The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-04-24
HANGING IN THE BALANCE
Quay's Fate to Be Decided at Four
o'ClOek.
4 Close Vote Expeeted-senator Vest
May Cast the Pivotal RaIiot-Hanna
Arguments for and kEaint Admit
ting Him to the Senate Continued

When the Senate met at IL o'clock, con-
sideration OF the Quay case was resumed
with the understanding that vote would
be taken at o'clock.
There was small attendance on the
floor and in the galleries, when Mr. Pen
rose rose to finish the speech begun by
him yesterday in favor OF the seating Of
! Mr.. Quay, and few Senators paid any at
! tention to the speaker, many of them be-
ing engaged in the preparation OF the
speeches they themselves intended 10
make on the subject later in the day
The Pennsylvania Senator began by
quoting a number Of legal and constitu
tional decisions as supporting his inter-
probation of the meanings Of the words
happen" and vacancy"
He then took up the discussion Ct the
Constitution of the State of Pennsylvania,
whieh was referred to in the speech Of
the Senator from Wisconsin (Mr QuarlesD.
and maintained that the Federal Consti-
tuition is the supreme law OF the land. and
as each Governor swears supreme ale
glance 10 it the Federal and not the State
Constitution must govern this case TAX
! ing up the question OF preeedents. Mir. Pen
rose declared that the Senate is political
body, that it is not bound strictly by pre-
cedents. and that, in any event, it can
easily be shown tnat the progressive devel-
opment of all the precedents OF the Sen
ate are in the line Of such liberal construc-
tion OF the Constitution as viii recognize
the validity Of appointments made by a
Governor when legislature has had an
opportunity to elect and has failed TO do
So
He then gave q history Of the elections
in Pennsylvania since 1897. showing the
way in which Mr.. Quay and those who en-
dorsed him had been supported much more
strongly than the other candidates Of their
party.
i refer TO these facts" said he, Ito
| illustrate the statement that the Governor
OF Pennsylvania in making this appoint
ment. having a due regard for his indi-
yidual responsibility 10 the people Of the
State, has been sustained by them, and
that in sending these credentials 10 the
Senate il can be fairly claimed that he
acts in accord with the sentiment Of the
great majority Of the people Of PennsyI-
vania.'
Cumber, who also argued in favor Of the
seating Of Quay. lie stated in beginning
that he should make no reference whatever
10 the extraneous arguments that had been
brought forward TO decide the pending
question, but should -eonfine himself en-
tirely 10 the discussion OF the clause OF the
Constitution bearing upon il
He entered into an extended discussion
Of the circumstances under which a clause
nae sHs b. t.
provide for vacancies in the Senate, de-
failing the various changes thai were made
in that clause before il was finally ac-
cepted by the Convention. He argued that
these changes and the debates connected
with them show plainly thar the Cousli-
tutioraI Convention did not have in mind
the possible contingency OF a Legislature
falling to elect but that the intention was
to have the Governor FIJI by temporary ap-
pointment any vacancy that might exist
when the Legislature was not in session.
no matter how il was caused.
Mr. MCCumber concluded his remarks
with the statement that his position ii
the case had been taken entirely on the
ground that careful study OF the clause
OF the Constitution bearing upon appoint
ments left no possibility for doubt that the
Governor Of Pennsylvania had full and
undisputed authority TO appoint Mr. Quay.
The next speaker was Mr. Lindsay, who
devoted his remarks 10 a legal argument
in opposition to the seating OF Mr.. Quay.
He read the clause of the Constitution
giving each house OF Congress authority
to judge the election returns Of its own
members, and referring 10 the precedents
established by the Dupont Mantla and
CoTbett cases, declared that those -ece-
dents bind the Senate, and that OF that
ground alone Quay should be denied a seat
as had been done in the case Of the ether
T.,
Mr. Lindsay argued that as the cases re-
ferred to were authoritatively settled by
the Senate, and as an appeal had been re-
fused from one OF the decisions then rem
dered, even though that appeal had been
properly made. there was no way IN which
the findings of the Senate sitting as
court in previous cases could be reversed
in the case of Mr.. Quay, which is an en-
tirely similar one.
Were il not for these precedents," de-
clared Mr.. Lindsay, Il would have con-
tented myself with a quiet vote today.
do not maintain that this Senate has not
the right TO reverse any decision which il
has heretofore made, but / do maintain
that those decisions cannot be reversed
simply because OF a change in political
conditions governing the case, and former
precedents overthrown by the establish
ment of a new precedent which is to pre-
vail until the political aspect of the Sen
ate shall change.
At O'Clock this afternoon it was freely
asserted in the Senate wing of the Capitol
that Senator Vest held the key to the QUAY
situation. Senator Depew declared the
opinion that the vote would be a tie. II
this opinion. is based on the belief that
Senator Vest IS in the anti-Quay column.
il is evident that the contest is in more
serious doubt than even Mr.. Depew's estf-
mate places it. Nobody processes definite
ly to know how Senator Vest will vote II
is generally predicted-and has been so
predicted from the inception Of the contest
that If Mr.. Quay needs Mr.. Vests vote
he Will get it.
A surprising development of the day was
that Mr.. Hanna was paired against Quay
with Mr. Depew.