The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-01-26

OBSERVATION-DISCLOSURES DAY.
MoNpAY. January p. SO.

.eaI sections l, ,, 3, 4, and OF the judicial
printing Act, approved April ), 1874 car
iaJ and the bill was taken up. House
mendment-Proyided, Nothing in the act
hall invalidate publications already ordered
y commenced. The Senate concurred IN
he amendment
UNFINISHED BUSINESS.
The bill to regulate the public printing
md to prescribe the duties and pay of the
Public Printer:
Mr.. Barrv's substitute for section ?, offer
"A saturday, providing for the publication +
IF 900, copies, at $40 per page lor al
pages, in one copy
Mr.. Allen moved to strike out LOCO and I
Mr.. REYNOLDS called the previous question,
and the amendment was adopted, and the |
substitute was adopted as amended, by the
YEAs.sMessrs. Allen, Albright, Barry, |
Carchings, Fewell, Mcclure, Mcneil, Men
denhall Morgan, Pratt, Shirley, Sims,
Smith, Stewart, Stone, Taylor, Terry
-" Navs.--Messrs FITZGERALD, Foote, Fur
long. Hooker, Johnston, McCaskill, Nets,
Thompson, Tuttle.--9.
Absent and not voting-Messrs. Carter
Everett, Graham, Gray, Griffin, Oldham
Mr.. Morgan movedNto strike out 81 70
and insert 81 %.
Mr., Reynolds moved to strike out ''of the
one thousand copies; adopted.
Mr. Mcneil moved TO insert in the distri-
button clause ''two copies to the Library
of Congress-.
By Mr., Furlong: "One copy to each of
the Senators and Representatives in Con-
gresS from this State; adopted. cas- y;
nays s.
Bv Mr. Catchings: One copy TO the
clerks of the Federal Court; adopted.
Mr. Jewell moved TO strike out section 3,
which provided that the reports of State Of
ficers and institutions should no: be pub
lished, except by order of the Legislature;
carried.
Mr.. Jewell moved to amend section 4.
which provided for the payment for adver
tisements, such as proclamations and notices
OF public nature, by State officers, a sixty
cents per square, miniOn type for first in
sertion, and forty cents for each subsequent
insertion, as follows: 81 90 for each one
hundred words, first insertion, and fifty
cents for each subsequent Insertion; lost;
yeas, IL; nays, Il.
Mr.. McCaskill moved TO strike out g sixty
cents and insert seventy five CENTS" and
strike cut forty cents" and insert fifty
cents: tabled.
Mr.. Allen moved to reconsider the motion
tabling Mr.. Fewel's amendment.
Mr.. FurlOng moved TO table the motion.
Carried, and section was adopted.
Mr.. Stone moved to strike out section 6,
which provided against paving for any pub
lie newspapers furnished the Legislature.
Carried by the following vote:
YEAs.-Messrs. Albright, Everett, Few
ell, Foote, FurlOng, Hooker, Mcclure, Me-
Neil, Oldham, Smith, Stewart, 5tone.--.l2.
NAYs.-Mcssrs. Barry. FITZGERALD. John
Ston, McCaskiIl, Mendenh;ll Mett~, Morgan,
REYNOLDS, Shirley, Sims Terry, Thompson.
-l2
There being a tie vote. 1t Gov. Davis
voted yea, and the motion prevailed
Mr.. Stone moved to strike out sections
and and insert the repeating and enacting
section
Mr.. Allen offered the following new sec
ton as section 3: That for the several an
nual reports of State Officers, etc, now re-
quired to be made to the Governor or the
Legislature, the public printer shall be al
lowed, for 800 copies of each of said reports.
81 % per page tor the number of pages in
enc copy OF each report.
Mr.. Smith moved to amend so that double
the compensation shall be allowed for rule
and figure work.
Mr.. Allen moved to table the bill subject
to call carried.
Mr. Stone moved to suspend the rules so
as TO allow the Committee on Elections to
report; carried.
REPORT OF COMMITTEE.
Mr.. Reynolds, chairman reported as fol-
lows:
Mr.. PRESIDENT: The majority of the
Committee Oh Registration and Elections.
to whom was referred for investigation the
matter of the contest between Jas. II. Chal-
mers and NJ. b. Sullivan, each claiming to
have been legally elected State Senator
from the 2Sth District, have instructed me
to make the following report:
The returns show that M. b. Sullivan re-
ceived 1888 votes and Jas. r. Chalmers, S97.
Sullivan holds certificate of election.
Within thirty days after the election. to-
wit: On the goth day of Novem Der, 1873.
Chalmers gave Sullivan notice in writing
that he would contest his claim to a seat i'm
the Senate; which written notice contained
detailed statement of the grounds of con-
& st.
Chalmers proceeded then to take testi-
mony, giving the ten days notice to Sulli-
van which the law requires, and the testi-
mony so taken was placed in the hands of
this committee as soon as the matter OF
contest had been referred to them.
On the 9TH day of January, 1876, written
notification was prepared by this commit
tee, informing both Chalmers and Sullivan
that the matter of contest had been referred
to them. and that the committee would, OH
the 30 Monday in January, 1876 at Jackson
Miss, in the judiciary Committee room of
the Senate, proceed 10 investigate said con-
test, and inviting them to be present at that
time, either In person or by counsel.
This written notification was personally
served upon Sullivan, by the Sheriff Of
Bolivar county, on the 18th day OF
January. 1876, and service of the same
was acknowledged by Chalmers. on
the 9TH day of the same month. At the
time and place appointed, the committee
met and proceeded to investigate the matter.
Chalmers was present and offered some evil
dence IN addition to that already placed in
possession OF the committee. Mr.. Sullivan
was not present, although he was in this
city, but a message from him was delivered
by Chalmers. to the effect that he was I'M
well, and would not be present that dav.
but that he might come up the next day or |
the day thereafter. Therupon the commit |
tee adjourned,to meet again on the following |
W ednesday. at 49, o'clockP. NJ. AT the time |
appointed the committee again assembled. |
Chalmers was present, both in person and |
by counsel. Mr.. Sullivan was not present |
nor was he in any manner represented. The |
waited until 4 o'clock p. NJ. at |
made by Mr.. Sullivan of any sort whatever, |
the committee voted to close the evidence /
and allow Chalmers to proceed with his /
argument. Some time after the argument |
had commenced, Mr.. Sullivan appeared. |
He asked that the matter be laid over until
the following afternoon in order that he
might engage counsel to represent him.
To this request the committee acceded.
and at the time appointed both Chal-
mers ana SULLIVAN We're present In
person and by counsel and the mat
ter was fully argued on both sides.
motion was made by counsel for Mr.. Sulli-
van, to strike out various portions of the
.esttmo ny, for the reason that some of
{ was er pdrte, some hearsay, and some of a
secondary nature. This motion was over
'uled by the committee, Tor the reason that
10 objection was made to it when 1t was of
cred, AID that it was too late, after it had
,een offered and received without objection.
o raise the question as to its admissibility.
The committee believe that in so doing
hey are sustained by the law of evidence,
s recognized and enforced, in all the legal
tribunals of the county.
The grounds of contest stated by Chal-
ners, will be considered separately. The
irst is as follows: because NJ. b. Sullivan !
; foreigner by birth, and not naturalfzed
t the date of the election" Jas. w Owe.
estities that he has known Mr.. Sullivan
bout nineteen years; that he first knew |
i'm in toronto; that Sullivan was then
bout fourteen Years old: that he was one | I
f his attendants when he lDwyer) married |
D Toronto. in July. 1ST3. and Thai he rnnnl- |