Evening star. [volume] (Washington, D.C.) 1854-1972, 1877-10-24
The Spoiord. Kellogg Contest


The Senate committee on priv .leges and
elections continued its COnsiderat ion OF the
Kellogg Spoford Louisiana contested cleo
ton case this morning. The time was en-
tiTely occupied by the argument OF Judge
Sponord, who replied to the speech made by
Mr.. Shellabarger, counsel for Kellogg, yes
teTday. He began by giving a brief acc punt
of The powers OF the Louisiana returning
board aud stale legislatures, abiding to the
electoral commission. aud quoting some of
its arguments from the reports OF the COM
mission. BY the election returns of the cleo
ton held ia November, ls14. according 10
parish returns approved by The supervisors
of election, governor, Lieutenant governor
and state officers were elected. Also. &c.
cordlng TO The statements OF returning
board sitting IL the city of New Orleans, an-
other set of stale officers was decla red elected
by the Suppression OF over 1890 votes. Judge
Spofford then rehearSed the establishment of
the dual legislature an Louisiana. Psckard's
government in the state house aud Nichols
government in ST. Patrick's hail, New Or
leans. The story OF the barricading OF the
state house was related, and minutes of the
NICHOLS legislature were read ia cOrrobora-
ton OF the statements made in regard TO The
lille gality of Packard's government. The rea-
son why PackariS government Tell 10 pieces
was because OF the failure to obtain troops
TO sustain IL from Washington According
10 the law OF Louisiana the returning board
had nothing 10 do with the election of COVER
nor, lieutenant governor, or state legislature
The dulles oil the returning board only con
cerned the election Of presidential electors.
Passages from the constitution of the leg.S-
lstUre, &C., were read, among them the Ia
nous article l., shown Z the m amer OF
Counting votes ana declaring the re,ult Of An
election. The term returning officer was ana
IL Zed. Judge SpOffOrd claimed that the
sheriff OF a county or mayor OF town Wa
the person charged with returning wTits.
The term "returLei' has always been under
stood in the manner explained above by the
laws OF Louisiana. The registrar OF election
ana commlSs toner's o. election have super
:. ded the Office formerly held by the sheriff
IN making returns OF elections, &C. Judge
SIOfiord quoted from Senator EimundS. OF
Vermont, in the arguments in tue Senate on
he contests IN Louisiana, to show that the
returning board il an unconstitutional boiy.
The speaker "a q that such tning as dua!
governms at ia Louisiana wOull be unknown
were IL rot for the existence of a returning
board. Distinguished citizens like Governor
Packard. ana, as am Informed, Governor
Kellogg. put In sweeping accusations against
fifteen or twenty parishes before the return
ing board, against which 10 charges what
ever were made by the commissioners of
election in the parishes where the elections
were held. in the manner prescribed 10y law.
With three non elected senator's In the PACK
AID legislature, Senator Steven, who had
been sitting with the Nichols legislature.
and had called upon Gov. kellogg in the
state house; was forced into the Packard
senate by sergeant-at arms Ia order 10
obtain quorum. Blunt and Webster, two
defeated candidates. were included among
Packard house there were a dozen mbers
whose only title was acquired 10y the return
ing board. Packard's title only rests on the
returning board. Judge Spoffori claimed
that on the 10Th of Janury, when Kellogg
maintains he was elected, there was not
quorum In the senate. There were Only l.
present, and 70 Were requ red for quorum.
10 the house Mr.. Kellogg claimed that he
received 20 votes, 81 votes being a quorum.
But 1 Will prove 10 the som mittee ne said
ilat 10 OF the Packard house Were no. legally
the Nichols government was recOgniZ. IL by
the United State government and the courts.
evC-ythir 2 That was done by the latter fac
Ton dropped 10 toe ground null and void.
That government fell as II deserved 20 fall.
still-Dorn; fell as the government from
which IL was the outcome fell. II cannot be
that the President VIII recognize one govern
ment, the House one government, aud the
Senate another government; a governmen;
which has 30 existence or representa- 100.
unless Mr.. Kellogg can be called its repre-.
Senator Hoar asked Judge SpofTord how,
according 10 the Louisiana consultation, the
secretary OF state could give the sealed re-
suits OF elections TO the speaker of a house
where, until the certificates OF election had
been opened, no means of determining VIVA,
members had a prima tacia right TO a seat
could be had?
Judge Spofford admitted that unless re-
turns were copied from the parish returns IL
would be difficult to be able to determine in
the first instance who had right to the seats
Senator Hill said that according to the old
constitution OF Georgia the secretary of state
OPP ned the returns. and tue house In eets AMI
organizes with a speaker on the statement OF
the secretary.
Judge Spofford acknowledged that both OF
the rival governments OF Louisiana al the
first days Of their respective organizations
were guilty of irregularities, but at the time
OF his election the Nichols government was
in full blast and running according TO the
letter as well as the meaning of the law.
At the conclusion of Judge SpOfford's ar
gument, Judge Shellabarger began his reply,
saying that when the committee goes behind
the prima facia case of the election IL Ie-
quired an inquiry which the committee eau
lot into at this time. The true ate OF the
inquiry is whether by the law OF the land tue
prima facia right Of title 10 officeis made out
by ore party or another. Judge Shellabarger
taxed for over an hour on this subject con-
sidering the constitution OF the state of Lou
isiana and the powers of the returning board