Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-24

WASHINGTON, January 23.-The
reports of the committee on Privileges
and Elections in the case of M. S. Quay
who claims a seat in the United States
Senate on the strength of an appoint
ment from the Governor of Pennsyl-
vania, were presented in the Senate
to-day. The majority report, oppos-
ing the seating of Mr.. Quay, was sign
ed by Senators Caffery, Pettus, Turley,
Harris and Burrows. the last named
the only Republicans signing it. The
minority report bears the signatures
of Senators Hoar, Chandler, Pritchard
advocates giving the seat to Mr.. Quay.
The majority report first reviews the
circumstances under which Mr.. Quay's
appointment was made, including the
failure of the Pennsylvania legislature
to elect a Senator. 1t then says:
after a vacancy in the Office Of
United States Senator occurs or
to pass, if the next Legislature does
not fill it, it continues to exist. 1t is
the same vacancy not a new one. Now
the State executive system is given
power to make temporary appoint
ments in case of a vacancy, not as
long as it continues or exists, but only
until the next meeting of the Legisla-
ture, which is then required to fill the
vacancy. This clearly means that the
paramount intent to have the Legisla-
ture choose the Senators is to prevail.
and that, whenever the Legislature
has had the opportunity to fill the va
cancy, either before or after it occurs,
the executive
Has No Power to Appoint.
And when we take the phrase 'if va
cancies happen by resignation, or 9TH
erwise, during the recess of the Legis-
lature of any State" if we concede that
the general word otherwise is not
qualified nor limited by the specific
word resignation and that it includes
vacancies which are caused by efflux
of time, and which can be forseen, as
well as vacancies which are caused by
a casualty or the happening of an un-
| expected event, and which cannot be
foreseen, still it must be construed
and defined with reference to the bal
ance Of the phrase so as to give effect
to all its parts; and. it thus results
that the vacancy, no matter how it is
produced, must happen, take place, or
begin during a recess of the Legisla-
ture; and this of itself would be decis-
i've against Mr.. Quay's claim.
"Thus construed, this clause of the
constitution affords every facility for
always keeping the Senate filled with
Senators who are the real representa-
tives of their respective States. A Sem
ator who is chosen by the legislature OF
his State is likely to be the choice OF
The Majority of the Citizens
| of his State. A Senator who is appoint
ed by an executive is frequently only
| the personal or political favorite of the
executive.
1.-THE legislature, as we construe the
clause, chooses the Senator in the first
instance. If he declines to serve or
dies before he is indicted into Office;
or if, after qualifying, he dies, resigns,
or is expelled, the executive may make
a temporary appointment until the leg
i~slature meets again; or If, owing TO
changes in State constitution the leg
islature, which is authorized to fill the
term at its commencement, cannot meet
until after the term has commenced,
the executive can also make a temper
ary appointment
Every contingency is thus provided
for except the sole contingency that the
legislature will fail to perform its sworn
duty. Against a contingency of this
kind the trainers Of the constitution did
no intend to provide"
After discussing al length the circum-
stances under which the constitution
was framed, the majority announces its
| conclusion as follows:
Eve think that the trainers OF the
constitution never contemplated nor in
tended to provide for a case where a
State. by its own deliberate act, should
deprive its legislature Of the power 10
fill an entire term at its beginning. In
our opinion they intended to give
the executive OF a State the power to
I'LL an entire term by original appoint
ment, unless, possibly, IN a case where
the iegislature had chosen and the per-
son elected had refused to accept or