The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-24

The reports of the Senate Committee CT
Privileges and Elections in the case of NJ
5. Quay. who claims a seat in the Sena,t
on the strength of an appointment from
the Governor IT Pennsylvania. were pre-
sented to the Senate yesterday. The ma
jority report. which opposes the seating o.
Mr.. Quay. is signed by Senators Caffery
Pettus. Turley. Harris. and Burrows, the
latter being the only Republican whc
signed it. The minority report advocates
the seating of Mr.. Quay, and is signed by
Senator'S Hoar. Chandler, Pritchard and
McComas. all of whom are Republicans.
After recfting the history of the legisla-
ture, which adjourned without effecting
| an election, and the appointment of Mr..
Quay by the Governor of Pennsylvania. the
majority lay down the opinion that when
ever the legislature has had a right and
| an opportunity to fill vacancy. either be-
fore or after 1t begins, the executive can
not lawfully appoint
After a vacancy In the Office OF United
States Senator occurs or comes TO pass. IL
the next legislature does not fill it, 1t con-
| tinues to exist II is the same vacancy. not
a new one. Now the State executive is
given power to make temporary appoint
ments in case Of a vacancy. not as long as
! IL continues or exists. but only until the
next meeting of the legislature. which is
then required TO fill the vacancy"
| After discussing at length the circum
stances under which the Constitution was
framed, the majority announces its con-
clusion, as follows:
Defining n Vacancy.
I'VE think that the trainers of the Cen
stituiion never contemplated nor intended
to provide for a case where a State, by
is own deliberate act. Should deprive its
Legislature of the power to fill an entire
terms at its beginning"
The fundamental principle thus estab-
lished is that if the legislature. either be-
fore or after the happening of a vacancy.
has had an opportunity TO fill it. then there
is no power in the State executive to ap-
point
THE result is fatal to the claims OF Mr..
Quay. No danger Of evil has resulted to
the Government from the enforcement of
this principle. We therefore submit that
the Senate for its own honor and dignT-
t. should stand by its previous solemn and
deliberate decision. and recommend the
adoption OF the following resolution:
".Resolyed. That the Hon NJ {. Quay is not en-.
titled to take his scat IN this body as a Senator
from the state Of Pennsylvania
Views of the Minority.
The minority report takes a different
view of the case and favor Mr.. Quay's
right to the seat
Section g. Article I. OF the Constitu-
iion is quoted. and the minority argue
that the failure Of the governor TO call
the legislature together to elect Sena-
tor does not act 10 deprive the governor
of the power of appointment
Continuing. the report asks: Does the
language Of the Constitution OF the United
States mean Just what the constitution
Cf the Commonwealth OF Pennsylvania
says: In case of a vacancy in the Office
of United States Senator In a recess be-
tween sessions or does II mean that the
vacancy must be one which comes by
chance. so thst 1T does not apply at all
TO the case OF vacancy at the begin
ming OF term. which does not come by
chance. but is foreseen and inevitable?'
In reply to ti,is question the following
statement is made in the report:
''lf the words have the former meaning.
then all distinctions betwee: cases where
a legislature has been In session and
those where legislature has not been
In session, between vacancies at the be-
ginning of a term and vacancies begin
ming after the term itself has begun and
the ONCE for that term once filled, are
without importance. We think that the
former is the true meaning OF the Con-
stitution. We think that ii was the in
tent OF the Constitution TO provide. as far
two Senators.
First. The constitutional convention
hesitated between comforting the power
OF appointing Senators upon the executive
and the Legislature of the State in the
beginning. Like the legislature. the ex-
ecutive Of the State was supposed to rep
resent the will OF the people. Under the |
constitutional arrangements then exist |
ing. he appointed all state officers and |
appointed judges who held their Office for |
life. So there Is no reason to suppose |
that they considered the executive an unfit |
instrument for such appointment. And |
they settled the question by giving the |
power of permanent appointment to the |
legislature. and OF temporary appointment
to the executive.
Importance of a senator.
Second. We can conceive no reason
likely TO have Influenced the trainers OF the |
Constitution for making n distinction be-
tween cases of vacancy occurring in cne
way or at one time and vacancies occurring
In any other way or at any other time
The office OF Senator may be at any time
Df infinite Importance 10 the interests OF a
State. Upon single vote may often de-
bend and sometimes has depended the fate
,f measures which would bring prosperity
,r misery into every workshop and almost
very family in Pennsylvania We do not
believe that when the Constitution was en-
icted II would have occurred TO anybody
hat II Senator died within a week OF the
OF the legislature. or at a
ime when there were three parties in the
legislature who could not agree or at
ime when the two houses who formerly
made an election by concurrent vote we're
Il ways Of thinking in politics so different
hat they could not be reconcied that the
State must remain unrepresentad until a
lew legislature should be choocn.
They meant. as We believe that for |
he interest OF the States and the interest
" the whole country the Senate should |
lwayss be full, so far as they could devise
constitutional mechanism TO accomplish |
hat purpose. The debates in the conyen-
ion show. it seems to us. that such was
he understanding of all the members
here is not the slightest suggestion OF
ny distinction in the kind of vacancies ,
rhch may be filled by the executive of !