The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-24
THE QUAY CASE.
Views Of Majority and Minority of
the Committee.
noaty Of
TO THE SENATE.
The Main Contention Is As to the
Right Of the Governor. to Ell the
Vacancy IN the Senate When the
Legislature Fails to Do So.

WASHINGTON, Jan. 2s--The re-
ports OF the committee ON privileges
and elections in the case OF NJ. S. Quay.
who claims a seat IN the United States
senate on the strength Of an appolnt-
ment from the governor OF Pennsylya-
mia, were presented in the senate TO-
day. The majority report opposing the
seating OF Mr. Quay, was signed by
Senators Cafrery Pettus, Turley, Har-
ris and Burrows. the last named the
only Republican signing 1t. The minor
ity report bears the signatures of Sena-
tors Hoar, Chandler Prltchard and
McComas. all Republicans, and advo-
Gates giving the seat to Mr.. Quay.
Majority Views.
The majority report first reviews the
circumstances under which Mr.. ouay'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, IL the next legislature does not
fill 1t, it continues to exist. 1t is the
same vacancy, not a new one. Now the
state executive is given power to make
temporary 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 re-
qulred to i'll the vacancy, This clearly
means that the paramount intent to
have the Legislature choose the senators
is to prevail. and that, whenever the
legislature has had the opportunity to
MI the vacancy, either before or after
1t occurs, the executive has no power to
appoint. And when we take the phrase
IL vacancies happen by resignation or
otherwise. during the recess Of the leg
islature Of any state. II we concede
that the general word otherwise is
not qualified nor limited by the specI-
tic word resignation and that 1t in
cludes vacancies which are caused by
efilux Of time and which can be fore
seen, as well as vacancies which are
caused by a casualty or the happening
of an unexpected event, and which cam
not be foreseen. still It must be con-
strued and defined will, reference to the
balance OF the phrase so as to give eff
feet to all It's parts; and 1t thus results
that the "acancy no matter how 1t Is
produced. must happen, take place, or
begin during a recess OF the legislature;
and this Of itself would be decisive
against Mr.. Quay's claim"
Continuing, the report says;
Thus construed, this clause Of the
constitution affords every facility for
always keeping the senate filled with
senators who are the real representa-
tlves 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.
Asenatorwho is appointed bynn execu-
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