mas lieser recoshi1eo 1he rlshe ol state
W NAM a oeiipo,ary appolhtnehV
~ 'iiV 'A1sn 10y napPeieet Vi ooourFeu uur
Ing " 'es9ioi Vi 'iiS iesiSiaeure'
The minority report takes the OppO.
site view OuOtinQ section z articia !
of the constitutional nroy;sion tba o,os
tion of tho fa,}r,.a ~ +bo ., - -
III ~ ,;l. oo'0i noi w
e"ii tho ~ Siai"'uio voSeeliel 10 eject
seHatOf uees Hob ACT 10 deprive tne gov
Ol hol VI tii0 pOWSt VI u.
Referring to the constitutional provision
the question is asked;
n, ~. ,..,,.. - ,.4.4.-.. ~,
rr;4, So 80 -. - '''AoiA va vno
a. ~ so, rn,'l,
go, al, go - = ,-,,,,,, &C
49, ''.ioy ~ Sie olloe Vi
= - -. - = So099 Jew cen sos.
~. y, - y siistS .o 'I9 inasV
20 oaie ~ ~ oinoe' 80 Vn''1 IL uoss
hI,;,,,,5,-, ~ = -, ,,.hioI 49, ~ ''' W ~
-, - - : - -, - - N'O W
NV - ~ - ''i'' '''e '''''o'
IhlS question Is answered III part as
follows:
IF the words have tha former n,aanin,, tha,,
an disti,,ions het,yeen ,ases where a 1ae,i1
ture has b.en in session and those ,vber. q
LEGISLATURE has not been in session. hetuaan
vacancits at t,e bagin,ing of :, TOW, ara ~
caneies beginning after term itself has begun
anu uiie oAioe loi 'i1 ~ 'eIh once nileu are
wluhou. I'M oltahee' We .n.nN Via' ehe lot
w Nc - Vno u Nv ieeiis =. Uae u'loh
Wo 'iiiaN nm - s' tle iiVeng % thc consul
Uup.on W gtostoe % iai t's oa7'"io' Vha' every