Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-02-27
TURLEY SPOKE
AGAINST QUAY.
Made u Constitutional Argument In op.
position To Seating Him, on Ap-
pointment of Stone.

WASHINGTON, Feb. 27.---Formal dis.
cussion of the right Of former Senator
Quay to seat in the senate, as mem.
Mr. Turlcy tTcnn.). He presented a
constitutional argument against the
seating of Mr.. Quay, which was given
close attention by his colleagues. He
will conclude today.
Consideration OF tho Hawaiian govern.
ment bill brought out II lively discussion
between MIR. Tlllman and Mr.. Spooncr,
In which the former admitted that ballot
boxes had been stuffed and negroes had
been shot In the south TO maintain white
domination. An amendment was made
TO tho bill striking out the property qualihca'
tion of voters for members OF tho legislature
hut little other progress was made.
Senator Turley had no written argument
but, using the majority report OF the commit
tee, Of which he n the author, as reference, he
spoke freely and with the sober logic Of q law
yer addressing the supreme court.
Ho read the clauses OF tho constitution rc
lating to the subject No vacancy in the be
ginning OF term Of the senate, he said was
possible II tho Legislature did its duty. II had
been carefully provided that there should al.
ways DO a legislature IN existence before the
term ~ q senator could expire, and no vacancy
could continue to exist IL the legislature did It's
duty. The trainers of the constitution never
provided for the failure Of a Legislature to per
form its duty, and 1t was impossible that thoy
should do so, since the life of the government
depended upon the performance of such duties,
and n failure to perform them could not be
contemplated and provided for. Far safer
than to provide for the contingency of lcgis.
isaturo not doing Its duty, would he an OK
press provision that II state should go without
representation which fnilcd To do its duty. II
Is impossible to coorco tho states or to coerce
the DcODlc to uerfprm such dutipa.
The constitution provided means for filling
vacancies under any possible contingency than
that OF tho state refusing to do no. This was
wise omission The filling of vacancies pro.
vided for were but temporary until tho legis.
lature should convene, SO as 10 have OH oppor.
tunity to elect on tho meeting of tho legipla'
ture. An appointment made TO iill a vacancy
which had occurred during the recess expired.
Did this provision not make clear that the con.
stitution did not intend that the power of ap.
pointmcnt when the legislature WINS in posi-.
tion TO fill tho vacancy IL IL wanted toY
Would any scnntor contend that " n bugi.
ness man going abroad should give a power Of
attorney to n man to attend To his business
until his return, this power OF attorney would
still be in force II the business man returned
md afterwHrd went away again
II was logical ana reasonable to have n state
without representation In the senate " that
state failed to perform tho duty required of IL
Ivy the constitution Vacancies occurring in
the regular alltlN OF tlmc wcro Allied by the
legislature, and the only yncancy To be pro,
yided for were such ns "hGpncnedu ont ~ tho
regular order. Should tbc lesisleturn hn ,r
session when nm accidental vacancy occnrrsd
the legislature would he relied nm 10 All ,ho
vacancy, and no mower yyouiA ,est clsr,,bcrr
10 All A. Only when rho lcoisat,,ro ,,ns No., IL,
session was Il nee.s.sry n make rr',,Islon ="
MI tho vacancy by special method The power
given the governor was 20 fl an accidental
vacancy happening at time when ,hero was
no other possible means Of filing IT, II II had
been the intention @ keep the scnntc full re-
gardless or any failure by the legislature "a
elect the provision for the appointment by the
governor would have boon made mandatory
Instead OF this the constitution said the COVER