Evening star., 1901-01-17
OPPOSITION TO HARLAN
WAS NOT CONFIRMED OWING TO
LACK OF QUORUM.
Mr. Foraker Denies That He Had In
dfrated Knowledge of the Su-
prcme Courts Coming Decision.

Another effort was made in the executive
session of the Senate yesterday to obtain
the confirmation OF the nomination OF James
f. Harlan to attorney general of Porto
kco, but the effort failed on account of the
absence Of Il quorum
There spirited debate between Sen
ators Foraker and Pettigrew. The trouble
| arose over an apparent misconstruction of
what Senator Foraker said Tuesday con-
cerning the attitude of the Supreme Court
| on the insular cases pending before that
tribunal. Senator Pettigrew yesterday, in
the course of some remarks opposing Mr..
Haran's confirmation. referred to Senator
Foraker's speech, and said that the latter
! had indicated a knowledge of how Justices
Harlan and MCkenna would hold in the
cases pending before the court
This statement brought Mr.. Foraker to his
feet with sharp and somewhat excited in
terruption, in which he diSclaimed having
gwen any such intimaton.
Mr.. Pettgrew responded with equal spirit
to the effect that his words were capable
of the construction that he (Pettigrew) had
placed upon them and added that he could
bring any number of senators to substanu-
ate him.
What Mr.. Foraker Said.
Responding, Mr.. Foraker repeated what
he had said Tuesday, according to his recol-
lection, and said that he had meant to say,
ard had said, that he had such confidence
in the principle of legislation with refer
ence to our newly acquired possessions that
he had not doubted for a moment the posi-
ton the court would take when it came To
the adjudication of questions under that
tribunal. 1T would, to my mind, be waste
of raw material in the way of time" he
went on, for the administration to give
places to sons of members of the Supreme
Court in order to influence their fathers TO
support the administration in these matters,
for / have such confidence in the soundness
of our position that l count absolutely upon
their sustaining the conStitutionality of our
legislation. That said yesterday, he add
ed, "and | have said many times, both in
open and executive SESSION, and l repeat
the statement again today"
In view Of his confidence in the position
taken. he pooh-poohed the idea Of bribery
by the giving of official place as entirely
out of question: and added that lit was
unbecomng in the Senate to indulge such
talk He again referred to the high char
acter of Mr.. Harlan as man and law
yer, and said that he had been rendered
the same position for which he is now II
nominee year ago, when there were no
insular cases before the court and had de-
clined it. ITO my mind, he said, the
nomination is an exceptionally worthy one
l think we are very fortunate in securing
the services of a man so eminently fit for
the position and l think the nomination
should be confirmed forthwith in order that
he may proceed to Porto Rico while the
legislature is in session, when his services
are especially required" Mr.. Foraker said
he personally knew Mr. Harlan to be Just
such man as was demanded for the place.
and he appealed to other senators who had
like knowledge to substantiate his state
ment as 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 to confirm it, and he advised speedy
action, especially in view Of the pressing
need for such services as Mr.. Harlan could
render.
Among the senators to whom Mr.. Foraker
appealed for testimonials in regard to Mr..
Harlan's character were Messrs. Teller,
Spooner and Fairbanks. All responded fa-
vorably but Mr.. Teller added that he
doubted the propriety of the nomination at
this juncture.
When the debate closed 1t was ascer-
tanned that there were only forty-one SEN
ators, or fewer than a quorum, present,
and the nomination again went over.