Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-23
THE QUAY Case REPORTED

THE fundamental principle thus eS.aO-
lished is that If the legislature either be-
fore or after the happening of vacancy
has had no opportunity to till 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 or evil has resulted |
to the government in the enforcement OF
this principle. We therefore submit that
the senate for it's own honor and dignity
should stand by it's previous solemn and
deliberate decision"
The minority report takes the opposite
view. Quoting section three, article one
of the constitution, the minority say that
the failure of the governor to call the leg
islature together to elect a senator does
not act to deprive the governor of the
constitutional provision, the question is
asked: Does the language Of the consti-
tuition of the United States mean just
what the constitution of the common
wealth of Pennsylvania says, lin case of a
vacancy in the Office of United States
senator in a recess between sessions or
does 1t mean that the vacancy must be
one which comes by chance, or that it
does not apply at all to the case of va
cancy at the beginning of term which
does not come by chance, but is foresaen
and inevitable.'
This question is answered as follows:
IF the words have the former meaning,
then all distinctions between the cases
where legislature has been in session
and those where legislature has not
been in session between vacancies at the
beginning of term and vacancies be-
ginning after the term itself has begun
and the office for the term once filled, are
without Importance. We think that tho
former IS the true meaning of the consti-
tuition We think that it was the intent
q the constitution to provide, as far as
possible, that every state should have
two senator's.
t1rstOThe constitutional convention
hesitated between comforting the power
q appointing senators upon the execu-
I'VE ana the legislature in the state in
tne beginning. Like the legislature the
executive of the state was supposed to
represent the will of the people. Under
the constitution then existing he appoint
ed al! state officers and appointed judges
VINO had their offices for life. For there
IS no reason to show that they Considered
1ne executive an unfit instrument for
sucn appointment. And they settled the
question by giving the power of perma-
hent appointment to the legislature and
ot temporary appointment to the execu-
"Second-We can conceive no reason
likely to have influenced the trainers Of
the constitution for making distinction
between cases Of vacancy occurring in
one way or at one time and vacancies
SECURING occur ii IN any other way or at any
may at any time be of an infinite inn
poftance TO the interests Of state, Up
on single vote may often depend and
sometimes has depended the fate of meas
ures whlch would bring prosperity or mis-
cry into every workshop and almost ev-
cry family in Pennsylvania. We do not
peneve that when the constitution was
enacted 1t would have occurred to any-
pody that II senator died within week
OF the adjournment of the legislature or
r Vhn fhora
IN the legislature who could not agree. or
at a time when the two houses who for
merry made an election by concurrent
vote We're Of ways of thinking in politics
SO dlHerent that they could not be recon-
ciled, that the state must remain unrepre-
sented until new legislature should be
chosen. =
They meant, as we believe, that for
the interest Of the whole country, the
senate should always be full, so far as
aney could devise constitutional mech
anlsm to accomplish that purpose"
They say further that 'the language of
the very clause in question cannot be
construed as the opponents of Mr.. QUAY
would construe it, or in any other way
than the undersigned construe it, with
out destroylng its own purpose. If there
De no power in the executive of Pennsyl-.
vania to appoint a successor to Mr.. Quay
under this clause of the constitution there
is no power in the legislature to choose
such successor until the end of the term.
ana IN every case where a senator dies
or resigns, where the legislature is not in
session. or whether, after such death or
resignation. the legislature has met and
adjourned without choice or wherever.
from the beginning of the term, the va
cancy remains untitled, it must remain
untitled until the end of the six years.
according to the logic Of the majority Of
the committee"
On another point the minority saws:
1T is said that if the legislature has been
IN session after vacancy and has fail
eu TO MI 1t, the state is in fault, that the
legislature has neglected it's duty and 40
1t is not unjust that the state should suf-
rer. There are two answers to this ar.
gument.
First. That 1t is for the interest of
the whole people that every state should
be fully represented; and,
Second. That there is no fault to he
imputed to the legislature of a state or
to the people where majority vote is |
required, If there be failure to elect /
Will anybody claim that the case of 81
failure to elect president for want of /
a constitutional majority, a case pro-
vided TOR by comforting power upon the /
house Of representatives, voting bv
states, IL the case Of fault or negligence
on the part of the people?"
The minority then give considerable
attention to the various cases, and. con-
cludes as follows:
The case of Allen of Washington was
decided with the Lee Mantle case and
without argument, decision to which
Mr.. Beckwith of Wyoming submitted
without further contest At that time.i
there was an earnest division in the
senate on an important question relating /
to the occurrence which created for the
time being more earnest differences or
opinion than those existing between the,
two great political parties on other ques--l
tions 1t was q time not favorah ahle tn 81
dispassionate, nOn-partsan judgment,
We prefer the authority of the Nav
Hampshire case which was acted On alsert