The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-24
THE CASE OF MR.. QUAY
Majority Report Recommends That He Be
Not Sealed.
ALL PRECEDENTS ARE AGAINST HIN
For sevcnty-Five Ycnrs Such cues
lions Have Been Against the
Senator's Position.
ALL PRECEDENTS ARE AGAINST

| opposes the seating OF senator quay ana
was signed by Senators Caffery, Pettus,
! Turley. Harris and Burrows the last
named the only republican signing. The
minority report bears the signatures Of
Senator's Hoar, Chandler, Pritchard and
McComas, all republicans, and advocates
the giving OF the seat to Mr.. Quay
The majority report first views the cir
cumstances under which Mr.. Quays APP
pointment was made, including the failure
Of the Pennsylvania legislature to elect
a senator 1t then says: after vacancy
in the office OF United States senator it
comes to pass If the next Legislature does
not fill it 1t continues to exist. 1t is the
same vacancy, not a new one. Now tue
State executive is given power 10 make
temporary appointments in case OF a Va
| cancy not as long as ii continues TO exist.
| but ONLY UNTIL THE NEXT MEET
| ING Or THE LEGISLATURE, which is
then required to fill the vacancy This
| clearly means that the paramount intent
to have the legislature choose the senators
to prevail and that whenever the legis-
lature has had the opportunity to fill the
| vacancy either before or after it occurs
| the executive has no power 10 appoint,
and we take the phrase II vacancies hap
| ZEN by resignation or otherwise during
the recess of the legislature Of any state,
| IL 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 b.
effux of time and which can he foreseen
as well as vacancies which are caused
by casualty or the happening OF an IN
expected event and which can not be fore
| seen still II must be complete and defined
with reference 10 the balance Of the phrase
so as to give effect to all its parts, and
thus it results that the vacancy, no matter
how it is produced, must happap, take
place or begin DURING A RECESS OF
| THE LEGISLATURE This Of itself would
be decisive againat Mr. Quay's claim
Continuing, the report says: Thus con
strue1 this clause of the constitution al
fords every facility for always keeping
The senate filled with senator's who are the
real representatives. OF their respective
states. 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 executive is frequently only the per-
sonal or political fayorite 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
| indicted into Office, or II qualifying he
| dies, resigns or Is expelled, the executive
may mak1 temporary appointment until
the legislature meets again; or If owing
to changes in the State constitutions the
I legislature which is authorized to fill the
term at its commencement. can not meet
until after tha term has commenced the
executive can also make temporary ap-
polnment Every contingency Is thus pro-
vided for except the sole contingency that
the legislature fail to perform its sworn
duty Against a contingency of this kind
th5 trainers OF the constitution did not in
tend to provide"
After discussing at length the circum-
stances under which the constitution was
framed the majority announces its con
clusion as follows; I'VE think that me
trainers Of the constitution never cantem-
plated nor intended to provide for case
where a state, by it's own deliberate act. /
should deprive its legislature Of the power
10 NIL an entire term at its beginning IN
cur opinion they never intended 10 give
the executive OF a state the power to all |
q term by original appointment unless |
possibly in cases where the legislature |
had chosen and the person elected had
refused to accept or died before qualify |
ing In other words, we conclude that the |
power Of appointment was not to be OK |
erclSed unless the vacancy occurred in the |
recess of the legislature and was ocea-
STONED by some casualty like death or res
tgnation"
Inc report then quotes numerous prece- |
dtnts beginning with tho case of Kensey
JOINS OF Delaware, In 1874 and closing |
with the case of Henry W. Corbo< of Ore. |
son' IN 1898. 1t then ends as follows: "The
statement OF these cases and presidents
snow that from the beginning of the gov
ernment down TO the present time the
senate mas never recognized the right of A |
state executive to make a temporary an
polntment where the vacancy happened or
occurred during a session OF the legisla-
lure 1t shows further that for seventy
hIe years the senate has refused TO recog-
hlze the right of State executive Ia make
temporary appointment even wbsrn fbc
vacancy happened or occurred during re-
oess Of the legislature Il the Legislature
e4rher before or after It occurred, or nrior
10 the date Of the appointment hal az
opportunity to fill It, The Fundamental
principle thus established is that n me
Ios's.a'ure' either before or after the hep
psnlhg OF vacancy has had an onnor
tunity to I'LL it then there T. no now Uer' IN
the state executive TO make the annnint-
neht The result is fatal TO the claims
VI MT quay. No danger nor evil has re-
suIteu 70 the government by the enforce
ment OF this principle. We therefore suh-
mn that the senate for its own honor and
20 Shuulu STAND By It's previous solemn
ina deliberate decisions"
me minority report takes the onnosita
Wv quoting section 6, Article Of the
the minority say that The
t t.e OF the governor to call the legisls-
tuVe together to elect a senator does NOT
set 70 deprive the governor of the mower
oi appointment Referring TO the consti-
tTSohal provisions the question IL asked.
Ives me language of the constitution NJ
Wy United states mean Just what the CON
sutullon OF the commonwealth of Pennsvl-
una ssll says, In case OF the vacancy In Inc
vnlee OF United States senator in n racass
ueeween sessions, or does il mean thai tbe
'sSVaHey must be one which comes h.
enoiee 50 that 1t does not applv M NJ,
so .ne case OF vacancy at the besinn,ng
S ~ = term which does not come by ohanee
.li Is toreseen and inevitable? This o,,es'
hN Is answered as follows: III me words
, usHe the termer meaning then am distine4
~, ,,' between the cases where the lepisIs-
.N,e ms been In session and those vybara
: legislature has not been in session he
zen vacancies at the beginnlnr 81
,a ana vacancies beginning after M 4
NV. nm user has begun and the otfica ~
s st Term once filled arc withou, in,nor,
r rns we think that the former IL ~
Ne meaning Of the constitution W.
I'm 'haf v was the intentfo, - ~