The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-24
QUAYS CASE BEFORE SENATE.
PENROSE HAD 1T TAKEN UP AFTER
A HARD FIGHT.
Vote on the Question Was 81 to 2s
This, However, Cannot BE COnsid-
cred IA Test Vote So Far as Quay
Is COncerned-SenatOr Daniel Fa-
VOred Seating Him-Senators Bn-
cen and Clay VIII Oppose His
Entrance Into Senate.

vOred Seating Him-Senators Bn-
cen and Clay VIII Oppose His
Entrance Into Senate.
Washington, Feb. %. - BY vote
of "a to 2S after some exceed
ingly clever maneuvering, Senator Pen
rose succeeded to-day in getting the Quay
case before the Senate in a way that in
sures early action of that body
For some days the efforts of
the anti-Quay leaders among the
Republicans have been toward de-
lay. In their desire to promote
this delay they have had the assistance
of senator's with especial interests in
other legislation which they sought to
have advanced, and when Senator Pen
roses motion was laid before the Senate
these elements were found arrayed against
it, The test showed that a majority of
the members of the Senate believe that
the question of man claiming a seat is
one of highest privilege and that he has
a right to get consideration.
The Quay men are claiming that to-
days vote indicates the final vote on the
merits of the question itself, but this is
not correct, Some senator's who voted
against consideration Will vote to seat
Senator Quay, while others who voted for
consideration viii vote against him. Sen
ator Clay is one of this latter class. When
his vote was called he announced that he
was paired with Senator Lodge, but that
if he were not so paired he would cast his
vote in favor of the motion of Senator
PeSose
1T is only matter of fair play" he
said afterwards. 81 am going to vote
against seating Mr.. Quay because be
lieve that the law and the precedent is
against him, but I believe he has a right
to a hearing and had l not been paired
I would have so voted"
Both Senator Bacon and Senator Clay
will vote against seating Quay.
Request From Mr. PenrOse.
Mr.. Penrose requested the chair to lay
before the Senate the Quay resolution as
a question of the highest privilege. The
chair asked if there was objection to pre-
sent consideration of the resolution.
Il DO not wish to be considered for one
SENATOR said Mr.. Hale "as agreeing that
this resolution shall crowd oNt the Ha-
waiian government bill or the measure
for which we are almost criminally cul-
pable, the bill for the government OF Porto
Rico or the financial bill or other great
questions before this Senate. 1 have very
decided views on that subject"
Mr.. Penrose said he disagreed with the
intimated ruling of the chair that a ques-
tion of the highest privilege must be TAX
en- up by unanimous consent or by vote
Of the Senate.
This question takes precedence over
every other one, over the unfinished busi-
ness" he said. Il am prepared to go or
questions and have many precedents here.
1 propose to press this question to an ear
ly solution 1 do not care to impede the
unfinished business, but l propose that
this question shall have it's full recogni-
tion."
Mr. Foraker of Ohio and Mr.. Aldrich of
Rhode Island said they supposed there
was an understanding that the case
would be taken up merely to enable the
Senator from Virginia to speak.
Mr. Penrose: II disclaim any such un-
derstanding so far as l am concerned. The
question must be considered without lin
itations."
Mr. Hale: "Then I object
The Resolution Taken Up.
Mr.. Penrose then moved that the case
be taken up. The motion was debatabale.
The yeas and nays were ordered. The
motion 10 take up the resolution prevail
Bate, Beveridge, Garter, Chandler, CLARK
Of Montana, Culberson Daniel, Depew,
Davis, Fairbanks, Foster, Gear, Hans-
brough, Hawley, Hoar Jones of Nevada,
Kenny McComas, AeEnery, McLaurin,
Martin. Morgan, Nelson, Penrose, Per-
kius, Pettigrew, Pritchard, Shoup, Stew
art, Taliaferro, Vest, Warren, Wolcott.
"a.
Nays: Aldrich. Burrows, Butler. Caf-
frey, Chiffon, Clark of Wyoming, Cock
rell, Cullom, Foraker, Gallinger, Hale,
Hanna, Harris Jones Of Arkansas, Kean,
Lindsay, McCumoer, Mcmillan Pettus.
Plat of Connecticut, Proctor, Quarles,
Rawlins, Ross, Simon, Teller, Tillman,
Turner'S.
Daniel FayOrs Quay.
The resolution was laid before the SEN
ate, and MIR. Daniel of Virginia addressed
the Senate in support of Mr.. Quay's right
to a seat.
He said he had always maintained. and
the more he studied il the more he was
convinced, that senator appointed by a
Governor was entitled to his seat as clear
ly as he himself was entitled to one Mr.
Daniel reviewed the Quay case and many
similar cases which had come before the
Senate, holding tha, the weight of prece-
dent was largely in Quay's favor.
Al 2 O'Clock Mr. Cuilom called up the un-
finished business, NOT with desire to take
hr. DAnieI from tne uOOr, but to pre-
serve his bin as the unfinished bin
Mr.. Peurose said that without conceding
the right of the unfinished business 10
displace a question of highest privilege. he
would enter no objection 30 a resumotlon
OF the consideration Of the Hawaiian hil
after Mr.. Daniel had concluded his speech.
The unfinished business was laid aside
temporarily by unanimous consent.
4 Question of Privilege.
In concluding Mr.. Daniel said:
1.-THE Senate is legislative body, an ex-
ecutive body and a judicial body. Every
federal officer may be impeached before II
When / hear sena tors say that we should
lay aside this matter so that a Hawaiian
bill or a Porto Rican bill, or any other
bill shall be considered, it seems to me
that the senator has not risen to his
proper dignity and that he is not treating
his brother senator as he ought 20 be
treated, when he IS knocking at the gates
OF the body with as perfect credentials as
his own. / shall never vote--unless in
deed in some great public exigency when