St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1900-03-14
The Legal Aspects of the Quay Case.

To the ordinary layman it seems
remarkable that great constitutional
LAWYERS, knowing the constitution
of the United States by heart, having
considered minutely nearly every
word of it, and familiar with all the
supreme court decisions, can arrive
at so totally different conclusions
concerning seemingly simple phrase
of the constitution, and can support
their separate views by extensive
and profound argument. The lay.
man cannot help but concluding that
law after all is not so rigid and un-
Welding as is commonly supposed,
but is largely matter of interpreted
ton.
The great constitutional discussion
in the Senate over the Quay case
seems to hinge entirely upon the
meaning of the word "happen." The
clauses of the constitution providing
for Senator's are as follows. 1.-THE
Senate of the United States shall be
composed of two Senators from each
state, chosen by the legislature there
of, for six years." Also, land if va.
cancies happen by resignation or
otherwise during the recess of the
legislature of any state, the executive
thereof may make temporary ap-
pointments until the next meeting of
the legislature, which shall then fill
such vacancies"
1t will be remembered that the term
of Office of Senator Quay, Of Pennsyl-
vania, expired March 8. 1899; that
several weeks prior to that date the
legislature of the state met and pro.
ceeded Immediately to attempt to
elect for the coming vacancy; that
they were unable to elect, although
they tried until they adjourned, long
after March 8; that upon the ad.
journment of the legislature the gov
ernor of the state appointed Mr..
Quay to the vacancy.
Those who would seat Mr.. QUAY,
lead by the able senior Senator from
Massachusetts, Mr.. Hoar, contend
that the meaning of the word chap
pen" in the clause "aud if vacancies
happen the executive may
appoint" is progressive in mean
ing and equivalent to chap.
pen to exist" or exist" There
fore the vacancy happened not
only on March 4, 1899, but all the
time thereafter until supplied, and
that the happening was going on
when the legislature adjourned and
consequently the executive had then
the power to appoint to supply it.
The party who would not seat Mr..
Quay, lead by the able constitutional
lawyer from Vermont, Mr.. Ross,
hold that the happening occurred
upon the moment after the term of
office had expired and that it could
not take place but upon that
moment; that the legislature, being
then in session, had the only power
to fill the vacancy, and that having
adjourned without having done so,
the state must 60 unrepresented I'M
til the legislature at some subsequent
session fills the vacancy.
Mr., Hoar claims thatitis only just
and right that the state should be
fully represented in the Senate and
that if one agency fail to supply the
vacancy, the other may do so. Mr..
Ross holds that if the state, having
an opportunity to fill the vacancy
through it's representative, the legis-
lature,-the only agency given the
right to fill vacancies, the governor
having only the power to supply
them temporarily when the legisla-
ture cannot act,-and failing to do
so, is itself to blame and must suffer
for its own fault.
The Quay party, reducing their ar
gument ad absurdum, say that the
legislature can elect only upon two
occasions. First for a full term of
SIX years, as provided in the first
clause, and second to fill out term
Which the governor has already sup
Piled by temporary appointment.
therefore they say that after March
., 1899, the legislature of Pennsyl-
Yanla had no right to fill the va
cancy and never will have such right
until it has been supplied by the gov
ernor, because after March 8 they
could not elect for six years, as six
years of the term did not exist; nor
could they fill the "such vacancies"