The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1900-01-24
QUAY WILL BE
TURNED DOWN
Majority Report Of the Commit
tee Against His Admission.
MANY PRECEDENTs CITED.
same Reasons Which ImpelIed the
Senate'S Action 10 the Corbett
Case Apply to Quay's.

~
WASHINGTON, d. C.. Jan. 2s.-The
reports OF the committee On privileges
and elections In the case Of N. s. Quay,
who claims seat in the United States
senate on the strength OF an appoint
meht by the governor OF Pennsylvania,
we're presented in the senate today
The majority report opposing the
seating OF Mr. Quay was signed by
Senators Caffery. Pettus. Turley. Har-
ris and Burrows, the last named the
only republican signing 1t. The mi
noriiy report bears the signatures Of
Senators Hoar. Chandler. Pritchard
and Mccomas. all republicans, and ad-
vocated giving the seat to Mr.. Quay.
IN" majority report first reviews the
cirorr stances under which Mr.. Quay's
appointment was made, including the
failure OF the Pennsylvania legislature
to elect a senator. 1t then says:
After a vacancy in the office Of Uni
ted States senator occurs or comes to
pass. ii the next legislature does not
an It, II continues TO exist. 1t is the
same vacancy, not new one. Now
the state executive is given power to
make temporary appointment in case
Of vacancy, not as long as it con-
tinues or exists. but only until the
next meeting OF the legislature, which
is then required TO I'LL the vacancy.
This clearly means that the para
mount intent to have the Legislature
choose tie senators is to prevail and
thaS. whenever the legislature has had
the opportunity to fill the vacancy
either before or after It occurs, the ex-
ecutive has no power to appoint. And
when We take the phrase il vacan-
eieS happen by resignation or other
wise during the recess OF the legisla-
ture OF any state. II We concede that
the general word otherwise is not
qualified nor limited by the specific
word resignation and that it includes
vacancies which are caused by effiux
OF lime and which can be foreseen as
well as vacancies which are caused by ,
a casualty or the happenings OF an |
unexpected event and which cannot
be loreseen. still it must be construed
and defined with reference to the bal
ance of the phrase so as to give effect
To all its parts; and 1t thus results that I
the vacancy, no matter how it is pro-
duced, must happen, take place or be-
gin during a recess of the legislature;
and this of itself would be decisive
against Mr.. Quay's claim"
Continuing, the report says:
Thus construed, this clause of the
constitution affords every facility for
always keeping the senate filed with
senator's who are real representatives
of their respective states. A senator
who is chosen by the legislature Of his
state is likely to be the choice Of the
majority OF the citizens Of his state.
A senator who is appointed by an exc
cutive is frequently only the personal
or political favorite of the executive.
The legislature, as we construe the
clause, chooses the senator in the first
Instance. II he declines to serve or
dies before he is inducted into office or,
If after qualifying, he dies, resigns or
is expelled, the executive may make
a temporary appointment until the
Legislature meets again; or, if, owing
to changes in state constitutions, the
legislature which is authorized to fill
the term at its commencement cannot
meet until after the term commences,
the executive can also make a tenn
porary appointment.
Every contingency is thus provided
for except the sole contingency that
the Legislature will fail to perform its
sworn duty. Against contingency Of
this kind the trainers of the constitu-
tion did not intend to provide"
After discussing at length the cir
under which the eonstitu-
tion was framed. the majority an
nounees, its conclusions as follows:
eve think that the trainers of the
never contemplated nor |