The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-11-29

had carefully considered the question
~ TO his right to vote In cases whor
the vote OF the senate was equally Ill
vided, aud no had no doubt OF his right
After what had fallen from the sena
tor from Connecticut (Mr, Eaton
he would take occasion to say that a
present advised he would exercise tina
right In hls discretion.
Mr., Salisbury submitted a substltut,
for the resolution of the committee
recitlng NJ length various charges
made by Judge SpDtiord against IN,
returning board officers In Louisiana
the legality Of tho legislature which
elected Mr.. Kellogg, and that Mr., KEEL
logg himself when governor, JOINED
in Illegal acts with such returning OH
GERS, and therefore providing for thu
recommittal OF the whole question /,
the committee on privileges and cleo
ions, with instructions 10 the salC
committee TO take testimony In regard
to such charges,
Mr.. Salisbury spoke at length In
favor Of his substitute, and Mr.. Wad.
leigh against II.
Mr. Hill, of Georgia, spoke In sup.
port Of the substitute, aud his effort IL
considered the finest OF the session.
Abiding to Mr.. Spofrord's brief, Mr..
Hill appealed to every senator on the
floor to sink the partisan for moment
and not deny the right to the contest
ant to take testimony which no court
on earth would refuse them, Mr.. Kel.
logg came here now to claim the price
of his fraud; he came here to ask that
the senate would give effect to that
fraud. A committee hal been appoint
ed to examine all such cases, and this
committee said, 1--WE havei takeDiso
much testimony about returning boards
that we will take DO more.n
MIR, Wadleigh said that the Field
committee last winter took testimony
on this very point.
Mr.. Hill said the Field committee
took testimony In regard to the eleclo o.
raj vote that WAS closed, and 30 far as
he was concerned 1t should be closed
forever.
Mr.. Mcdonald inquired Of the sena-
tor from New Hampshire mr. Wad.
leigh II be did not know that the
the members OF the returning board
refused to testify before the house com.
mittee, and were not sum moned before
the senate committee last winter.
Mr.. Mcmillan said they were ex-
amined by the Field committee,
Mr.. Hill resumed, and again called
upon any senator TO put his hand upon
any testimony already taken M to
KeIlogg's completely with the return.
ing board MS Judge Spotiord offered to
prove.
Mr.. McMillan--It would be very
difficult to prove u fact which never
existed.
Mr.. Hill--Did anybody before hear
a Judge tell party asking leave to
present testimony, "Why you can't
prove that, even If gave you permits
sion?" Addressing Mr.. Mcmillan, he
said, How do you know II never
occurred, were you down there"
Laughter.
Mr.. McMillsn--I was there for .
long time.
Mr.. Hill did not know that
before; we will investigate you :?
Renewed laughterl. Continuing his
remarks he said senators should
not sit as judges to decide rights
between parties and say they would
not let them take proof. Mr..
Kellogg did not pretend to have =
legislature, except by the action Of the
returning board. He admitted that
three OF the members Of the state sem
ate returned elected by that board
were not elected by the people. Ii this
should be proved, was he 1T for seat
In the body? Would the senators say
that the governor Of a state might col.
lude with returning board to elect
himself TO the senate Would they
seat such a man in this body? So GER
tain was the committee at first that II
would have to take testimony, that
the chairman applied to the senate
and got authority to do 80, and
when the committe got the
parties to join issue II refused the tes-
timony. If Governor Kellogg should
be convicted Of these charges, 1t would
not only close the senate to him, but
open the penitsntiary to him. The
cases were referred to the committee
for the purpose Of inquiry into all the
facts. He did not want to re>open the
question Of the electoral count he did
not wants particle OF testimony on that
subject, but he did want Judge Spot
ford to have All opportunity TO prove
that Kellogg, in counting In the three
senators and ten members OF the house
OF delegates, who were not elected, did
so for the express purpose Of making
him senator. The legislature which
elected him never did single act for
which they claimed vitality, except
the election Of Kellogg. 1t had dis
banded and gone, but oh, said his
friends on the other side Of the cham.
Der, 1t was legislature when 1t elect
I'd Kellogg. This whole fraud was