The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-04-24
NEW POINTS
brought Out in Senator euarles'
speech, Protesting Against
THE SEATING OF Mr.. QUAY.
said a New Precedent Would be E5-
tablished and Long Line Of Adjudi-
cation Would be Disturbed-A
nestorful Effort.

WASHINGTON. D. C., April 2s.-In
.,o senate to-day. debate was resumed
~ the seating Of Senator Quay. and
Mr. ouarles (Rep.. wis), made a strong
argument, protesting against the seat
,nr Of the Pennsylvania senator.
Mr. ouarles took strong grounds
oeo,pst the seating of Mr. Quay. While
,Ss Wisconsin senator has addressed
che senate briefly once or twice before,
,rIs was really his maiden effort before
IN, body and attracted attention not
o1Iy on that account, but also by rea-
son OF the ideas he advanced as to the
authority Congress may exercise over
the election OF both senators and rep
rcscntatives.
He urges that Mr. Quay should not
be seated, for II he were. a new. preee-
dent would be created and long line
Of adjudication would be disturbed.
New Points Developed.
In the course of an extended consu-
tptional argument. Mr.. Quarles devel-
oped some new points against the seat
ING OF Mr.. Quay, but his chief conten-
ZION was that the constitution did not
admit OF the Interpretation placed upon
q Inv the friends Of Mr.. Quay. He ar
ruad further that in this particular
Case the governor not only had no con-
stitutional right to make the appoint
mrnt, but that. in making II, he viola
tpd the law OF Pennsylvania. This. he
claimed, the senate was bound TO take
cognizance of in Its consideration Of the
case.
IN regulate the election of senators and
representatives, Mr.. Quarles said:
Under the last clause OF section 4,
Congress has undoubted power to make
complete regulations as to time and
manner Of elections, and thus to dis
place all local regulations heretofore
made. or It may alter such state regu-
lations. az
Congress has never found 1t neces-
sary to exhaust its power by debating
to the states the time when senatorial
vacancies should be filed. 1t may seem
startling at first blush, that Congress
may prescribe to the states the time
when legislatures shall convene, but a
reference to the debates will dispel all
doubt that this is exactly what the
convention Intended and insisted upon
in so far as might be necessary to in
sure elections Of members Of the second
house.
The power of Congress, under the
constitution, to provide the time for
. oil
Giles cannot be doubted. It would be
competent for Congress TO enact the
very provision that Pennsylvania has
put in its constitution practically re-
quiring all vacancies to be promptly
filled by legislature.
Asks a Pertinent Question.
Suppose the very language of the
Pennsylvania constitution had been en-
ployed by act OF Congress in making
regulations for such election and the
governor of Pennsylvania had openly
defied such law by refusing to Issue
his proclamation and had assumed to
make q temporary appointment How
many senators on this floor would vote
to seat his nominee and let the law so
deprive the legislature OF Its lawful
function?
what Governor Stone has done his
successor may do, and when this sem
ate has once fixed the seal Of its APP
proval II will require less hardlhood on
the part of succeeding governors.
There will be the pretext of example
added TO the temptations OF interests.
Thus the power OF temporary appoint
ment will swell the regular patronage
Of the executive office, and the consti-
tuition OF Pennsylvania will forever re-
main n dead letter. stt
Law Should be Sacred.
I'VE are told upon this floor that To-
cal political conditions were such as to
Justify a disregard of the constitution;
that another session Of the legislature
would have been barren Of results, and
therefore the governor was warranted
in multiplying the organic law. This Is
the speclous plea OF every man who
finds II convenient 10 break the law.
This strips the law OF its sanctity. Con-
stituu0ns are made 10 be obeyed by
governors as well as by other men.
Laws become q mockery II they may be
broken as often as tho law breaker de-
Cides that no good purpose would be
subserved by their observance.
This chamber is the place where
law should be sacred for its own sake