The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-03
PLEADING QUlY'S CASE
Mr. Hoar Favors Seating the Penn
sylvanian in the Senate.
The Importance OF Full Repre-
septRtiOn Mt All Times in Tbat
Body Pointed Out - The Constttu-
tional Points Involved Discusse.t-
Arguments by Other Senator'S.


The Quay case was called up by Mr.. PEN
rose in the Senate yesterday at the con-
clusion of the routine morning business
| and Mr.. Hoar made speech in favor OF
Mr.. Quays right to seat as Senator
from Pennsylvania. He first discussed the
question from a constitutional standpoint
Mr.. Hoar said il had been stated that
to elect a Senator. To this he declared
that he could not agree.
! 1T is not only not true said he. but
| in many circumstances, easily conceivable
and probable, the legislators would violate
| their oaths if they should not fail to elect
| Senator. He presented several in
stances notable in the history of the coun-
try of failure on the part of the Legisla-
| ture to eject. in which he said it was i'm
possible to find ground for an accusation
that the legislators had violated their
! oaths
! Mr.. Hoar spoke OF the Importance Of
! even single vote in the Senate and said
| that single vote two years ago would
have changed the entire policy of the coun-
try in regard TO Cuba, and a single vote
had saved Andrew Johnson from being de-
prived OF his Office as President OF the
United States.
Intention of the Constitution.
And now he added, lis it to be sup
posed that the trainers Of the Constitution
| intended that in eucb circu,pStaucoc &C tho
present the great State OF Pennsylvania
! should have in the Senate only half of its
representation. or that the people of the
country should lose the advantage Of hav-
ing in the Senate the representative Of
$500, 900 people?
Just the question presented here" de-
clared Mr.. Hoar, lis, Shall the people of
the State of Pennsylvania and the people
OF the country be without lawful repre-
sentation and lawful voice in this Senate
"One question" he continued, Il have
never heard answered satisfactorily. 1t is.
What difference does ii make or could il
possibly make whether u vacancy here
happens at one time or happens at an
other2' What possible difference can it
make whether the case be determined upon
| my definition of The word happen. as it
appears in the Constitution, or upon the
definition of my opponent"
Mr.. Turley. who made the report against
Mr. Quay, asked whether there had been
case since 1925 where a Senator had been
seated on the appointment of Governor
when the Legislature had had an opportu-
nifty to fill the vacancy.
Mr.. Hoar replied that there had not been
case exactly in point with the present
one and argued that the precedents in
such matters were the least reliable of all
never would be settled until il was set
tied in favor of the right of the State. of
the right of the Senate, of the right of the
whole people of the country, and never
was il SO imperative as IL was today that
every State should have its quota in the
Senate and that every seat should be full.
Mr.. Hoar said that in the case of chief
executive of a State the responsibility for
action or hiaction was definitely fixed Upon
one man. II the Governor did not feel that
he was correct in his position before his
constituents he would make no appoint
ment. The trainers of the Constitution. he
said, regarded the Governor as a fit deposit
tory of power and, in the appointment of
Senator, a proper representative in such
action of the people:
A Reference to France.
He said that he had been receiving piles
of letters for the last ten weeks, arguing
for the decision of the question on the
writer's views as to the character of the
gentleman appointed by the Governor of
Pennsylvania. Such a course, he said,
could not find support in the United States
as 1t had found support recently in France
where a man had been condemned on pop
ular clamor and against the evidence. IL
the Constitution written lie years ago
meant anything that meaning was to stand
for every case and for all time.
In closing his argument in favor of seat
ing Mr.. Quay. Mr.. Hoar said that Senators
knew that the three seats. claimed by
Messrs. Mantle. Allen, and Beckwith, were
decided against these men because they
were silver men. and the Senate was about
to enter upon the consideration of the Ie-
peal OF the Sherman law.
Mr.. Turley, in reply to Mr.. Hoar's aTgu-
ment put the case OF Kentucky where, he
said. the Governor had dispersed the Legis-
lature ard proclaimed martial law, and
asked whether (if the election OF Senator
had not been previously accomplished) the
Governor would have had the right of dp-
pointment.
Mr. McComas argued that. il the Legis-
lature did not elect a Senator, it WAS the
duty Of the Governor to appoint him. and
Mr.. Elkins made an argument to the same
effect
The Quay case went over without action.
and the bill to provide a government for
the Island of Porto Rico was taken up.
The Morning Routine.
During the morning hour Mr.. Pc; kins
presented petition signed by the ALI
fornia delegation in Congress. thirty-five
associations. and $1,000 people of Califor-
MIA against the ratification of the French
and Jamaican treaties.
Mr. Hoar made the point against the
petition that it ought to be presented in
executive session. and that even
would question the right OF State Con-
gressional delegation to make such petit
ton.
Mr.. Perkins thought the right of petition
was sacred at all times. but the Chair held
that the whole matter would have TO go
over to an executive session.
Mr.. Pettigrew secured the adoption of |
the following resolutions:
That the President be requested II rot avon |
pstibie with the public interest, to send to the
Senate statement OF the number OF saloons that
have been established in Manila, Philippine Isl |
ands since the occupation OF that city by the |
limited states forces who conducts these Aloons,
vino are their patrons and what kind Of liquors |
are sold and the quantity OF such liquor. The |
President is also requested TO inform the Senate
of the number. il any, of saloons on the !
American or English plan in Manila before We |
accupied the place The President is also re- |
ou.sted 10 inform the Senate whether not it is
military forces to suppress all saloons in Manila |
pr,i,ff,it and nfsycut sale iUIpr T0 Our