Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-23
QUAY CASE REPORTS
CONTINUED from Seventh Page.)
ment to the legislature, and of temporary
aDpoint ment to the executive.

ment to the legislature, and of temporary
appointment to the executive.
Second. We can conceive no reason like
ly to have influenced the trainers of the
Constitution for making a distinction be-
tween cases Of vacancy occurring in one
way or at one time and vacancies occur
ing ther way or at any other time.
The -, of senator may be at any time
of infinite importance to the interests of a
state. Upon single vote may often de-
pend and sometimes has depended the fate
of measures which would bring prosperity
misery into every workshop and almost
every family in Pennsylvania. We do not
believe that when the Constitution was
enacted it would have occurred to anybody
that if a senator died within a week of the
adjournment of the legislature, or at a time
when there were three parties in the legis-
latnre, who could not agree, or at a time
when the two houses who formerly made
an election by concurrent vote were of ways
of thinking in politics SO different that they
could not be reconciled, that the state must
remain unrepresented until new leS7Sia-
ture should be chosen.
They meant as We believe, that for the
interest of the state and the interest OF the
whole country, the Senate should always
be full. SO far as they could devise con-
stitutionaI mechanism to accomplish that
purpose
Constitutional Construction.
The minority say further that 1.-The lam
guage of the very clause in question cannot
be construed as the opponents of Mr.. Quay
would construe it, or in any other way than
as the undersigned construe it, without de-
stroying its own purpose. If there be no
power in the executive of Pennsylvania to
appoint successor to Mr. Quay under this
clause of the Constitution there is no power
in the legislature to choose such successor
until the end of the term; and in every
case where a senator dies or resigns, where
the legislature is not in session, or where,
after such Death or resignation, the legis-
lature has met and adjourned without
choice. or wherever, at the beginning of
term, the vacancy remains untitled, 1t must
remain untitled until the end of the six
years. according to the logic of the ma
jority of the committee
Legislatures Neglect of Duty.
On another point the minority say: 4.
"It is said that if the legislature has been
in session after a vacancy and has failed to
fill it the state Is in fault; that the legisla-
ture has neglected its duty, and so 1t Is I'M
Just that The state should suffer. There are
two answers to this argument. First, that
1t is for the interest of the whole people
that every state should be fully repre-
scented. and, second, that there is no fault
to be imputed to the legislature of state
required. II there be a failure to elect. Will
anybody claim that the case of a failure to
elect President for want of constitu-
tional majority. a case provided for by con-
ferring a power upon the House of Repre-
seEtatives voting by states. is the cause OF
fault or negligence on the part Of the peo-
ple?''
The minority then give considerable at
tention to the various cases and conclude
as follows:
''The case Of Allen of Washington was
decided with the Lee Mantle case and with
out argument decision to which Mr..