The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-10-27
LOUISIANA SENATORIAL CON-
TEST.
Statements OF Kellogg and spoford

mittee on Privileges and Elections mel
this morning 10 receive the written state
ments of Kel ogg and Sp )ford, OF LOusi
ana, the contestants 10 seats in the SEN
ste. Each expressed himself ready. Mr.
Hoar offered resolution which was un'
animously agreed TO, that the com
mittee take recess in order that the
contestants file their statements with the
clerk; that an opportunity be gwen each
to examine the ststement OF his opponent
and prepare, ifdesired, anv reply thereto
The committee having reassembled, the
statement OF Kellogg was read. He says
assume that 1t is not within lhe
power of any claimant or contestant iul
a seat 10 the Senate to wave the right o
u State to her duly chosen representa-
tives in the Senate, and that the commit
tee so understands the matter, and the
committees request for statement ,
the evidence which the contestants teslre
| TO preseht 10 tae committee does not In
dlcate that the committee will suffer our
requests in any degree TO coLtrol the
committee or Senate in regard to the
range which will be given 10 this evil
| dence. | desire TO place at the begin
ming ot this reply the view which take
! Of the law of contests. That view is on
the substantial merits Of tuis contested
claim TO the seat, and the question
which, or whether either OF the two rival
bodies claiming u be the legIs .sture OF
SAID State January last when l Was
elected, rs the true and lawfui legislatur re,
are concluslvely determine under the
constitution and laws OF Lae UniLed
States, and of Louisiana, by the record OF
evidence which these laws carefully sup
ply 10 the Senate, and that where reYo-
uLiOn or disorders In n State nave not
deprived the State and Senate OF the
best and conclusive evidence both ot The
existence eli u lawful legislature, and OF
It's elections To the Senate, IT is not
lawful for the Senate 10 pass by this
highest and conclusive evlGeuce 50 sup
led Tor the purpose OF trying IN
the Senate who were elected to the legisls-
ture. TINS thing l. cunhled 10
the States themselves to be de.ermGed
through their returning officers IN the
first Instat Ce, ana thereafter by me
houses oil the legls sture duly organized
by those VINO hold the prima tacte
evidence OF the right to compose such
houses. By such legislature 80 COZ
structlyely made, the lawful legislature
of the State, was on the 10Th OF January
last duly elected 10 the Senate, and
the record and evidence OF that election,
now IN possession OF the COM
mittee, is the same which Is
enuue a,el in my liter to the com i tee
of tn. I'D ms. 10 tits enum,rauUn
refer ~ containing statement
Of what deem the only complete shd
conclusive evidence in the case, ana
which establishes my title to the seat,
both p11n,G tdcie and on substantial
merits. II, however, the committee
should mold that this view OF mine IS not
The true one, and the duty OF the commit
lee, either owing To violence and reyo
| lutlonary disorders winch assAlrd the
government OF the State, or from any
other causa, requires the committee to 90
into matter, behind this record cvedehce
showing the lawiulness OF my election
nd OF the Legislature winch made y,
| then | shall ask the committee to 20 10
t4e bottom OF the thing. | saai! ask the
! committee To Investigate and decide who
w,re entitled 10 compose the LeglNla
| turc OF LOUISIANA, ~ determined
b, the election OF 1876 After
el minating from I tlaL election and t're-
turns all the consequences OF those oien-
res against n tree and pure election
W ich are proholted by the constitution
at laws Of l. u slana, | add below II
| detinI.c statement ~ to what evidence |
VIII ask the committee 10 take IN the
| event that II snail deter mine the decision
in this case on Its substantial merits,
winch requires TIE committee 10 decide
those questions which ARE made by the
constitution and laws OF Louisiana TO be
deter mluable IN the hrst Instance alone
b; the returning officers Ot Luuislana,
and determiusD g ultimately by the
houses ul the Legislature when are
composed OF those anu those only
WHO ART found emitted 10 seats therein
by the c.rLllcat,s OF The returning 9th
oi the State. La the event OF the com
mites adoption OF that range Oi inquiry
lust stated. | bail ask that the committee
investigate and report on the .ol OWING
matters: First, the violence ana other
revolutionary and unlawful acts snd N
tlueuces r.. orted tc, either 10 prevent the
organization OF the legislature by winch
| was elected or to deprive either orancn
tnereo. OF quorum before, ~ the time,
or after nv elect. on. SecUhd. the
VIC euce and other revolution
ary and unlawful acts and
mi lelces Iesorted - TO deprive OF
officers of Loul,I ana, belongIbg 10 wnat
i. known as the PacNard govern ment.
Tnlrd the acts resorIed to TO secure the
.rcaLlZatiou Of what Is known rs the
y .cucls legislature, and the inslaltment
auG lon,iouance IN power OF NtcnoIs as
Executive Fourth, the character, eX.
leLt AL d effect on the election IN Louis
lana IN 1876 OF those offences against the
,.rctIou laws, when are enumerated IN
; .CA laws. and especially IL the Zo.h sec.
Ioa OF the act OF 1872. Filth, the &c
Iluu OF tue returning officers IN making
IN the returns OF al the per
sans and Ulcers voted Tor nj the
election ol November, 1876, IN
he State oi louisiana. | shall also ask,
N The event that tae committee shall de-
eide to 90 beuind the record, the evil
.ence 10 wuicn l have alluded, that the
testimony taken by the committee OF the
Seutale, OF win ch Senator Howe was
cnaIrman, ID 1917, may be ordered by
the Senate to be used tor the purpose OF
such IuvestIg alton.
Mr. Spohord, in his statement, saws:
Protesting that n eylleDce beyond his
credentials ana the historical iacts OF
which the Senate viii lake Judicial O.
tlce Is required, or should be demanded,
l. obedience to the orders and resU!L-
tlOus OF the comEIttee, he proposes 10
prove frst, by the acluai returns col
.,clcd by the parish supervisors OF regis
, sIoH from their sppVintse:, the com
u.ssIoneis Of elections, shVSi. z IAe y-tes
actually IN The ua.iJI- 0UGes al tie close
If he election IL LoLis ana, November
9. 1916, II appears that enougn o. the