The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-01-29
Fort, Fourth Congressional Session.
SENATE.

The military academy and fortification ap-
preparation bills were called up Amendments
reported by the Committee on Appropriations
We're agreed to and the bill then passed without
division.
Bill to create sinking funds for the liquda-
ton of the Indebtedness due government by
the Pacific railroad companies by unanimous
consent was laid aside informally.
Bill to ratify the agreement with the Sioux,
Northern Arapahoes and Cheyenne Indians
was taken up.
A message was received in the Senate at
20 from the House of Representatives an
nounclpg the passage of the bill in relation to
the counting OF the electoral vote by that body.
At II % second message was received an.
nounclng that the Speaker of the House had
signed and enrolled the bill in regard to count
ing the electoral vote. 1t was then Immediate
ly signed by the President pro TEN of the Sem
ate and given to the Committee on Enrolled
Bills to be delivered to the President of the
United States.
Bill reported by the Judiciary Committee
last session IN regard to establishing sinking
fund for the liquidation of the indebtedness
due from the Pacific railroad companies was
taken up at o'clock and read at length, after
which MT Thurman, who has charge OF the
bl]l, yielded for an executive session.
Senate then adjourned until Monday.
HOUSE.
Mr.. Wood presented memorial of the New
York Chamber of Commerce and 1900 bankers
and merchants of New York city asking re
peal of all special taxes on national banks. Re
ferred to the Ways and Means Committee.
Mr.. Knott from the Judiciary Committee re-
ported in case of Mr. Bedford, claiming to be
Representative from the state of Colorado; that
he will call it up for action next Tuesday. Re
port is in favor of admitting representative.
House went into committee of the whole on
the Indian appropriation bill.
After some time spent in considering the Dill
the committee without having adopted any i'm
portant amendments rese and reported 1t tG the
House and it was then passed.
At g 80 the four members of the Louisiana re-
turning board who had refused to produce the
original returns as called for by the investigat-
ing committee at New Orleans, were presented
at the har of the House in the custody of the
Sergeent-at-Arms.
Wells-"What excuse he had to make"
Mr.. Wells replied that two members of the
board had just arrived and that himself and
MI. Anderson had not had time to confer with
them in order to form their answer. They
therefore asked the opportunity of a conference
and time till some day next week to make their
answer to the House.
The same question was put separately to each
of the other witnesses. The answer of each
was to the same effect.
Mr.. Lynde of Wisconsin thereupon offered
two resolutions, one adjudging the witnesses to
be in contempt and the other ordering them to
appear before the investigating committee and
produce the papers called for and that in the
meantime they be kept in the custody of the
Sergeant-at-Arms.
Mr.. Harris of Virginia, as an amendment,
that las in the Irwin case) the witnesses be
confined in the common Jail. (Murmurs of
disapprobation on the Republican side of the
House.)
MI. Page of California (sarcastically bet.
ter move to have them taken out and hanged
right away (laughter).
Mr.. Hoar of Mass.-I ask whether the first
two witnesses arrested, Wells and Anderson,
have had an opportunity of a conference with
their associates.
Mr.. Lynde-I understand they have been
together since half-past seven o'clock this
Mr.. Wells without rising from his seat)-
We have not.
We have not.
Mr.. Anderson-(Rising and addressing the
SpeakerJ-We have not.
Mr.. Page-l move that the witness have the
right to speak through somebody else.
Mr.. Clymer of Pennsylvania-The previous
question has been called and all debate is out
of order.
Mr.. Garfeld-Thess witnesses have been
kept in duress and separated from each other.
(Call of "order.'') There can be no vote on
the previous question without hearing.
Mr.. Clymer Ito Mr.. Garfeld)-YOu have
been heard quite enough. We propose to dis
pose of this matter at once.
Mr.. Kasson of Iowa. move that the House
adjourn unless the gentlemen are allowed 10
have at least a conversation on the subject.
Mr.. Page-I move that when the House ad-
journ it be to meet on Tuesday.
MIR. Garhed-The House has not even heard
the answers of these witnesses. They have
them written In their hands and have not been
heard.
Mr.. Cox-This is an attempt to defeat the
will of the people of Louisiana and of the
United States.
After one vote by yeas and nays on dilatory
motion Mr.. Hancock of Texas proposed that
the previous question be Withdrawn and that
the witnesses have half an hour to confer and
prepare an answer.
That arrangement was assented to on both
sides and the four witnesses retired to COM
nittee room to confer together.
A resolution to pay Mr.. Eads 100000 for the
Mississippi Jetties, was offered and an amend
ment that the pay be 100000 in United States
five per cent bonds was suggested and debated
short time when its consideration was sus-
pended and the four members of the Louisiana
returning board were again presented at the
bar of the House. They sent up TO the Clerk s
desk an answer which was read. They declare
that in every one of their acts they acted with
the most sincere respect and Difference to the
dignity and authority of the House and its
committee, and with the desire and purpose of
submitting in all good faith to every lawful re-
quirement of the House and its committee and
that if any act Of theirs was breach of the
just privileges of the House it was not so in
tended but was without any purpose of fraud or
disobedience to its lawful authority, and was
solely an honest purpose to discharge their Off
cial duty faithfully. They submit that they
have not in law or IN fact violated any privil-
ege of the House nor rendered themselves in
any justly amenable to be treated as in con-
tempt of its authority.
The answer then proceeds to detail the pro-
vision of the law of Louisiana governing the
action of the returning. board in regard to cleo
TONS They state that until the full canvass
Of the Eelection iswas completed the con-
tinuous control of the papers was absolutely in
dispensable, and that the moment those duties
are ended all such papers are required to be de-
posted with the Secretary of State. This was
done on or about the 9Th of January, 1877, and
the papers have ever since remained there
without these witnesses having any control of
them. The answer then proceeds with long
legal argument against the right of the House
or of Congress to 60 behind the report of the
returning board as to the election of Presiden-
tial electors and characterizes the attempt of
the committee to possess itself of the papers, as
an act of usurpation which the committee sof
the House after mature deliberation would not
persist in. They declare that neither of them
knew of any fraudulent or false return on
which they based their action, but that on the
contrary in every act and conclusion of theirs
according to law and right They say it is not
in their power to surrender the papers called
for, and they submit that if they are to be pun
ished by the House the guarantees of the Con-
stitution are most cruel mockery or unalleviat-
ed folly.
In conclusion they state that they submit
their rights as officers and their liberties as cti-
zens to the protection of the laws of he land.
Mr.. Lynde inquired whether the snsW er was
sworn to.
The Speaker after examining it sad 1t was
not
Mr., Lynde suggested that as usual thing
such answers are under oath and that ii Al was
parliamentary law.
The Speaker remarked that that had..r Cant
ly been the practice and that the former 81 Q *
ers had lntimated that it was better to have
answers sworn to.
Mr.. Hale of Maine-But only in suggestive
way.
The Speaker-Of course There is no rule to
govern the CASE The witness can be sworn
now,