The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-27
QUAY'S CASE DISCUSSED
Senator Turley Speaks in Support
of the Majority Report.
An Argument on the Constitutional
Question Involved in the Claim of
the fennsylvnninn - Reference to
the Frequency of Contests nnd
the Duty of State Legislatures.

The Quay case was brought up in the
Senate yesterday at the conclusion of the
routine morning business, and Mr.. Turley
submitted some remarks in favor of the
majority report of the Elections Commit
tee. Great interest was manifested in the
speech by those on the floor of the Senate.
and the galleries were well filled with an
attentive audience.
Mr.. Turley reviewed the circumstances
under which Mr.. Quay received his ap-
pointment from the Governor of Pennsyl-
vania, and. commenting upon them. said:
1T will be seen that the vacancy which
he has here attempted to provide for by
temporary appointment was one which
vas foreseen. one which was caused by the
expiration Of a prior term. one which oc-
Cured while the Legislature of Pennsyi-
vania was in session. and one which that
Legislature had an opportunity of filing
before it occurred and also after it oc-
CURED. in the interim between the date
of the occurrence and the appointment by
the Governor
Mr.. Turiey referred to the argument
made by Mr.. Daniel last Saturday. in which
the latter insisted that whenever vacancy
exists during the recess of a Legislature.
no matter when or how it happened or
occurred, and no matter how often the
Legislature may have had an opportunity
to fill it, the Governor may appoint.
A Constitutional Question.
''The question involved" he declared. 'is
constitutional one, judicial one. and
the Senate of the United States is the
only court, the sole tribunal which has
jurisdiction over it and power to settle it.
The Senate has had frequent occasion in
the past to consider the power of the
executives of States to make temporary
appointments to seats in this body. But
before going into the precedents thus es-
tablished l will, as briefly as is consistent
with the importance of the question, con-
slider the provisions of the Constitution
bearing upon it. The Constitution of the
United States pertaining to this subject,
Article l. section 3. provides:
The Senate of the United States shall be COM
posed of two Senators from each State, chosen by
the Legislature thereof for six years, and each
Senator shall have one vote
Immediately after they shall have assembled
in consequence OF the first election, they shall
be divided as equally may be into three classes.
The seats of the Senators of the first class shall
be vacated at the expiration OF the second year.
of the second class at the expiration OF the
fourth year. and OF the third class at the expira-
tinn OF the sixth year, that one-third may be
chosen every year; and if vacancies happen by
resignation, otherwise during the recess OF the
Legislature of any State, the executive thereof
may make temporary appointments until the next
meeting of the Legislature, which shall then
ill such vacancies.
Mr.. Turley declared that when this lam
guage is analyzed. giving TO the words
hot crIt tY,or mir
it clearly appears that the paramount and
controlling interest Of the trainers was:
First, TO give the States equal repre-
sentation in the Senate. which carries
with it the intent TO always keep the Sem
ate full; second, to have the Senators
chosen by the Legislatures Of the various
States; and. third to have all vacancies
in the office ,of Senator filled by the Legis-
latures.
But he continued, 'it was seen that
under our complex system Of national and
State governments vacancies might hap
pen or occur at times when they could not
be filled by the State Legislatures. and
that If provision was not made for such
contingencies the equality of representa-
tion in the Senate might, for the time
being, be destroyed; and to prevent this
evil the power to make temporary appoint
ments until the next meeting OF the Legis
latures was given to the executives of the
States"
Referring to the clause of the Constitu-
tion which confers the power of appoint
ment on the State executive, he said: AT
ter a vacancy in the office of United States
Senator occurs or comes to pass. if the
next Legislature does not fill it. it con-
tinues to exist and it is the same va
cancy. Now the State executive is given
two IN,
case of a vacancy, not as long as it con-
tinues or exists. but only until the next
meeting of the Legislature, which is thea
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 Legisla-
ture has had the opportunity to fill the
either before or after it occurs,
the executive has no power to appoint"
Mr.. Spooncr Quoted.
Mr.. Turley quoted from the speech made
by Mr.. Spooner, on the Corbett case in
which he stated that there is difference
between filling an anticipated and real
He argued that if the Legisla-
lure We're to fail to fill an anticipated va
eancy no one would think of contesting
The right of the Governor to fill that va
s entirely different. Mr.. Turley declared
hat the only conditions under which the |
failure OF the Legislature to fill real ,
vacancy existing during the time of ses-
sion would confer that power upon the !
Governor. would be in case the Legisla- |
-ure should refuse to elect or the people |
should fail TO elect a Legislature.
As to the proper meaning OF the wcrd |
happen" Mr.. Turley said that even IL the |!
meanings Of that word were admitted to be |
hose claimed by Mr.. Daniel the result !
would be the same. Applying these equ v |
dents of happen TO a vacancy, he argued |
hat a vacancy takes place, occurs. or |
omes to pass. at a fixed moment, and that |
iaving done so it may continue Indefinite |
y, but it does not continually and mo- |
nentarily take place, occur. nor come to |
'ass, again and again. Hence. he declared, |
vacancy must begin or commence dur
ng recess of the Legislature before the |
Executive can appoint
Mr.. Turiey then took up Mr. Daniels ar |
,ument on the meaning of the word |
otherwise" and said:
And when we take the phrase If va |
ancies happen by resignation. or other ,
wise, during the recess of the Legislature |
# any State if we concede that the gen.
raj word otherwise is not qualified nor |
United by the specific word resignation |
md that it includes vacancies which are |
aused by eiilux of time and which can be |
nrpSefu we'll as vacancies which