The Irish standard., 1900-01-27
MIR. QUAY's FUTURE.
Majority Of Senate Committee Reports
Against GivinE Him
His Seat.

the committee OH privileges and cleo
tons in the case of NJ. S. Quay, who
claims a seat in the United States sem
ate on the strength of an appointment
from the governor of Pennsylvania,
were presented in the senate Tuesday.
The majority report, opposing the
seating of MIR. Quay, was signed by
Senators Catfery, Pettus, Turley, Har-
ris and Burrows, the last named the
only republican signing it. The mi
nority report bears the signatures of
Senators Hoar, Chandler, Pritchard
and McComas, all republicans, and adj
vocates giving the seat to Mr. Quay.
The majority report first reviews the
circumstances under which Mr.. Quay's
appointment 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 occurs or comes to pass,
II the next legislature does not fill it. it
continues to exist. 1t is the same vacancy,
not new one. Now the state executive is
given power to make temporary appoint
ments In case of a vacancy. not as long as
THE NEXT MEETING OF THE LEGIS-
LATURE, which is then required to fill
the vacancy. This clearly. means that the
paramount intent to have the legislature
choose the senators is to prevail, and that
whenever the legislature has had the OPP
portunity to fill the vacancy, either before
or after it occurs, the executive has no
power to appoint. And when we take the
phrase IF vacancies happen by resgna-
ton, or otherwise, during the recess Of the
legislature of amy state il We concede
that the general word otherwise is not
qualified nor limited by the specific word
resignation and that it includes vacan-
cies which are caused by eft1uX Of time and
which can be foreseen, as we'll as vucan-
cles which are caused by a casually or the
happening OF an unexpected event and
! Which cannot be foreseen, still il must be
construed and defined with reference TO the
| balance OF the phrase SO as to give effect
| to all Its parts; and it thus results that the
| vacancy, no matter how 1t is produced,
must happen, take place, or begin during
recess of the legislature: and this of itself
would be decisive against Mr.. Quay's
| claim"
After discussing at length the circum-
stances under, which the constitution was
framed, the majority announces its conclu-
4 sion as follows:
we think that the trainers OF the con-
stftution never contemplated nor intended
10 PROVIDE tor case where state, by it's
own deliberate act, should deprive its legis-
lature OF The power to fill an entire term at
intended to give the executive OF a state
the power to fill an entire term by original
appointment, unless, possibly, in a case
where the legislature had chosen and the
person elected had refused to accept or died
before qualification. In other words. we
conclude that the power of appointment
was not to be exercised unless the vacancy
occurred in the recess Of the legislature and
was occasioned by some casualty like
death or resignation.'
T1,ar
ents, beginning with that of Kensey Johns,
or Delaware, in 1874, and closing With the
case of Henry w. Corbett, Of Oregon, in
1888. 1t then ends as follows:
Ihe statement of these cases and pre-
cedents shows that from the beginning Of
the government down to the pre- nj time
the senate has never recognized The right
OF state executive TO make temporary
appointment where the vacancy happened
or occurred during session of the legis-
lature. 1t shows. further, that fol % years
the senate has refused to recocnlze the
right of state executive 10 mai a tenn
porary appointment, even where The va
cancy happened or occurred during a re-
cess of the legislature, if the legislature
either before or after it occurred and prior
opportunity to fill it.
me fundamental principle thus estab-
lished is that if the Legislature. either be-
fore or after the happening Of 4 vacancy,
mas mad an opportunity TO fill H. then there
is no power in the state executive 10 an
point. The result Is fatal to the claims of
Mr.. Quay. No danger nor evil has result
ed to the government from the enforce
nent of this principle
we therefore submit that The senate, for
Its own honor and dignity. should stand
by its previous solemn aud deliberate deci-
sions."
The minority report takes the opposite
view. Quoting section 3. article l Of the
constitution. the minority says that the
failure of the governor to call The legisla-
lure together TO elect senator does not
act to deprive the governor of The power
Oh appointment. Referring to The consti-
tutional provision. the question is asked {:
Does the language of the constitution of
the United States mean just what the con-
stuutlon OF the commonwealth o. Pennsyl-
wanna says: In case of a vacancy in the
office of United States senator in a recess
between sessions or does it mean that the
vacancy must be one which comes by
chance, SO that it does not apply at all to
the case of vacancy at the be shining of
term. which does not come by chance but
Is foreseen and inevitable?''
Ihis question is answered as follows:
II the words have the former meaning,
then all distinctions between cases where
legislature has been in session and those
where legislature has not been in SEES
| sion, between vacancies at the beginning
Of term and vacancies beginning after the
term itself has begun and the office for
That term once filled, are without impor-
lance. We think that the forme, is the true
meaning of the constitution. We think
mat 1t was the intent of the constitution
TO provide, as far as possible that every
state should have two senator's.
The minority then give considerable at
tentlon to the various cases and conclude
| as follows:
THE case of Allen of Washington. was
aecided with the Lee Mantle cas- ana with
out argument, decision to which Mr.
| BeckWith, of Wyoming, submitted with
| >ut further contest. At that time there
was an earnest division in the senate on an
important question relating TO the cur
:ency. which created for the time being
more earnest differences Of opinion than
those existing between the two great po-
! itical parties on other questions. 1t was a
lime not favorable to a dispa ssgaate, non
| PARTISAN Judgment. We prefer n author
ty of the New Hampshire Ca, $, which
was acted on also in the case OF "i. Pasco,
IF Florida. and We think that decision
| which must inevitably deprive S; es in the
| lnion for long periods of TIM Of thei
| aghtiul representation under tite consl-
| luton Will not be permitted Ions 10 stand
and that no settlement OF the question IL,
| 1erosation of the-rights Of the safes, and,
| rs we conceive, in violation OF The intent
| II the trainers Of the constitution should
| BE acquSced In"
Call for Prohibition Convention.
Chicago, Jan. 24.-The national con-
vention of the prohibition party TO NOM
mate candidates for prcsidcn, and vice
president of the United States, and to
transact such other business as NAV