New-York tribune., 1901-01-17

70 secure the confirmation Of James S. Harlan
70 be Attorney General of Porto Rico. and, as
on yesterday, the effort failed because of the
absence of a quorum.
The attempt to reach a vote resulted in an ami
mated scene, in which Senators Foraker and
Pettgrew were the principal actors. There was
a lively exchange of personalities The trouble
arose over an apparent rnisconstruction of what
Senator Foraker said yesterday concerning the
attitude of the Supreme Court on the insular
cases now pending before that tribunal sena-
tor Pettigrew to-day in opposing Mr. Harlans
confirmation referred to Senator Forakers
speech, and said that the latter had indicated
knowledge of the opinion Justices Harlan and
McKenna would hold in the cases pending be-
fort the court.
This statement brought Mr.. Foraker to his
feet with sharp and somewhat excited inter-
ruption, IN which he denied having given any
such intimation
Mr. Pettigrew responded with equal spirit that
his words were capable of the construction he
had placed upon them, and added that he could
bring any number of Senators to substantiate
him.
Mr. Foraker repeated what he had said yester
day. according TO his recollection, and said that
he had meant to say and had said that he had
such confidence in the principle Of the les1sla-
tion with reference to newly acquired possessions
that he had not doubted for moment the posi-
ton the Court would take when 1t came TO the
adjudication of questions before that tribunal
1t would, to my mind, be a waste Of raw ma
terial in the way of time he went on, for the
Administration TO give places to the sons of
justices of the Supreme Court in order TO In
fluence their fathers to support the Administra-
ton in these matters, for have such confidence
in the soundress OF our position that count
absolutely upon their sustaining the constitu-
tionality of legislation. That said yester-
day" he added. and have said it many times
both in open and executive session, and repeat
the statement again to-day"
In view of his confidence in the position taken,
he ridiculed the idea Of bribery by the giving of
Official place entirely out Of the question. and
added that 1T was unbecoming in the Senate to
indulge such talk" He again referred TO the
high character of Mr.. Harlan man and a
lawyer, and said that the same place for which
he is now nominee had been offered to him
year ago. when there were no insular cases be-
fore the Court. ard he had declined it.
To my mind he said. the nomination is an
exceptionally worthy I think we are very
fortunate in securing the services Of man so
eminently fit for the position. and 1 think the
nomination should be confirmed forthwith in
order that he may proceed to Porto Rico while
tie Legislature is in session, when his services
are especially required"
IL PO4"SA-N'AN'
knew Mr.. Harlan 10 be just such a man as was
demanded for the place and he appealed to other
Senators who had like knowledge to slDstantl-
ate his statement to the mans character
Granted even for argument. that the nomination
had not been made at the most fitting time, he
thought the Senate could not do better than
confirm it, and he advised speedy action, espe-
cially in view Of the pressing need for such ser
vices as Mr.. Harlan could render
Among the Senators to whom MI FORAKER ap-
pealed for testimonials in regard TO Mr. Har-
ian's fitness were Messrs- Teller. Spooner ana
Fairbanks All responded favorably, but MI
Teller added that he doubted the propr1ety or
the nomination at this time.
When the debate closed it was ascertained
that there were only forty-one Senators, or less
than a quorum, present, and the nomination
again went over.