New-York tribune., 1900-01-24
AGAINST AND FOR QUAY.
MAJORITY AND MINORITY REPORTS
MADE TO THE SENATE

Washington Jan. 23.-The reports of the Com
mittee on Privileges and Elections in the case OF
NJ. s. Quay who claims seat in the United
States Senate on the strength of an appointment
from the Governor of Pennsylvania, were pre-
sented in the Senate to-day. The majority re-
port. opposing the seating of Mr.. Quay, was
signed by Senators Caffery, Pettus. Turley, Har-
ris and Burrows the last named the only Re
publican signing It. The minority report bears
the signatures of Senators Hoar, Chandler,
Pritchard and AIcComas, all Republicans. and
advocates giving the seat 10 Mr.. Quay.
VIEWS OF THE MAJORITY.
The majority report first reviews the circum-
stances under which Mr.. Quay's appointment
was made, including the failure of the Pennsyl-
vsnia Legislature to elect a Senator. 1t then
says:
After a vacancy in the Office of United States
Senator occurs or comes TO pass, if the next
Legislature does not fill it, ii continues to exist
IT is the same vacancy not a new one. Now, the
State Executive is given power to make tenn
porary appointments in case of a vacancy, not
as long as IL continues or exists but only until
the next meeting of the Legislature, which is
then required to fill the vacancy rms clearly
means that the paramount intent TO have the
Legislature choose the Senators is to prevail.
and that, whenever the Legislature mas had the
opportunity to fill the vacancy, either before or
after it occurs, the Executive has no poser 10
appoint. And wien we take the phrasS, II
vacancies happen by resignation, or otherwise.
during the recess OF the Legislature of any
State" if 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 time
and which can he foreseen, we'll as vacancies
which fLe cat ~ casualty or the happen
inG of an unexpected event, and which cannot
be for seen, still il must be construed and de-
fined : ith reference to the balance Of the phrase
so 10 give effect to all its parts; and II thus
results that the vacancy, no matter how II is
produced, must happen, take place or begin
during recess OF the Legislature; and this OF
itself would be decisive against Mr.. Quays
claim.
Thus construed, this clause of the Constitution
affords every facility for always keeping the
Senate filled with Senators 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 personal political fsvorite of the Execu-
tive.
The report quotes numerous precedents, be-
ginning with that Of Kensey Johns, of Della
ware. in 1874, and closing with the of Henry
w. Corbett, of Oregon, in 1898. 1t then says:
The statement of these cases and precedents
shows that from the beginning of the Govern
ment down to the present time the Senate has
never recognized the right of a State Executive
TO make a temporary appointment where the
vacancy happened or occurred during session
of the Legislature 1t shows, further that for
seventy-fve years the Senate has refused to
recognize the right of a State Executive to make
a temporary appointment even where the va
calcy happened OF occurred curing q recess OF
the Legislature, if the Legislature, either be-
fore after ii occurred and prior to the date
of the appointment, had had an opportunity to
fill il.
The fundamental principle thus established is
that if the Legislature. either before after
the happening of a vacancy, has had an oppor-
tunity 10 fill il, then there is no power in the
State Executive to appoint The result is fatal
to the claims of Mr. Quay No danger nor evil
has resulted the Government from the n
forcement OF this principle.
We therefore submit that the Senate, for its
own honor and dignity, should stand by its pre-
vious solemn and deliberate decisions.
THE MINORITY REPORT.
The minority report takes the opposite view.
Quoting Section 3, Article I, of the Constitution.
the minority says that the failure of the Gov
ernor TO call the Legislature together TO elect
Senator does not act to deprive the Governor of
the power Of appointment. Referring TO the
constitutional provisions. the question is asked:
Does the language OF the Constitution of the