The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-24

majority CT the Elections Committee. that
whenever the Legislature has had an OPP
portunity to fill a vacancy. either before or
after il begins. the executive cannot law
fully appoint, and said that in his opinion
there is no language in the Constitution
to support this contention. He declared MS
belief that no matter how vacancy mas
arisen. IL is the duty OF the executive 10
fill it whenever il happens. and whenever a
recess of the Legislature OF the state CO.
ordinateiy happens.
THE recess of the Legislature cf Penn
sylvania," continued MIR. Daniel. began
on the 2Oth day of April. 1899. The recess
happened then and it still happens now.
The vacancy began on March ), 1881 IL
happened then and it still happened at the
time of the beginning Of the recess on
April 20. Since the two also happened On
April 81. at one and the same time. that
is, the legislative recess aad the Senate
vacancy from Pennsylvania, the Governor
did right in filling that vacancy
Mr.. Daniel referred TO the contention
that if the vacancy begins while the Legs
lature is in session, the executive IS tnere-
BY precluded from ever filling the vacancy,
however long the Legislature may neglect
to fill it. and declared that this is wrong
construction to put upon the meaning oi
the Constitution. He said that as a recess
Il
adjournment and as a vacancy is not an
act but may be the result of many acts,
il is plain that the meaning of the Consti-
tuition is that IL a vacancy happen during
recess the executive may appoint to NIL 1t
The Constitution Quoted.
Mr. Daniel read from the Constitution
clauses which he said show that plan
was adopted by which all vacancies in ap-
pointments both TO the Senate and TO
executive offices. might be instantly and
continuously filed, and he declared that
the provision for these appointments which
applies to the latter applies also 10 the
former. Taking up the argument over the
meaning of the word happen, he read
definitions of it from various authorities,
which he thought proved that a happen
ing does not apply alone TO those acts
which are instantaneous. He said that a
happening lasts from the beginning to the
end of an act and that a vacancy or
recess may happen for a long or short
time. Mr.. Daniel then gave several prac-
tical applications of this meaning of the
word. after which he gave the history oil
the clause of the Constitution in which 1t
occurs. He insisted that from constitu-
tional legal. and philosophical points OF
view his position that Mr.. Quay IL en-
titled to his seat is the right one. The
Senate. he said is at once legislative,
Judicial, and an executive body. and every
Federal officer may be impeached before it.
And be continued. ''let us not dis
parage the effect OF one vote for it has
more than once decided matters of the
gravest importance. when hear Senators
say that we should lay aside this matter
so that a Hawaiian bill. or Porto Rican
bill, or any other kind of bill may be con-
sidered, ii appears to me that that Sena-
TOR Is not upholdiiIg the dignity of the
Cons fitution. ana that he is net treating
his .nrc.her Senator as he has a right TO
be treated when he Is knocking at the
gate of this body with perfect credentials
to support his demand for admission. i
shall never vote, unless indeed in some
great public exigency. when everything
else must give way, to postpone the con
siferation of the credentials of Senator
in order that other considerations of pub
lie policy may be taken up. The first step
in the organization of body Is to ascer-
tain who are its members. and in accord
ance with the provisions of the Constltu-
tisn il has been ascertained that we are
members of this body.
But there is one who. according 10 my
convictions. has as much right TO a seat
in the Senate as anyone who has placid
ly voted to postpone his case and TO let
him cool his heels while waiting TO be
heard / shall vote in this case. as
have voted in all other similar cases, in
favor of the appointee taking his seat
At .he conclusion of Mr.. Daniels speech
the Quay case went over until Monday.
and the Hawaiian bill was taken up.