New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-01
A. I Z M. Il z u, z HdII IIIdE-l
L. A. SN AEk,
CHARLES MONTALAO,
+. MARIE, o
j. w. ARMSTEAD,
NELSON KENYON.


f. MARIE,
j. w. ARMSTEAD,
NELSON KENYON.
one minority report is as follows.
CJeAITTEE oS ELEcTIn1s ASD QuALIPICATioSs.!
january 29 1873. :
20 tho Honorable Speaker aud Members of the
House of Reprcscn IatlVcS:
Nour committee to whom was referred
the contested election case of Z. Jones
Yorle VS. George C.. Benham for a seat in
this House from the parish of Carroll, nave
riven the matter much careful cOnsidera-
ton, and have listened to very able d gu
ments from the learned counsel employed by
both of the gentlemen, ami have not been
able to agree as d whole upon " hat course to
recommend in the disposition OF Sne case.
The merits of the case have not been gone
into bV the committee az yet, the point
argued upon aud considered by the com
luittce being whether the contestant had
conorned to the forms Of law III all par.
ticulars, and consequently whether he had
legal right to appear before the House or
this committee as contestant. To
this Mr.. YoIke. through his counsel,
AYERS that il was impossible from the IA.
ture Of political affairs at the ti1Se
20 know who was or who was not elected
until the proclamation by the legal return
luz board presided over by Hon. John
Lynch. which was made CA the seventh Of
| assembling of the Legislature. He : Us,
upon oath that he, Yolke, did send writ
ten notice OF his i'll reutinn to contest, signed
by two subscribing witnesses, by mail, TO
Mr.. Benham, on the twenty ninth day of
November; that he was called to this city
by tue proclamation of the Governor call
ing an extra session of the Legislature on
the ninth Of December, surprising himself
| to be elected q mem her OF sad body, and
| that only after reaching here did he then
learn for the first time that the present sit
ting member was returned by the returning
! board. He at once memorable d the House
i for the purpose of having his case referred
! to the Election Committee, aud the com
| mittee did take action upon the cast, and
made Il rtporS to the House, which was not
rec, iVed, and the " hole case was re-rCforrt d
| to the committee with Instructions 20
! take testimony and have the same printed
| and reported upon To the House at some
| subsequent time. TO this Dir Benham
| svtar5 that he never has received any no
| uce OF contest from Mr. IUrke, and excerpts
to any proceedings III the case for the rea-
! son that the law requires that notice shall
/ he given by the contestant within thirty
! days, Which he claims WAC never done. He
! bases his whole exception upon section l43l
! OF the Revised Statutes, and claims tGat
| the House or the committee have no power
! to entertain any contest where these COudi-
|
Your committee listened for two days to
| arguments pro and con upon the above
| points, aud tho undersigned be- leave to
submit the folio viii report:
| 1hat they are Of the opinion that owing
to The disturbed state OF public affairs i'm
| mcdateiy following the clyceo on, aud to the
I uncertainty as to no constituted the legal
| returning board until after th9 odepi-
! sigR of Judge Dureu which was not
| made in time to notify persons declared tn
! be elected, within the thirty DAYS specified
| by law; that, III fact. there was 10 means
/ OF knowing who would be declared elected
| from any parish until the proclamation OF
| the :, farming board, presided over by Hon.
| John Il nch, which was made on December
! I, and the undersigned submit that - to
; that time no person could, With certainty,
| serve notice of contest ul0u anyone Bat
| mr.. ofke states, under oath, that he did
send to Mr.. Benhan q, notice of probable
| contest as early as November 90, by mail,
The only way of sending such notice, as he
was III TINS CITY Tor the purp0'e of taking
| tbs seat IN the House, called to meet in
| extra session on the ninth OF December.
| The tact OF his sending such notice may or
| may not be sufficient to show; the law does
not say how the notice IS to be served,
whether III person or otherwise
IhcretOre, the premises considered, the
| undersigned, members Of the committee,
=
| in this case, nor of deharring Mr.. Y0rke OF
his Hght Of contest. and to produce evil
| sirnce.
We therefore recommend that the House
shall order the committee to lgoceed to
take testimony, and try the case on It's
merits.
AL of which is respectfully submitted
CHARLES w. HEATING
MT. TurPaud, of st. James, moved the
/ adoption of the majority report.
Mr., Mathews, of Tensas, in the Chair
Mr.. Stewart, of Tensas, smoved the
! adoption Of tie minority report
Mr.. Tureaud, Of st. James, moved to lay
the motion on the table, on WHICH The yeas
and nays were demanded by Messrs Gair,
of East scliciana, anG Thread, of ST.
James, resulting as follows:
l Ieas-Ar,3sread. Antoine. Bowman, Dry.
J ant, Boyd, Blackstone, Bnatner, Barrow,
! Carey, Co%aanghton, Cousin. Demas, De
: vein, Il. Ike DAVIS, Dcjnie, Dumont, Ddvries,
| CAN'T GuSehard, Hetfner. Hubeau, ii lhiI.
| Heath, R.dgcpath, NJ. Jones, K;rkmas.
| Kenyon, KEN, Landry. Nave. Martinez,
Nur9cu iLatou'cheL, Mari", MoutaldO,
Peyton, Raby, Eoenon, Rod9 -urs. Sas,yor
| Sdrta'ne Snaer SnttoG, SrWcI Thomas TU-
IeauI, Iltiaus, Wilson. Worthy. Washing.
i@i., HlI-to, Ward. MlndS-j2.
! :. Nay 8 'e@ecs, Elliot, Gdir. Hill, Kcat,lg,
htFE"'i tAddl'oal, Mathews, Stewart.
The motion 10 table was Carried.
ISe motion to adopt tbs majority report
recurring, the yeas ami nays wee, demand.
Ell by Ac3srs. Stewart, of Tonsas, ans Do
mds' OF St. John the Baptist, sesui4i.g o,
| follows:
! feas-Armstead. Antoine. BoWmaR. Srs'