The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-10-27
rum Of elected members in either branch
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9. That William Steven, a holding over
Senator, adhering to the Nichols Legis.
lature, was captured and taken by duress,
against his protest, 10 the Packard Senate
Chamber on the first Of January, 1877,
aud kept there by duresS and against bis
protest, he refusing to participate in
their action and repudiatipg their
authority as a Senate, Just for the pur.
pose Of swearing In "a members Of that
pretended Senate Baker and Kelso, who
had not only been defeated at the polls as
candidates for the Senate, but were 90 re.
ported by the Returning Board, and their
competitors were actually elected and ad.
mitted so to be by the Returning Board,
and sat as members from their respective
districts In the Nichols Senate through
its session, and there was no contest nor
notice Of contest over their seats; but the
seating OF Baker and Kelso was entirely
unlawful, inexcusable, and Of no effect.
In continuing his statement, Judge
Spofford says by the actual returns or
statements as made in the duplicates by
the Supervisors Of Registration with
their appointees, the Commissioners OF
Election, and sent one set 10 the
Clerk Of the District Court Of the
county parishes and to the Secretary
Of State In the city and other
set TO the Returning Board leo calIed)
showed a majority Of the votes actually
cast throughout the State Of about 5000
for Nichols and Wilt over Packard and
Antoine for Governor and Lieutenant
Governor.
In conclusion, the statement charges
Lbe Returning Board with changing the
result Of the election in De Soto parish by
the suppression Of votes so as 10 return
the Republican Representatives, who
were really beaten by large maiorities,
and which was admitted in a letter writ.
ten by one Of the Republican Rrepresen-
tatives, so returned a copy OF which let.
ter will hereafter be submitted 10 the
committee.
In his supplemental statement Kellogg
denies generally and specifically the ma.
terial averments OF SpofIord and asks in
the event tho committee shall decide to
take testimony in regard 10 who were
duly elected members Of the Legislature,
that such investigation be made thorough
aud in obedience 10 the designs Of the
election laws OF Louisiana; that it shall
decide who were elected after excluding
from the election returns such polls a.
the election laws OF Louisiana designated
to be excluded, and he stales further that
II such exclusions are made as required
by the designs Of law, ii will be found
that the action Of the Returning Board,
in certifying the election Of members OF
the Senate and House as they did, was
justified by the evidence and law in the
case. Spoliord, in his supplemental
statements, says that the vagueness Of the
statements OF Kellogg, as to what he de.
sires TO prove, renders it impossible for
me TO Ppecify what desire to alduce in
the rebuttal. A suit on such pleadings
could have no end, and l assume it ia the
desire Of Kellogg and the committee, as it
certainly is mine, that Ithis matter be
determined speedily and certainly with
in a few weeks. As to the; specified
documents referred to by Governor
Kellogg in his letter 10 the Committee, Of
the 92d inst, | shall desire to prove that
the act creating Superior Civil Court
fell through, an utter abortion; that it did
not require any repeal, because it never
went into force; that protesting to abolish
the Sixth District Court Of New Orleans
it never did abolish 1t, but the Court has
continued and still subaists in tho full
exercise Of It's original jurisdiction,
though there has been no law reviving it.
II it be deemed proper or material to go
into general investigation, whose
horizon is boundless, as indicated by Gov.
kellogg, the only effect Of which will be to
indefinitely prolong proftless wrangling,
the undersigned suggests it would
not be proper to limit the quotations to
the testimony taken by the Howe com.
mittee, but that the testimony taken by
the Morrison committee OF the House
should, in common fairness to the other
side, be allowed; also the consideration OF
the journals and acts Of assembly Of the
Nichols Legislature as printed in the
volumes by authority, which can be re.
ferred to, and the undersigned in return
agrees that the newspaper reports Of the
journals Of the Packard Legislature be re.
ferred to by either party.
The committee, after hearing the state
ments, had brief secret session, ordered
them printed and adjourned till Monday.
The Republican members Of the In.
diana delegation in Congress will have
consultation at the house Of ]. L. Evans
Tomorrow to discuss the Presidents poll.
cy and determine the course to pursue.