The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-06
IN OPPOSITION TO QUAY
Mr.. Gallinger Argues Against Seat
ing the PennsylvaniaD.
The senator Discusses the Various
Phases of the Question and states
Over without Action ON the
Amendment of MIR. Chandler.

The resolution declaring that Matthew
:. Quay is not entitled to a seat in that
body was taken up by the Senate yester-
day. and Mr.. Gallinger made speech ih
support of it. He summed up his opposi-
tion to the seating OF Mr.. Quay as being
based en- four grounds; first that it would
be violation of both the letter and the
spirit of the Constitution. second, beca-se
it would be an acknowledgment of the
right of the executive to fill all such va
cancies. however occurring: third, because
the Legislature of Pennsylvania adjourned
without performing its duty, and because
the Governor neglected to reconvene it,
preferriIg to take the matter in his own
hands, and fourth, because the admission
of Mr.. Quay would give additional eucour-
agement tc ambitious and disreputable men
mot intending to include Mr.. Quay in that
class) to nullify the constitutional method
of electing Senators, and would introduce
an element of endless and bitter disorders
in State elections. Safety, he said, lay in
the direction of a close adherence to the
constitutional method of eiecting Senators.
He was opposed to their election by the
people. but would infinitely prefer that
method to their appointment by Governors
of States.
"Mr. President" Mr. Gallinger contin-
ued when We come to the final analysis
it means simply that the Constitution says
that when a vacancy happens, occurs. or
comes to pass, If you please. the Governor
can appoint if the happening. occurring. or
coming to pass is during the recess of the
Legislature, and by all fair Interpretation
it means that he cannot appoint except
when those conditions exist.
Submit the question to fifty intelligent
who hay hpfpr Gid darp
it and venture the prediction that every
one of them will so interpret the Con-
stitutinr. But let the distinguished Sen
ator frCm Massachusetts (Mr. Hoarl with
his adroisness and skill take them in hand.
telling them that happen doesn't mean
happen. that otherwise has a hidden or
occult meaning, beyond the grasp of the
ordinary mind. that such is a word OF
very difficult Interpretation and that be-
yond the possibility of question, Madi-
son and Jefferson had in view, above all
other things the necessity of keeping the
Senate full-'always full, as the Senator
from Massachusetts said in former de-
bate-and doubtless some OF the fifty
would be greatly puzzled as to the real
meaning of this plain provision of the
Federal Constitution
Addressing the supporters of Mr.. Quay,
Mr.. Gallinger said.
ouES Is tHe pain Ol Sditls, yours Il
path OF disorder ard chaos; yours make
shift and assumption of fraud; ours an
adherence to the best interests of the
country"
Mr.. Chandler Chairman of the Commit
tee on Privileges and Elections proposed
that a vote be taken on his amendment
to the resolution, that the word not be
stricken OUT
81 hardly think." said Mr.. Jones of
Arkansas, that you can have vote at this
time"
You need go no further Mr.. Chand-
Ter interrupted There being no other
Senators ready to speak. l ask that the
resolution go over till tomorrow after the
routine morning business" 1t was so or
dered.
During the morning hour a bill was
passed authorizing the appointment of ad-
ditional officers in the Subsistence Depart
ment of the Army. Mr.. Carter offered IN
amendment to the bill providing that the
acting head of the Subsistence Department
should have the rank. pay, and emoluments
of brisadier general,
Mr. Cockrell said while he sympathiZed
with the object of the amendment he was
doubtful as to the best way TO attain it.
He thought the present incumbent OF that
position General. Esgan) ought to have
been removed.
Before the passage of the bill the amend
ment was Withdrawn.
At 1:35 o'clock the Senate, on motion of
Mr. Davis proceeded to the consideration
of executive business The doors were
opened at 4:45 O'Clock. and Immediately
afterward an adjournment was taken until
today