Show sEiATiR QUAY Llvstol Resolutions are Submitted Sub-mitted to the Senate NOT ENTITLED TOA SEAT r i Jr > I 1 1 p j So tlioMajority Declarfr One Repub L I licnn Senator Burrows Signs this Report The Minority Bears nil Republican Re-publican Signatures and Favors I Seating the Ponnsylvauiaa Voluminous Volu-minous Reports Accompanying1 the j Resolutions Day was Again Devoted De-voted to SpsochMaking I 1 Washington Jan 23j Again today the Senates session was devoted entirely en-tirely to speeehmnkiner ISIr Turner of Washington concluded his address upon Phinpnino question lie was followed 1 fol-lowed by Mr Ross of Vermont with a thoughtful and carefully prepared speech In which he also discussed the Philippine question in connection with resolutions which he had offered Ills piesentaUon the question y8s given thoughtful attention by his colleagues Mr McEnery of Louisiana delivered the concludinp speech of the session on the race question In the South lie took strong grounds In support of the Constitution of Louisiana and of the proposed amendment of the Constitution Constitu-tion of North Carolinawhich it is i alleged al-leged will disfranchise a lurgu class of voters QUAY CASE P1UOS13NTED At tho oponlnx of the session Mr Turley of Tennensoo reported from the Committee on Privileges and Klecllons a resolution on the case of Senator Quay Tho resolution follows That the Hon Matthew S Quay Js not entitled l to lake his seat in this body ar u Senator from the Slate of Pennsylvania That resolution was the judgment of a majority of the committee Mr Tur Icy called attention lo the resolution of the minority of ihe committee which was to the effect thai Mr Quay was entItled to a seat In the Senate Both resolution were accompanied by a report re-port In their support The majority report re-port opposing the seating of Mr Quay was signed by Senators Caffery Petlus Turley Harris and Burrows the last named the only Republican signing It The minority report bears the signatures signa-tures of Senators Hoar Chandler Prltehard and McComas all Republicans Republi-cans and advocates giving th sent lo Mr Quay MAJORITY REPORT The majority report first reviews the circumstances under whIch Mr Quays appointment was made Including the failure of the Pennsylvania Legislature to elect a Senator It then says After a vacancy In the office of United States Senator occurs or comes to pass If the next Legislature does not fill It It continues to exist It is the same vacancy not a new one Now the State Executive Is given power pow-er to make a temporary appointment Incase In-case of a vacancy not as long as It continues or exists but only unlll the next meeting of the Legislature which is then required to fill the vacancy This clearly means the paramount Intent to have the Legislature choose the Senators Is to prevail and that whenever the Legislature has had the opportunity to fill the vacancy either before or after II occurs Execullve has no power lo appoint AGAINST QUAYS CLAIM And when we take the phrase If vacancies happen by resignation or otherwise during the recessof the Leg islature of any State If we concede that the general word otherwise Is not qualified nor limited by the specific word resignation and that It Includes In-cludes vacancies which are caused by efllux of time and which can be foreseen fore-seen as well as vacancies which are caused by a casualty or the happenings happen-ings of an unexpected event and which cannot be foreseen still It must bo construed and defined with reference refer-ence to the balance of tho phrase so as to give effect to all Its parts and It thus results that the vacancy no mat tor how It js produced must happen take place or begin during a recess oC the Legislature and this of Itself would bo decisive against Mr Quay claim REAL REPRESENTATIVES Continuing the clause of the Constitution Con-stitution affords every facility for always al-ways keeping the Senate filled with Senators who are real representatives of their respective Slates A Senator who IK chosen by 1 the Legislature of his Stale is likely to be the choice of the majority of the citizens of his Slate A Senator who Is appointed by an Executive Is frequently only the personal or political friend of the Executive Ex-ecutive TEMPOUARY APPOINTMENTS The LegIslature as we construe the clause chooses the Senator In the first Instance If he declines to serve or dies before he is inducted Into oC fice or If after qualifying he dies resigns re-signs or Is expelled the Executive may make a temporary appointment until 1 the Legislature meets again or 1C owing ow-ing to changes In State Constitutions thc Legislature which la authorized to fill the term at Its commencement cannot can-not meet until after the term commenced com-menced the Executive can also make a temporary appointment Every conilngency is thus provided for except tht solo contingency that the Legislature will fall to perform its sworn duly Against a contingency of this kind the framers of the Constitution Constitu-tion did not Intend to provide WHAT CONCLUSIONS ARE After discussing at length the clri cumstances under which the Conslitu tlon was framed the majority announces an-nounces Its conclusions as follows Wo think that the framers of the Con suiuuon never contemplated nor Intended In-tended to provide tor a case where a Statp by Its own dellberatcct should deprive Its Legislature of the power to fill nn entire term at Its beginning in our opinion they never Inlendod to give the Executive of a Stale the power lo nil an entire term by original appointment appoint-ment unlesB possibly In a case where the Legislature had chosen und the person per-son elected had refused to accept or died before qualification In other words we conclude that the power of appointment wax not to be exercised unless the vacancy occurred In the recess re-cess of the Legislature and was occasioned oc-casioned by sqmc casualty like death or resignation QUOTES PRECEDENTS The report then qotes numerous precedents beginning with that of Konscy Johns of Delaware in 1S94 and closing with the case of Henry w Coy belt of Oregon In 1898 It then ends as follows The statement oC these cases and precedents ahowa that from the beginning begin-ning of the Government to the present time the Senate has never recognized the right of a State Executive lo make a temporary appointment where the vacancy happened or occurred during a session of the Legislature It shows further that for seventyfive years the Senate has refused to recognize the right of a StJite Executive to make a temporary appointment even where 1 the vacancy happened or occurred during dur-ing areces s of the Legislature If the Legislature either before or after It oc IIllIl curred and prior to the date of the ap pninlmenl had had uii oifportunlty lo fll lit NO POWER TO APPOINT I ill h o fundamental principle l thus established is that if the Legislature cUno before or after the happening of a vacancy has had an opportunity to fill It then there is no power In the Stale Executive lo appoint The result Js fatal to the claims of Mr Quay No danger or evil has resultcdW the Government Gov-ernment from theenforcement of this I principle Ire I-re I heriforisubmit that lie Senate Sen-ate for Ha own honor uid dignity should stand IVy T 5 prcvlous solemn anddeliberatedecisions WHATMINORITY SAYS The minority report takes the opposite oppo-site view Qubting section 3 3 article I of the Constitution the minority says that the failure of the Governor to call the Legislature together to elect a Senator Sen-ator does not act to deprive the Governor Gov-ernor of the power of appointment Referring to the constitutional provision pro-vision the question Is asked Docs the language of the Constilu lIon of the United States mean Just what the Constitution of the commonwealth common-wealth of Pennsylvania sayn In case of a vacancy In the office of United Stales Senator in a recess between sessions or does It mean that the vacancy va-cancy must be one which conies by chance so that It does not npply at all to the case of a vacancy at the beginning begin-ning of a term which does not come by chance but is foreseen and Inevitable Inevi-table QUESTION ANSWERED Jlhis question Is answered as folluwBt If the words have the formoi meaning mean-ing then all distinctions between eases whero a Legislature has been In session ses-sion and hose where LegIslature has not been Insession between Vacancies at the 1CgInullflg of a term itntl va eancios beginning otter the lei m itself has begun and the offices for that I term once filled are without Importance We think that the former Is the true meaning of the Constitution Ve think that it was the intent of the Consll lution to provide as far as possible that every Stale should have iwo Sen alors alorsINTENT OF CONSTITUTION First The constltulional convention hesitated between conferring the power of appointing Senators upon the Executive Ex-ecutive and the Legislature in the Stnle In the I beginning Like I the Legislature Leg-islature the Executive of th Slate was jnippossd to represent the I will of the people Under the Constitution then existing he appointed all State officers and appointed Judges who held their citllcta fui life For there is un reason I to I suppose that they I considered the I Executive an unfit instrument for such J appointment And they settled the question by giving the power of per I manent appointment to the Legislature and of temporary appointment to the Executive NO DISTINCTION IN VACANCY Second We can conceive no reason likely lo have influenced the framers of the Constitution for making a distinction dis-tinction between cases of vacancy occurring oc-curring in one wayor at one time and vacancies occurring in any other way or nt any other other time The offices of Senator may be at any time of infinite In-finite Importance to the Interests of a j State Upon a single vote may often depend and sometimes has depepended the falo of measures which would would bring prosperity or misery Into every workshop and almost every family fam-ily In Pennsylvania We do not believe thai when the Constitution was enacted en-acted It would have occurred to anybody any-body that if a Senator died ithln a week of the adjournment of the Legislature Legis-lature or at a time when there were three parties in the Legislature who could not agree or at a time when the two houses who formerly made un election elec-tion by concurrent vole were of ways thinking In politics so different that they could not be reconciled that the State must remain unrepresenled unlll a new Legislature should be chosen SENATE SHOULD BE FULL They meant as we believe that for the Interest of the State and the Inter ot ot the whole country the Senate should always be full so far as they could de Ise a constitutional mechanism mechan-ism to accomplish that purpose They say further that The language l ot the very clause In question cannot be construed con-strued as the opponents of Mr Quay would construe It or In any other way than the undersigned construe it without with-out destroying Its own purpose If there be no power In the Executive of Pennsylvania to appoint a successor to Mr Quay under this clause of the Constitution there Is no power in the Legislature to choose such successor until the end of the term and In every case where a Senator dies or resigns whero the Legislature is not session or where after such death pr resignation resigna-tion the Legislature has met and adjourned ad-journed without a choice or wheie ever at the beginning of a term the vacancy remains unfilled It must remain re-main infilled until the end of the six years according to the logic of the majority ma-jority of the committee STATE IS AT FAULT On another point the minority says It Is said that If the Legislature has been In Htsslon after a vacancy and bus failed to fill It the State Is In fault that the Legislature has neglected Its duty and so It Is not unjust that the State should suffer There are two answers an-swers lo this argument First that It Is for the Interest of the whole people that every State should be fully represented repre-sented and second that there la no fault to be Imputed the Legislature of a State or to the people where a majority vote Is required if there bo a failure to elect Will anybody claim that the case of a failure to elect a President for want of a constitutional majority a casfc provlded for by conferring con-ferring a power upon the House ol Representatives voting by States ia the case of fault or negligence on the part of the people VARIOUS BASES CITED The minority then give considerable attention to the various cases and conclude con-clude ns follows The case of Allen of Washington was dccldefl l with the JLeo Mantle case and wlljioUt argument argu-ment a decision to which Mr Bock wlth of Wyoming submitted without further contest At that line there was an earnest division In the Senate on an Important question relating to the currency which created for the time being more earnest differences of opinion that thorfe existing between two great political parlies on ojhor questions It was a tlm not favorable to a dispassionate nonpurU uii Judgment Judg-ment We prefer Ihe authority of the Now Hampshire case which was acted on also In the case of Mr Pasco of Florida and we ihlnk that a decision which must inevitably deprive Staten In the Union for long periods of time of their rightful representation under the Constitution vH not lie permitted long lo aland and lhat nosetiloment of Ihe question In derogation of the rights of the Stales und a8 wo conceive con-ceive invlolalion of lip JntunL of the Cramers of the CoiYMUutiOiu Should Joe acquiesced In i i CQPYRIGHlACT Mr Kyle of South Dakota offered and secured the adoption of a resolxulon directing di-recting the Commissioner of Labor to Investigate the effect upon labor pro duction and wages of the International copyright act and report to the Senate DESIRES TO SEE REPORT Mr Peltlgrew of South Dakota of Cored a resolution calling upon the President to send to the Semite the report re-port of Gen 7 C Bate relallng the treaty with the Sultan of Solo Thp resolution askpd the fcilarles to bo paid the Sultan and hid omcljiH from what fund they are to be paid what aorvloos the officials performed and whether these olllcers are under the civil advice Objection was made and theresolution went over CAFFEUYSEEICS LIGHT Mr Oaffery then presented throe resolutions colling upon the1 President for correspondence with Great Britain concerning the ClaytonBulwor treaty the correspondence with the Colombian Government as lo the Panama canal and the correspondence with the new Panama rxnal company of France The resolutions were adopted ALLEN RESOLUTION ADOPTED The resolution offered yesterday by Mr Allen of Nebraska calling upon the Secretary of the Treasury for correspondence corre-spondence and the subslnnce of all verbal ver-bal communications which ho has had with officials of the National City bank of New York concerning the transfer of the old customhouse lo the National CIty bank was adopted Mr Turner of Washington concluded bin speech on the PhlUppI question begun vosterday and then Mr Ross of Vermont addressed the Senate on the Philippine quesllon MENIDRY IS HEARD After some routine business Senator McEnery addressed the Senate While Mr McEnery was speaking ho was interrupted In-terrupted by l Mr Butler of North Carolina Caro-lina who Inquired whether Mr Mc JCnery when the amendment lo the Louisiana CJojistitutlon similar to tint now pending In North Carolina was under consideration If i he did not pronounced pro-nounced It unconstitutional Mr MeEncry replied thai he had pronounced pro-nounced It unconstitutional but Inasmuch Inas-much as It was adopted he had said that he would support It In the Senate Hu felt It his duty to his constituent to do so and he would always be found supporting the laws and Constitution of bolh his state and his country STANDS BY THE FLAG Refenlng to the Filipino insurrection In this connection he said I dont stop to Inquire who fired the first shot which precipitated hostilities It Is l enough for me to know that my Government Gov-ernment has been assailed and I will uphold its hands until Us enemies arc brought into subjection Mr Butler then read conies of loiters written by Mr McEnery in which he declared the amendment to the Louisiana Louisi-ana Constitution was grossly unconstitutional uncon-stitutional and that it was so re gardcd by the ablest constitutional lawyers law-yers In the Senate TILLMAN SEEKS INFORMATION When Mr McEnery had concluded Mr Tlllman of South Carolina called up a bill to revive and amend an act to provide for the collection of abandoned property and the prevention of frauds in Insurrectionary districts within the United States Mr Tlllman asked Mr Davis to make an explanation of the measure Mr Davis said the claims were not only Just but It was the bounden duty of Congress to provide for their payment pay-ment OLD COTTON CLAIMS In answer to an Inquiry fjom Mr Hile Mr Davis replied that the claims covered captured and abandoned cotton cot-ton Mr Hale said Why that will amount to 90000000 or 100000000 MR DAVIS DISSENTS To this Mr Davis dissented saying that under court decisions the claims for captured and abandoned cotton would aggregate about 000000 This money was In the treasury and had been held by the United Stales for twenty years for those to whom the courts had adjudged It to belong Mr Davis said the payment of the claims was as clear an act of justice as ever was presented The bill Is not saId he a sluiceway for the payment of all the claims which have been referred re-ferred to by Mr Hale The bill was objected to and It went over Then at 1I5 p m the Senate went Into executive session and at 530 adjourned |