The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-01-19
THE 1ouIs1tvA sEvAroRsHIP.
The sianihce nee OF Mr.. Eustis's Election, and
the CnnrnNernX 10 lirOM Out Of u.

Il
| the Controversy to Grow Out Off
New ORLEANS Jan. 13.-In the election
here yesterday by portion Of tho Legislature
| now in session for a United States Senator,
choosing James B Elstis, the Republican mem
bcts, with three exceptions, took no pa {, hold
ing that no vacancy existed. The seat to which
Mr.. Eustis will prefer a claim Is now actually, II
not legally, vacant by reason OF the failure OF
the Senate to admit Mr.. PinchbacK, who claims
II under an election held in January, 1873, and
the certificate thereto Of W. =. Kellogg az Gov
ernor Of the state. Whether Mr.. Eustis shall DO
admitted will to some extent depend upon the
character Of his credentials. It Is not likely
that he can obtain from Gov. Kellogg the Gre
dentials required by the statutes Of the United
States. 1t Is understood that Gov. Kellogg does
not recognize the election as valid. The act of
Congress Of July 2j, 1895, provides as follows;
Sec g That whenever on the meeting OF the Legls o.
ture Of State vacancy shall exist IN tho
tauon Of such state m Senate United sates.
. ID Legislature shall proceed, the second Tuesday
sitter ne commemorate ard ORGANIZATION Of II. ses.
ner herein before PROVIDED for the election OF Senator
sec 3 That !. .hal be the duty Of the Governor of
the set" rrn which nv Senator sha nave necn chos
the State &C.
Thus an election by portion Of a State Legis-
lature IS not in accordance with law. and the
Senate Of the United States can only know Of an
election to seat in that body, and act
upon the admission OF a person claiming
a seat there, when he presents certificate
of his election signed by tho Governor of the
State. There Is said 10 he precedent for tho
Senate seating an applicant upon other ere ien-
tials say upon copy OF the Journals OF the
state Legislature, signed and certified by the
officers thereof; but II there bo such prcce-
dent, IL does not apply To the case in hand. be-
cause the elect IN mere W "a only by a part of
each house. The Senate. at the very moment Of
the election on eoipG In the chamber OF the Rep
resentatlves, was IN session In the Senate cham
Der, and refused to take part. Only twelve Sen-
atots ont of thirty-stx went to the House.
In politics, iii. Eustis Is Democrat He has
never been known as anything else. He is ma
tive Of this city, nd son OF a Chief Justice
Of the supreme Court 81 Louisiana, who was
native OF Massachusetts,. Senator Edstis was
EDUCATED ia the latter state, aud Is a graduate
OF Harvard. lie occupies Mae IN the front
rank Of the younger members OF the bar. Dung
the war ne served on the stan OF Gen. J Oseph
r. Johnston. and -ince the surrender has de-
votcu hlmsch 70 MS profession, and, IN quiet
way. TO the guidance OF his party. He enjoys
the confidence 81 all 81 s.es ~ the cd mmuntr.
II he mas a fault as a public man. It 4 be itancv
in action. with him cautiousness l. - excess.
What he Lacks IN experience, his sounu Jucg-
iBent may supply.
This movement 81 the Democratic members
OF the LEGISLATURE has a significance. Mr.. Lustis,
being stale Senator was one % the PRINCIPAL
movers on the Democrttic SIDE in the arcent-
ance OF what Is known a. the Wheeler adjust
ment. IL may be said that hc was the leader,
for lie was more severely denounced in that
matter by the Mari Me Emery wing Of his party
than perhaps any other member His selection
rs United States senator ny the unanimous vote
Of the Democratic members Of both Houses IL
considered Niudicaiion Of his course with re-
gard to the W hccler adjustment, ana a Tebuke
Of those of his y. ry outside the Legislature who
O. posed us ncceptancc. IL WAS only inc otncr
day that the De muCrlts Of Louisiana held con-
ventiou for the control Uf viii h there was
a struggle on the part OF the udiusters and
anti-auj usters. tue latter being victorious. The
proceedings Of TINS Convention showed that
the raioritv stili regarded John McEnerv as the
legal Governor OF Louisiana and Kellogg a. "A
usurper, and that this mai riiy refused TO recog-
nize the wheeler adj dstment a. having settled
Governor,or that adjustment IA havinyltouched
the questions growing out Of the election #
"IOuisiana case The Convcntion menoriaizeu
the President end ConGress setting forth tue
grievances under waich the peoule Of Louisiana
laoored by reason OF tue usurp.tion of Kellogg.
II protested that the people had never Gn1
would never willingly acqulesce IN IL; that they
had merely submitted TO brute force. Drought
against them oy the Federal Government. Yet
within very few DAYS the Democratic parry,
composed OF the very men who sat in and
controlled the ConvcntiOI, elect as Senator
a gentleman VINO was n mem er II the Conven-
tiun. but who was not only not In symIathy
Win the ultra me tiers, but who WAS, II not tue
author. certainly one OF the authors Of the
wheeler adjustment which recognized tue
Government OF Kellogg. and stipulated that he
should not be Disturbed. Tue selection OF Mr.
Eusts II at iimph Tor aim and the Consc rVa-
tive wing OF the party, and Niudicates Their
ton In acceptng the Wheeler adjustment as a
final settlement Of the dispute Concerning the
possession Of the state Government. OF course
O. G Wheeler COmWi tee would not have en-
tered into negot tions for adjustment OF the
differences ana complications touchinx tue
competition Il our state LEGISLATURE. bad it
been supposed hy them the contention as to
Kellogg and NcEnerf WIS 10 ne renewed. such
IL the better oflnion to-day.
The expet tatiun OF tho Republicans now Ia
that Pnchback viii be seated at Washington.
or That the senate viii defer action, on his claim
until the Legislature Of Louisiana has djourn-
ed. ihcir Sc ION l'sts sixty GAYS from the drst
Monde y in January. TINS will enable Kellogg
60 appoint senator In the event Of Mr.. Pinch
bnCk rejection. should this scheme IL per-
fected, the sui position Is thIt Kellogg Will ap-
point Grant an. prOhativ Collector Casey
perhaps Col. GeCTsc William son, Minister o. the
Central Aweric IN states. Kellogg and Wiihani-
- n LaNe always neen friendly since the former
occupied seat In the UHtcd states Sen9e.
The commission of Gov. McEncry In favor Of X.
II. Mari - United states SenatOr In place OF ".
i. NcMi'leu, elected hv the fusion Legislature Of
lS12, ~ thus SUPERSEDED by tie election Of sem
atol Edsti,, II the latter shall be bsld u have
been legally accomplish J.
The contest VIII now g between + sits and
Piuchback. II the latter should resign before
our Legislature aijourus: kellogg's apuoint-
eenatorshp is thas reduced TO question Of
dollars md cents, for there can be no doubt If
Puchuack were to he seated, he would re-
ceiye some $4,000 Of bat X ray, ana he is not
tue inon to tLIow that sum away. lie viii col
lect 1t from one party or the other, If h,s char
acter Is understood.
Ire readers will understand from the f0reco-
inc that one branch al the Louislsnt :, Iate Is
controlled by Republicans, while the lower
House Is controlled by the Denucr.ts Tine
Democratic majoHty in the later House il Is.
The Republican majority in the Senate Is also Is.