Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-28

hasty consideration Of the facts In evidence, with
Out any Investigation Of the papers.
MI Moore declared that Mr.. Clarke had read
the report, all Of II he had read It alone, with.
out interruption. He had also read the papers
which were before the committee He had then
requested that he might be permitted to take
fused, believing that II was not bis duty to do
Mr. smith, would like to have the two re-
ports read again.
Mr.. Houston, (explosively)-No we have had
reading enough. Let the reports be printed, to-
gether with the accompanying papers in evidence
and give all the members chance to avail them
selves of the publication to become acquainted
WIN the matter and make the further action OF
the Board upon the matter the special order fol
next Monday night. He did not see the necessity
for taking immediate action.
Mr.. Smith called the gentleman to order.
out in calling You have been talking away for
an hour, and have not said anything The report
had been received; | want it published for my
own information.
Mr. Miller agreed with the Alderman on his
motion to print the reports and papers in the case
and hoped it would be done and its consideration
made the special order for next Wednesday.
Cries Of " No! make it the order for Monday
next
Mr.. Evans hoped it would be ordered to be
printed; he wished to examine it before taking
any further action in the matter; he thought the
statements contained in the report could not bear
the Board out in ousting Mr.. Emery from his
seat. He gave notice that he wished to discuss
the subject next Monday night, when he would
take occasion to say some strong words in relation
TO the subject of the late election
Mr.. Dove said he was willing for its adoption
without any further debate on the matter. The
opinions of the Corporation Attorney were to him
sufficient guarantee of the right of Mr.. God
dard to seat over Mr.. Emery. who was proven
to have been illegally elected. The Corporation
Attorney had said, in his written opinion that
all votes should be received and counted where
the voter made affidavit that he was driven from
the polls, and that had he been permitted to re-
main and deposite the same, he should have Civ
en- ii to Mr.. Goddard; that opinion was sufficient
for him, and he did not see why the resolution
declaring Mr.. Goddard elected to seat as MEM
Der of the Board should not al once be acted
upon.
Mr.. Emery said that large number Of his
friends had declared to him that had they not
been deferred from going to the polls in ConSe-
quence of their occupation by the marines, they
would have gone there and vo ed for him; that il
they had been permitted to vote, his ma ioritv
over the affdavits of the twenty-seven men would
have been certain.
Mr.. Riggs asked the gentleman if those friends
were there, and driven away by the mob, like
those represented by the atdavits before the COM
mittee,
Mr. Emery said that part of them had gone part
of the way, and that on hearing the firing of the
marines they had turned and gone back to their
homes.
MI Houston hoped the Board would not dis
cuSS the matter further, but would come 10 d vote
on the resolutions IL Mr.. Emery had received
votes enough TO entitle him to- seat in the Board
he would stay there; if not, he did not want him
there He should not vote for any man to occupy
seat in the Board who was not entitled to it; he
hoped the Board would vote on the naked ques-
ton at once.
Mr.. Barry hoped action would be Immediately
taken on the report he was opposed to postpone
ment.
Mr.. Smith desired to see some of the atfdavits,
and also to hear the chairman of the committee,
and the opinion of the Corporation Attorney; he
would like to hear all the testimony which had
been taken, read.
Mr.. Moore read several of the papers in refer
ence to the matter. He read the affidavit of Mi
driven from the polls several times during the
day, and that he was in great danger of being
beaten and otherwise mdltredted, and was forced
to retire from the polls.
Mr.. Smith wanted TO know if the gentleman
knew Mr.. O'Connor; lie had never heard of him
before.
Mr.. Moore did not know him. but he knew sew
eral of the persons, and they We're men of some
character in the city
Mr.. Smith. But do you know Mr.. O'Connor;
Is he responsible man d man of straw?
Mr.. Riggs said that he knew many of the men
whose names appeared on the aftdavits, and they
were gentlemen of responsibility and character
as much 80 AZ the gentleman himself.
Mr.. Smith did not doubt that; but at the same
time, if he did not know Mr. Riggs, and had never
seen him, and any one should ask him if he was
say yes. He wanted to know a man before certi-
flying to his character. He had no doubt that
some of the men were as respectable as any MEM
Der of the Board of Alderman.
Mr.. Miller moved to divide the question. and
take vote on the motion TO postpone first, and
then on the motion to print. He was in favor of
immediate action.
The vote was accordingly taken, and the motion
papers the special order for next Monday evening,
was lost.
On the question being taken on the motion to
print all the papers in relation TO the inveStiga-
ton it was carried.
Mr.. Riggs remarked that he did not consider
that MI. Emery had right TO vote on a question
in which he was personally interested, and quo
ted from the 9th rule, showing ''that it shall be
the duty of members to vote on all questions, I'M
less where they personally interested or when
they shall be excused from voting by unanimous
consent Of the Board - under that rule lie did
not think il at all proper for the gentleman to vote
The Chair decided that Mr.. Emery could not
vote; that he was clearly interested in the matter
then pending.
Mr.. Smith appealed from the decision of the
chair, and went on at some length 10 demonstrate
hat Mr.. Emery was not personally Interested;
hat he was acting for his constituents.
Mr.. Houston sustained Mr. Smith in his
marks, saving that the chair itself had voted
Gently on Il measure wherein he was personally
Interested; he alluded to the late election of Mr..
H. to the presidency of the Board; the chair had
voted four several times Oh his own election To
vote of his Ward this was similar case aud
Mr. Emery was giving the voice of his conStitu-
rnts, and not voting when his personal interest
was at stake; he was not voting for Nj. Emery,
but for his Ward.
Mr. Emery said he had no personal interest in
The matter; that il he had consulted his interest
he should never have consented to be member
Of the Board, that he would like to have the vote
taken on the question of his right to vote at once
Mr.. Riggs read from Jefterson's Manual show
ln2 that in this case, Mr.. Emery was clearly ill.,
terested i'll the matter pending, and that regard
for decency should dictate TO every man situa-
ted to abstain voting.
Mr.. Emery Contended that he was not acting
for himself, but for the people who sent him
there, and that he should continue so To act to the
fullest extent Of his power and ability.
Mr.. Smith agued that the rule quoted by Mr.
Riggs was not applicable TO this q uestion.
Mr.. Moore asked for the question.
Mr.. Smith, (persuasively0 Sit down. Does the
gentleman constitute himself Judge of the nr,-
lives of Mr.. Emery Does he not see clearly that
he Is not voting on personal interest but simply
giving the vote Of his Ward
MI Moore wanted TO know where there was d
;ase on record of member of Congress voting on
his own expulsion from that body
The question of the appeal from the decision of
he Chair was then taken, and the Chair was rus