The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-10-27

&ho had not only been defeated q, me
polls rs candidates for the Senate, but
were so reported By the Returning
Board, whi,e their competitors were s..
tusliy eleCtsd and admitted 80 10 be by
the Returning Board, and sat ss
members from their respective districts
In the Nichols Senate throughout
It's session, and there was no cOnLes, or
notice Of a contest over their seats. but
the seating of Baker and Kelso WAS en-
tirely unlsw ul, ineICussbe and OF no
effect. In continuing his statement,
Judge Spohord says: By the actual re-
turns or statements ass made IN du-
phcste By the supervisors OF registra-
tlon, with their sppoIntees, commission
ers o: election, and sent, one set to the
clerk OF the district court OF each couOty
parish and to the Secretary o, State in
the city, and the other set TO the Return
ing Board (so called J, showed 3 majority
of the votes actually cast through
out the State o! about 5000
for Nichols and Wilt over Packard and
Antoine for Governor and Lieutenant
Governor In conclusion the statement
charges the Returning Bosrd with
chan ging the result OF the election IL
De Soto Parish by the supervision Of the
votes, - n to return the Republican
Representatives, who were really beaten
bv large maiOrities, and which was ad-
mltled in letter written by one Of tl'r
Representatives 80 returned, whlCa letter
will hereafter be submit 10 the com
mittee. Ia his supplemental state.
ment Kellogg denies ger eraily d
specifically the material Avermeuts
of SpotDrd, and that asks in the
event that the committee shall
decide to take testimony in regard o.
who were duly elected members o, the
legislature, such investigation be- made
through and in obedience 10 the designs
Of the election laws oI LDu.sIaGs; that II
shall decide who were elected after eN-
GLIDING from the election returns such
polls rs the election Avs OF Louisiana
designated 10 be excluded; and he states
further that, if such exclusions are ma"
rs required by the designs OF TIE law, il
vii be found that the action OF the X"
turn ing Board in certifying the election
Of the members OF the Senate and House
rs they aid, was justified by the eyidehc"
ard law In the case. SpotOrd, IN hls
supplemental statements says:
The vagueuess of the statements If
Kellogg as to VIVA! he desires to prove,
renders it impossible for ne t.
specify what | desire to adduce
in rebuttal A suit on such plead.
ings could hsve no end, ard | ss.
sumo it Is the desire of kellogg and the
committee rs it certainly Is nine, that
this matter be determined speedily and
certainly within few weeks. As u the
specified document referred TO by Nv.
Kellogg Is his letter to the committee ,'
the 22d, inst, | shall desire 10 prove
nat the act creating the superior civil
court tell through. An utter abortion
hat it did not require any repeal, be-
cause it never went INTO force; that PRO
tossing to abolish the Sixth District
Court OF New orleans, it never d o
abolish 1t, but the court has continued
and s.il subsists IN the iu,l exercise
OF its original jurisdiction, though
there has been no law revIving II
II it lie deem ed proper or msterIA,
to 90 into general lnye-tIsa
ton whose horizon is boundless, indr-
Gated by Kellogg, the only effect OF which
would be indefinite delay and prOtt.cs'
wrangling, the undersigned suggest,
that 1t would not be proper to limit the
quotations to the testimony taken by the
Senate committee but that the testlnon,
taken by the Morrison committee ot the
House should, in common fairness - the
other side. be allowed consideration. The
Journals ani Acts o. Assembly of To,
Nichols Legislature, rs printed IN vol
umes, By authority, can be- referred lo,
and the undersigned, IN return, agree.
that the newspaper reports OF the jour
nais of the Packard Legisa.ure shaI. be
referred TO by either party.
The committee, after hearing the state
ments, had n briei secret session, ordered
them printed, and adjourned till Molday