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5546
The result was announced - yeas 10, nays 35; as follows:
So the Senate refused to postpone the bill indefinitely.
The PRESIDENT pro tempore. The question recurs,Shall the 
bill be read a third time?
Mr. MASON. Mr. President, I desire to offer a few remarks in 
regard to the pending bill.  The original bill as it was introduced 
provided:
That appointments to civil offices in Alaska, in Hawaii, in Guam, in Cuba, 
in Porto Rico, and in the Philippine Islands shall be made irrespective of 
the political affiliations of the appointees and in such manner as to represent 
the entire country and to give to each political party, as nearly as practica- 
ble, its proportionate share thereof.
Section 2 provided:
That such appointees shall not be removed from office except for incompe- 
tency, misconduct, inefficiency, or neglect of duty. Before removal the 
charges shall be made in writing and a copy thereof furnished to the accused, 
who shall be ordered to make answer thereto in writing, under oath, within 
a reasonable time, named in the order for answer.
Section 3 provided:
That if the accused shall fail to make answer within the time named the 
charges shall be taken as confessed. If the answer shall deny the charges, 
the President may refer the ascertainment of the truth of the charges to any 
impartial person, who shall, in the vicinity of the place where the office is 
located, hear the testimony and report the facts found thereon to the Presi- 
dent.
This bill was introduced and referred to the committee in Jan- 
uary of this year, and of course we all had constructive notice, at 
least, as to what the bill provided. We may not, of course many 
of us did not, have actual notice, but we certainly had construct- 
ive notice; and now, for the first time, the Senate's attention is 
called to the fact that all the three sections of the bill are stricken 
out; the author is heard in support of his bill as amended, and by 
some management which is not in keeping with the facts of the 
case, us I understood it, for I was in the Senate Chamber, we are 
forced to a vote upon this bill without discussion and without an 
opportunity of weighing its good or bad qualities. Yes, as the 
Senator from Pennsylvania suggests to me, it may be unconstitu- 
tional, and some of us constitutional lawyers have not had an 
opportunity to discover wherein it is or is not constitutional.
I wish, before I proceed to a discussion of the merits of this 
case, to call attention to the marked difference between legislation 
if it is introduced by one of our brother Senators or if it is intro- 
duced by some other brother Senator, not necessarily showing any 
special influence or advantage that any distinguished Senator may 
have over some experienced brother upon this floor, but to show 
how eager we are to take up and discuss in brief moments those


things which seem to be satisfactory or will give us an oppor- 
tunity to say to the world that we are in favor of civil service, for 
I propose to show before I sit down that there is no civil service 
here. It is a division of the spoils, and yon gentlemen who have 
been preaching civil service, which is one of the living hypocrisies 
of the age, abandon your high plane of civil service and say, "No 
more examinations for fitness, but let us agree, boys, that which- 
every one of us wins we will divide the plums regardless of the 
man's ability, fitness, education, or training for the situation."
Mr. GALLINGER.   And do it geographically.
Mr. MASON. Yes, and do it geographically. Now, I do not 
know whether or not our distinguished appointee in Cuba, Mr. 
Neely, was examined and gave the distance from the earth to the 
moon. One distinguished gentleman who was examined out West 
by the Civil Service Commission was asked how many Hessians 
came over to fight the Americans, and his answer was that a great 
many more came over than went back. [Laughter.]  I think he 
received 90 per cent for the answer that he gave to that important 
question, when he was being examined to determine whether or 
not he could throw a letter into the Chicago box that was addressed 
to St. Louis. [Laughter.]
But, as I said before, I want to show the difference in treat- 
ment that this revolutionary bill has received and that which 
was received by the resolution I introduced, expressing sympa- 
thy for the struggling Boers. I introduced the resolution long 
before the appearance of Santa Clans last Christmas, long before 
you gentlemen went home or stayed in Washington to celebrate 
your Christmas holidays. I had supposed, by reason of the prec- 
edents established from the days of Monroe down to the days of 
Grover Cleveland, and the present Administration, too, that when 
I introduced a part of the Republican platform, which we adopted 
at St. Louis and which was adopted at the polls, from the begin- 
ning of the roll call, from the distinguished Senator from Rhode 
Island [Mr. ALDRICH] , who answers first, down to my younger 
and less experienced friend who answers last, every man in the 
Senate would pray for 'a moment when he could express his sym- 
pathy for the struggling Republic in South Africa.
I introduced that resolution. I had not the good fortune the 
distinguished Senator has who presented this of being able to re- 
port my own resolution. On the 6th day of December, as I re- 
member, I sent it adrift into the cave of doom and despondency, 
into the very valley of the shadow of death, presided over by the 
distinguished Senator from Minnesota [Mr. DAVIS] whom I now 
address.
Mr. President, I am sorry to address the Senate when there are 
so few present to hear these remarks of wisdom that fall from my 
lips so easily.
Mr. WELLINGTON. Would it not be well to have a quorum 
present? I raise the question of the presence of a quorum.
Mr. MASON.   I am obliged to the Senator from Maryland.
The PRESIDING OFFICER (Mr. KEAN in the chair). The 
Senator from Maryland suggests the absence of a quorum. The 
Secretary will call the roll.
The Secretary called the roll; and the following Senators an- 
swered to their names:
 
The PRESIDING OFFICER. Thirty-eight Senators have an- 
swered to their names. A quorum is not present.
Mr. PETTIGREW.   I move that the Senate adjourn.
The motion was agreed to; and (at 4 o'clock and 23 minutes 
p. m.) the Senate adjourned until to-morrow, Wednesday, May 
16, 1900, at 12 o'clock m.

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