The sun., 1900-01-24
Majority and Minority Reports
on the Case Given to
Senate Yesterday.
ROBERTS DEBATE In HOUSE
Chairman Tayier of the Investigate
ing Committee Makes a Speech
Eiaborating the Arguments
Against the Utah Nor
mon Congressman.

the case OF fGrmer Senator Quay. The |
resolution follows:
THAT the Hon. Matthew S. Quay is
not entitled to take his seat in this body
as 4 senator from the state of pennsyl-
vanin."
That resolution was the judgment Of
the majority Of the committee. Mr.. Tur-
ley called attention to the resolution of
the minority of the committee, which was
that Mr.. Quay was entitled to scat in
the senate. Both resolutions were ae-
companied by reports in their support.
The majority report, opposing the seat
ing OF Mr.. Quay, is signed by Senators
Caffery. Pettus, TuIley Harris and Bur
rows, the last named the only Republican
signing it. The minority report bears the
signatures of Senators Hear, Chandler,
pritchard and McComas. Republicans.
The majority report first reviews the
circumstances under which Mr.. Quay's
appointment was made. intending the
failure Of the Pennsylvania legislature to
elect senator. After discussing at length
the circumstances under which the con
stitution was framed tho majority an
nolnces its conclusion as follows
I'VE think that the trainers Of the con-
stitution never contemplated or intended
to provide for case where state, by
its own deliberate act, should deprive its
Legislature of the power to fill an entire
term at its beginning. In our opinion
they never intended to give the excou-
tive of state the power to I'LL an catire
terra by original appointment unless pos
sibly in case where the Legislature had
chosen and the person elected had re-
fused to accept sr died before qualiAen
ton. In other words, we eoaoirde that
the power Of appointment was net t~ be
exercised Hnless the vaeaaey occurred IN
the recess Of the Legislature and was &C.
casi>sea kw seine casualty like death sr
reeignsden."
The Minority Report.
| Ehe miasritg lpp@rt takes the e#rssite
| view. gnsti.g sectieA 3, article l, Of the
constitution, the minority says that the
| failure of the gavernsr to call the le&ds-
lature together to elect a seaatsr sses
| not act to deprive the gsverRsr OF the
power Of appsintmemt.
The minority gives csnsi8eGable attcn-
| tiva to the varisus easeS whicA have Pre-
| visssfy heen filed in the senate ard cen.
| cludes as fellews:
"The case of Allen of Washington was
decided with the Lee Mantle ease ans
without apgnmcrt, deeisisn to whiet
Mr.. Bcckwith Of Wyoming submitted
| without further contest. ]. that ame
1 there was nm earnest division in the sen
ate on an important question relating tf
the currency. which created for the tint
bein~ mere earnest differences OF orin
ion than those existing between the tw'
great political parties on other questions
Ii was time not favorable to dispassion
ate, nonpartisan Judgment We Prcfe
She authority of the New Hampshire
cases. which was acted on also III IN
: case of MIR Pasco Of Florida, ard "
J think decision which must ineyitahl,
deprive states III the 'ninn for lon
periods Of time Of their rightful rerresen
!, tation under the constitution will moi 2
permitted lan@ ID stand ard that no set
tlat,lcrt DC the question ~ deroEation 2
the ri.hts VT the states and. MS WI cor
ceive. II violation ~ the infent ef II
fta,ners NJ The constitution could le af
p6ieaccd nj"
Roberts Debate ~ Eious@.
Enormous crowds were present 70 vii
ness Che opening 81 the debate III ~
Roberts case lfully three-tourrhs df h
spegtators were women. TAey oecupie
i the reserved galleries tier or tier, al
: their bright gowns illHm.ned the sloo'
, Of the ctycrnnus reaesSes about t;e spa
cious hall MIR Roberts was IN tile sea
which he has been occupy lng On tae e5
! ticmc right of Tie hall and every nee
was claned to catch 4 glimpse 81 mn
He appeared conscious Of the attentio
he was attracting.
Nearly every member was IN his sea
when MIR. Tayler tO.l. chairman Of e.
special committee which investigated tn
1, ,.,,1 Il 1..ats .t4lgi i-
) high with legal authorities and maal
script and called up The case, Mr.. Ta5
lcr il i young man, slight and pal.id, bt
; with energy and aleftncss stamped upo
every feature OF his couhtenancc.
! He ASKED that the agreement made b
/ tween the majority ahl minority af u
: committee for Il vote ON the case NJ All
d. III. on Thursday Ge ratified by II
: house.
E Mr.. Lacey (Ia.) objected unless I !
undcrs tood thar Il substitute rcsolu io
: which he desired to offer should aisl |
I. considered pending.
e MIR. Tayler objects.
To this Mr.. Tnylcr objected. He al'
! objected to having Mr., Laceys propos
!, ton read, although appealed to by N
= Bailey tTcXl and Mr.. Richards
1tnll.l. MS plhpSstlivht 90 ~ 7hH7
!. quentiy developed. was for the eXpulsi(
Of MIR. Roberts without swearing him
/ The majority resolutions to exclude hi
: and the minority resolutions to peru
I him to he sworn in and then expell,
! were laid before the house, and witho
7 any agreement as to a vote Mr.. Tayl
! opened III support of tine majority rcsoi
I tions. lie spoke clearly and with gre
earnestncss. When he began. Mr.. Ro
II erts changed his position to one near Il
/ center aisle on the Democratic sid
where he could hear with more ease. NJ
Taylcr elaborated the arguments OF
! , lined by the majority report already co
/ cred by these dispatches.
= Mr.. Tayier was emphatic ia his asse
l ton that exclusion was in harmony wi
&c precedent: expulsion in violation of
+ He ampiified the three ground for NJ
Roberts exciusion-tirst, because of
"a violation of the Hdmunas act; secen
becnuse he WAS living in opem and fl
'. grant and notorious visitation of the sts
10 utes Of the congress he seeks to eHt'
-.d third kecaiIse his el@ctiAp waa y