Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-01-26
QUAY IS UNDER FIRE.
Majority of Committee Is Against
Seating Him.
SOME EXTRACTS FROM THE REPORT.
Senator Burrows the Only Republics
an Signer-Senators Honr. Chnnd-
Ter, Pritchard and McComns Fn-
{ vor Giving Him His Seat.

Washington, Jan. 24.-The reports O
the committee on privileges and cleo
tions in the case of NJ. S. Quay, VIII,
claims seat in the United States sen
ate on the strength of an appointment
from the governor of Pennsylvania
were presented in the senate Tuesday
The majority report, opposing the
seating of Mr.. Quay. was signed by
Senators Gallery, Pettus, Turley, Har
rls and Burrows, the last named the
only republican signing it. The mi
nority report bears the signatures OF
Senators Hoar, Chandler, Pritchard
and McComas, all republicans, and ad.
vocates 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 senator. 1t then says:
AFTER vacancy in the office of United
States senator occurs or comes to pass,
II the next legislature does not fill it, it
continues to exist. II is the same vacancy,
not new one. Now the state executive is
given power to make temporary appoint
",
It continues or exist, but ONLY UNTIL
THE NEXT MEETING OF THE LEGIS-
LATURE, which is then required to fill
the vacancy. This clearly means that the
paramount intent to have the legislature
choose the senator's is to prevail, and that,
whenever the legislature has had the OPP
Portunfty to fill the vacancy, either before
or after 1t occurs, the executive has no
power to appoint. And when we take the
phrase IF vacancies happen by resigna-
ton, or otherwise, during the recess of the
legislature 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 vacan-
cies which are caused by efflux of time and
WHlch can be foreseen, as we'll as vacan-
cles which are caused by a casualty or the
happening of an unexpected event and
which cannot be foreseen, still it must be
construed and defined with reference to the
balance 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
recess of the legislature; and this of itself
would be decisive against Mr.. Quays
claim"
After discussing at length the circum-
stances under which the constitution was
GRAINED, the majority announces its conclu-
sion as follows:
We think that the trainers of the con-
sututlon never contemplated nor intended
20 provide for case where state, by its
own deliberate act, should deprive its legis-
.ature OF the power to fill an entire term at
ats beginning. In our opinion they never
to give the executive of a state
1he power to fill an entire term by original
appointment, unless, possibly, in a case
Where the legislature had chosen and the
person elected mad refused to accept or died
before qualification. In other words. we
conclude that the power of appointment
was not to be exercised unless the vacancy
occurred in the recess of the legislature and
was occasioned by some casualty like
death OF resignation"
Quotes Precedents.
The report then quotes numerous preced-
ents beginning with that of Kensey Johns,
Of Delaware in 1894, and closing with the
case of Henry w. Corbett. of Oregon, in
1888 1T then ends as follows:
The statement of these cases and pre-
cedents shows that from the beginning of
the government down to the present time
the senate has never recognized the right
Of a state executive to make a temporary
appointment where the vacancy happened |
Or occurred during session of the legis-
ature. 1t shows. further, that for rs years
The senate has refused to recognize the |
right of state executive to make tenn |
porary appointment, even where the va
eancy happened or occurred during a re-
cess of the legislature. if the legislature,
either before or after 1t occurred and prior
to the date of the appointment, had had an
to fill it.
1.-THE Fundamental principle thus estab-
Iished is that if the legislature, either be-
fore or after the happening of vacancy.
has had an opportunity to fill it, then there
Is no power in the state executive to APP
point. The result is fatal to the claims Of
MIR. Quay. No danger nor evil has result
ed to the government from the enforce
ment of this principle.
eve therefore submit that the senate, for
Its own honor and dignity. should stand
by its previous solemn and deliberate deci-
Bions."
The Minority Report.
The minority report takes the opposite
View. Quoting section 3, article / of the
the minority says that the
Failure of the governor to call the legisla-
ture together to elect a senator does not
act to deprive the governor of the power
of appointment. Referring to the consti-
tutional provision, the question is asked:
docs the language of the constitution of
6he United States mean just what the con-
st1tution of the commonwealth of Pennsyl-
wanna says: In case of vacancy in the
office of United States senator in a recess
between sessions or does it mean that the
vacancy must be one which comes by
chance. SO that it does not apply at all to
the case of vacancy at the beginning of
d leIIup winch QOeS not come by chance Dut
As foreseen and inevitable?"
, This question is answered as follows:
If the words have the former meaning,
then all distinctions between cases where
q legislature has been in session and those
where legislature has not been in ses-
sion, between vacancies at the beginning
of a term and vacancies beginning after the
term itself has begun and the office for
that term once filled, are without impor-
tance. We think that the former is the true
meaning of the constitution. We think
that 1t was the intent Of the constitution
to provide. as far as possible, that every
state should have two senator's
Gases Cited.
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..
Beckwith of Wyoming, submitted with
out further contest. At that time there
was an earnest division in the senate on an
important question relating 10 the cur
rency, which created for the time being
more earnest differences of opinion than
those existing between the two great po-
hitical parties on other questions. 1t was a
time not favorable to dispa ssionate, nom
partisan judgment We prefer the author
dty of the New Hampshire cases, which
was acted on also in the case of Mr. Pasco,
of Florida, and We think that decision
which must inevitably deprive states in the
nnion for long periods of time of their
rightful representation under the consti-
tuition will not be permitted long to stand.
and that no settlement of the question in
nerogation of the rights of the states, and,
as we conceive, in violation of the intent
of. the trainers of the constitution. should
be acquisced in.''
az Conservation Authnrt.a.,
Washington, Jan. 22.-The papal bull
authorizing the conservation of Rt. Rev.
Mgr. Sbaretti, bishop-elect of H,y,n.