Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-10-26
The Kellogg Case.

A special from Washington to the New York
Times says
ut is now almost certain that the committee
will adopt the report agreed upon last spring,
which was drawn up by Senator Morton. which
gives the seat to Kellogg. If . report can be
agreed upon by the committee it will not be held
back, since it is thought best to let the question
come up im medstely and be out of the way. The
only ground on which the democrats now claim
the admission Of Spoford is that the change Of
government in Louisiana has so changed the legal
position Of affairs that even the consideration Of
any action in the State prior to the assumption Of
government by Nichols is something to be en-
tirely avoided. Senator Humans argument,
that it is necessary to take notice ofthe facts of his
tory in acting upon legal questions before the Sem
ate, is one upon which chief reliance will be
placed by the democrats. The position Of Mr..
Thurman and his followers is entirely based on the
assumption that three or four republicans will be
weak headed enough to jump at the conclusion
that If Nichols is governor, Spoford must DO Sen
ator. Mr.. Thurman is lawyer enough to know that
no legal flaw can be found in the title of Mr.. KEEL
logg to the seat and he has therefore devised the
begging argument that the subject cannot be ar
gued at all. Republican senators are confident of
a majority vote, if a vote can be taken soon, and
do not believe that Kellogg will lose his seat by
any delay that can be forced upon the Senate sf-
ter the report is once presented.
The report in the Kellogg case drawn up by
Senator Morton last spring. is now in the hands Of
the Committee on Privileges and Elections. and
will, no doubt, be agreed upon in substance and
reported to the Senate. II is q brief plain docu-
ment, being narrative OF the election so stated
Is TO show that every action WAS IN conformity
with State and Federal law. The Returning
Board returned to the Secretary OF State list Of
members of the House and Senate Of the General
Assembly; the Secretary of State transmitted the
names declared by the board to have been elected
to the clerk Of the preceding House and the Sec
rotary Of the preceding Senate. In accordance
with law the legislature met On the Sd day of jan
uary, 1877, and Of the members present on the
clerks list there were ~ Senators aud 66 Repre-
sentatives-l9 being quorum OF the Senate and
81 quorum Of the House. The next day the
House and Senate met in joint convention to
| count the vote for Governor and Lieutensnt-Gov-
| ernor and there were q Senators and &C Repre-
sentatives present. The two houses voted separ-
| stely for Senator, and on the next day the joint
convention met according to law and 1t was dis
closed by the journals of the two houses that the
vote of the preceding day resulted in no election.
The Joint convention then voted for Senator a.
provided for by law, and Kellogg received the
votes of the &c Representatives and IL Senators.
There was not quorum Of the Senate present,
but the members of the House were five
more than quorum, so that In the joint conven-
ton majority of all the members OF both houses
were present and voted. This is in compliance
with law, which does not require . quorum of
each branch to be present, but only requires
majority of both branches, and the Senator elect
ed must have majority of the votes of the entire
legislature, and that majority Kellogg received.
The report declares that the legislature which
elected Kellogg to the Senate, and Mr.. Packard,
who signed his credentials Is Governor, were IN
Quoted into office in accordance with the law of
the State and must be regarded ~ the lawful
State Government of Louisiana, and it rec
ommends the passage Of resolution admitting
Kellogg to the seat for the full term.