Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1900-02-27
TURLEY SPOKE
AGAINST QUAY.
Made a Constitutional Argument In OPP
position to Seating Him, on APP
pointment of Stone.

WASHINGTON, Feb 27.-Formal dis
cussion of the right of former Senator
Quay to a seat in the senate, as a men,
Der from Pennsylvania, was begun by
Mr.. Turley (Tenn.). He presented a
constitutional argument against the
seating of Mr.. Quay, which was given
close attention by his colleagues He
will conclude today.
Consideration of the Hawaiian govern
ment bill brought out "a lively discussion
between Mr.. Tillman and Mr. Spooner.
in which the former admitted that ballot
boxes had been stuffed and negroes had
been shot in the south to maintain white
domination. An amendment was made
to the bill striking out the property qualitica
ton of voters for members of the legislature,
but little other progress was made.
Senator Turley had no written argument,
but, using the majority report of the commit
tee, of which he is the author, reference, he
spoke freely and with the sober logic of law
yer addressing the supreme court.
He read the clauses of the constitution re
latag to the subject. No vacancy in the be-
ginning of a term of the senate, he said was
possible if the legislature did its duty. 1t had
been carefully provided that there should al
ways be legislature in existence before the
term of senator could expire, and no vacancy
could continue to exist if the legislature did its
provided for the failure of legislature to per
form it's duty, and it was impossible that they
should do so, since the life of the government
depended upon the performance of such duties,
and n failure to perform them could not be
contemplated and provided for. Far safer
than to provide for the contingency of legis
islature not doing its duty, would be an ex
press provision that state should go without
representation which failed to do its duty. 1t
is impossible to coerce the states or to coeree
the people to perform such duties.
The constitution provided means for filling
vacancies under any possible contingency than
that of the state refusing to do so. This was
wise omission. The filling Of vacancies pro
vided for We're but temporary until the legis-
lature should convene, so as to have oppor-
tunity to elect on the meeting Of the legisla
ture. An appointment made to fill a vacancy
which had occurred during the recess expired.
Did this provision not make clear that the con
stitution did not intend that the power of APP
pointment when the legislature was in posi-
tion to fill the vacancy if it wanted to?
Would any senator contend that if bust
ness man going abroad should give power OF
attorney to a man to attend to his business
until his return, this power Of attorney would
still be in force if the business man returned
and afterward went away again
1t was logical and reasonable to have a state
without representation in the senate if that
state failed to perform the duty required of it
the regular aff1ux of time were filed by the
legislature and the only vacancy to be pro
vided for We're such happened" out of the
regular order. Should the legislature be in
session when an accidental vacancy occurred
the legislature would he relied to fill the
vacancy, and no power would rest elsewhere
TO fill it. Only when the legislature was not in
session was it necessary to make provision to
fill the vacancy by special method. The power
given the governor was to fill an accidental
vacancy happening at time when there was
no other possible means of filing it. If it had
been the intention to keep the senate full re
CARELESS Of any failure by the legislature to
elect, the provision for the appointment by the
governor would have been made mandatory
Instead of this the constitution said the gevel
nor may" fill the vacancy, not must hli thl
Vacancy.
1t was left discretionary with the goyernog
to fill or not fill the vacancy coming within lis
right to appoint. He could not be compelled
to make the appointment, and if he failed TO
do so the vacancy would continue to exist until
the legislature should convene and should
fill it,
Therefore the contention that it was the pur-
pose Of the constitution to compel the filling Of
vacancies would not hold
Mr.. Iurley discussed the Interpretation to
put on the word happen showing that it
could not be used as indicating a progressive
condition as is indicated by the word exist ="
He interrupted in the discussion Of the
history of the constitution by Mr. Hoar, Mr..
Penrose and Mr., Beyeridge, who contend that
the clause as adopted admitted of the appoint
Inent by the governor.
Existing under any circumstances during a
recess of the legislature, and that the change
in the language OF the clause which limits the
governors power was made by the committee
on style. 10 this Mr.. Turkey replied that this