The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-02
TURLEY SPOKE
AGAINST QUAY.
Made n Constitutional Argument In Op
position to Seating Him, on APP
pointment of Stone.

WASHINGTON, Feb. 27.-Formal dis
cussion of the right of former Senator
Quay toa seat in the senate, as a mem
ber from Pennsylvania, was begun by
Mr.. Turley (Tenn.). 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 the Hawaiian govern
ment bill brought out lively discussion
between Mr.. Tillman and Mr.. Spooner,
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 the bill striking out the property qualitica-
tion of voters for members Of the legislature,
but little other progress was made.
Senator Turley had no written argument,
but, using the majority report of the commit
tee, of which he is the author as reference he
spoke freely and with the sober logic of a law
yer addressing the supreme court.
He read the clauses Of the constitution re-
latiag to the subject. No vacancy in the be-
ginning Of a term Of the senate, he said, was
possible if the legislature did its duty. 1t had
been carefully provided that there should al.
ways be a legislature in existence before the
term of a senator could expire and no vacancy
could continue to exist if the legislature did its
duty. The trainers Of the constitution never
provided for the failure Of legislature to per.
form its duty, and it was impossible that they
should do so, since the life of the government
depended upon the performance of such duties,
and failure to perform them could not be
contemplated and provided for. Far safer
than to provide for the contingency of legis-
islature not doing its duty, would be an
press provision that a state should go without
representation which failed to do its duty. 1t
Is impossible to coerce the states or to coerce
the people to perform such duties.
The constitution provided means for filling
vacancies under any possible contingency than
that Of the state refusing to do so. This was a
wise omission The filling of vacancies pro-
vided for were but temporary until the legis-
lature should convene so as to have an oppor-
tunity to elect on the meeting of the legsla-
ture. An appointment made to fill 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 APP
pointment when the legislature was in posi-
tion to fill the vacancy if it wanted tor
Would any senator contend that if bust.
ness man going abroad should give a power of
attorney to a man to attend to his business
until his return, this power of attorney would
still be in force if the business man returned
and afterward went away again
1t was logical and reasonable to have state
without representation in the senate if that
state failed to perform the duty required of ii
by the constitution. Vacancies occurring in
the regular afflux Of time were filled by the
legislature, and the only vacancy to be pro
vided for were such as happened" sut of the
regular order. Should the legislature be in
session when an accidental vacancy occurred
the legislature would he relied ON to fill the
vacancy, and no power would rest elsewhere
to fill it, Only when the legislature was not in
session was 1t necessary to make provision to
fill the vacancy by special method. The power
given the governor was to fill an accidental
vacancy happening at time when there was
no other possible means of filling it, III IL had
been the inteption to keep the senate full re
gardless OF any failure by the legislature to
elect, the provision for the appointment by the
governor would have been made mandatory
Instead Of this the constitution said the Cover
nor may" fill the vacancy, not 'must" fiji the
vacancy.
1t was left discretionary with the governor
to fill or not fill the vacancy coming within his
right TO appoint. He could not be compelled
TO make the appointment, and IL he failed to
do so the vacancy would continue to exist until
the legislature should convene and should
I'LL it,
Therefore the contention that il was the pur-
pose of the constitution to compel the filing Of
vacancies would not hold.
Mr.. Turley discussed the Interpretation to
put ON the word "happen," showing that it
could not be used az indicating a progressive
condition as is indicated by the word 0exist"
| He was interrupted in the discussion of the
history of the constitution by Mr. Hoar, Mr..
Penrose and Mr.. Beveridge, who contend that
| the clause as adopted admitted Of the appoint
ment by the governor.
| Existing under any circumstances during q
| recess OF the legislature, and that the change
| In the language OF the clause which limits the
| governors power was made by the committee
ON style. 10 this Mr.. Turiey rsplisd that this