The age-herald., 1901-01-17
BITTER DEBATE ON HARLAN NOMINATION Lack of Quorum Caused Failure
 of Confirmation. FORAKER AND PETTIGREW Warm Words Between the Two sena- tors Over the Apparent Miscon struction of What MT. Foraker
 Said on Previous Day.
FORAKER AND PETTIGREW

Washington, January 16.-There was an- other effort In today's executive session in the Senate to secure the confirmation Of James S. Harlan to be encouragement of Porto Rico and as on yesterday the effort failed because of the absence of quorum.
 The effort to reach a vote resulted in an animated scene in which Senators Foraker and Pettigrew were the principal actors. There was a lively exchange of personali- ties The trouble arose over an apparent misconstruction of what Senator Foraker said yesterday concerning the attitude of the Supreme Court on the insular cases now pending before that tribunal.
 Senator Pettigrew today, in the course of some remarks, opposing MT. Harlan's con- firmation, referred to Senator Foraker's speech and said that the latter had indi- cated a knowledge of how Justices Har- Ian and McKenna would hold in the cases pending before the court.
 This statement brought MT Foraker to his feet with a sharp and somewhat ex- cited interruption in which he disclaimed having. given any such intimation.
 MT. Pettigrew responded with equal spir- it to the effect that his words were capa- ble of the construction that he Petti- grew) had placed upon them, and added that he could bring any number of Senators to substantiate him.
 Foraker Replied Hotly.
 Responding, MT Foraker repeated what he had said yesterday according to hls recollection, and said that he had meant to say and had said that he had much confi- dence in the principle of the legislation with reference to the newly acquired pos sessions; that he had not doubted for moment the position the court would take when it came to the adjudication of the questions before the tribunal. Tt would be- to my mind, waste of raw material in the way of time" he went on, flor the administration to give places to the sons of justices 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 po- sition that I count absolutely upon their sustaining the constitutionality of our, legislation. That I said yesterday" he added, and have said it many times, both in open and executive session, and repeat that statement again today" RidicuIes Idea of Bribery. In view of his confidence in the position taken he poohpoohed the idea of bribery by the giving of official place as entirely 5outl or the question, ana auueu tndt u was unbecoming in the Senate to indulge Tn such talk.
 In conclusion MT. Foraker said he per- sonally knew MT. Harlan to be just such a man as was demanded for the place, and he appealed to other Senators who had like knowledge to substantiate hih state ment as to the mans character. Among the Senators to whom MT. For aker appealed for testimonials in regard to MT Harlan's character and fitness were Messrs. Teller, Spooner and Fairbanks All responded favorably, but MT. Teller added that he doubted the propriety of the nomination at this juncture.
 When the debate closed it was ascer- tained that there were only forty-one Sem ators, or fewer than quorum, present, and the nomination went over