Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-01-25

SION In the name OF the motherhood OF
the land and of the pitiful innocenss
doomed to the shame of illegitimacy.
The speech created a sensation aud
drew a whirlwind of applause.
Lacey OF Iowa argued for his propo-
sition for the expulsion of Roberts
without swearing him in. Miers of
Indiana supported the majority resolu-
ton.
I'm the Senate.
Washington, Jan. 23.-(By Associat-
ed Press -The reports of the commit
tee on privileges and elections in the
case of Quay, who claims seat in the
senate on the appointment of the gov
ernor of Pennsylvania were presented
in the senate today. The majority re-
port. opposing the seating of Quay, re-
views tina circumstances under which
Quay's appointment was made, includ-
ing the failure of the Pennsylvania leg
lslature to elect senator and then
says: After a vacancy in the office
OF United States senator occurs, if the
next legislature does not fill it, it con-
tinues to exist. 1t is the same vacan-
sy, not new one. Now the state exec
utive is given power to make temporal
ry appointments in case of vacancy,
not as long as it continues or exists,
but only until the next meeting of the
legislature, which is then required to
fill the vacancy. This clearly means
that paramount intent to have the
Legislature choose senator's is to prevail
and that, whenever the legislature has
had an opportunity to fill the vacancy,
either before or after it occurs, the
executive has no power to appoint
This is the main argument in the re-
port and is presented from various
points of view and holds that under it
the representations of the state in the
senate are provided for under all ex-
cept the sole contingency of the legis-
lature failing TO perform its sworn
duty by electing. The report then
cites numerous precedents in support
of its position, beginning in 1894, and
concludes: The statement of these
cases and presidents shows that from
the beginning of the government to
the present time the senate has never
recognized the right of the state exec
utive to make temporary appoint
ment where the vacancy happened or
occurred during the session of the leg
islature. 1t shows, further that for
seventy-fve years the senate has refus-
ed to recognize the right of the state
executive to make temporary ap-
pointment, even where the vacancy
happened or occurred during recess of
the legislature, if the legislature, eth
er before or after it occurred and prior
to the date of appointment, had an OPP
portunity to fill it, til
& The minority report takes the ,oppo>
site view. Quoting section 3, article
OF the constitution, the minority says
the failure of the governor to call the
Legislature together TO elect a senator
does not act to deprive the goyerpor.of
the power Of appointment. Referring
to the constitutional provision the
question is asked: Does the language
of the constitution of the United
States mean just what the constitution
of the commonwealth of Pennsylvania
says: 'In the case of vacancy in the
Office of United States senator in recess
between the 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 term, which does
not come by chance but is foreseen and
is inevitable? This question is an
swered as follows: eff the words have
the former meaning, then all distinc-
tons between cases where the legisla-
ture has been in session and those
where the legislature has not been in
session, between vacancies at the be-
ginning of the term and vacancies be-
ginning after the term itself has begun
and the office for that term, once filed,
are without Importance. We think the
former is the true meaning of the
constitution. We think it was the in
tent of the constitution to provide as
far as possible, that every state should
have two senator's" This last clause
contains the main contention of the
minority and the desirability of having
ia full senate is at all times dwelt on
and elaborated, and various precedents
are cited.
Ross, of Vermont, addressed the sem
ate in advocacy of his resolution to the
effect that it is necessary for affirma-
tive action to be taken by congress to
extend the provisions of the United
States constitution over Porto Rico
and the Philippines. 1t was largely a
legal and constitutional argument.
Hale reported from the appropria.
tons committee the urgent deficiency
bill and said he would call it UP to-
morrow. Allen offered resolution
for information relating to the admir-
istration of customs in Porto Rico,
Cuba and the Philippines. It went ov-
er. Pettigrew offered a resolution de-
:claring the United States could not
recognize the right of any nation to
declare contraband and seize food pro-
ducts as such; that such seizure
would be an unfriendly act. It Went
over. Pettiprew spoke in support of
his resolution calling on the president
for the report of General Bates con-
corning the treaty with the sultan Of
Sulu. He said that slavery in the
worst form existed in the Sulu islands
and the treaty provides that slaves
might purchase their freedom at the
market price; that we paid the sultan
SO per cent more than Spain did. He
declared the treaty was withheld from
the people until after the Ohio cleo.
tons as part of the policy of conceal
ment. Spooner asked If he meant to
hold the president responsible for the
slavery clause in the treaty. Pettigrew
said he did. For answer Spooner read
the following passage from the presi-
dents message to congress-: II con-