The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-10-27
KELLOGG VS.. SPOFFORD.
Their Claims to a Seat in the
Senate,
As Presented to the Elections Committee
on Yesterday.

statement before the elections commit.
tee was read this afternoon. He argues
that no contestant for seat in the
Senate may waive or control the right
of the state to her duly chosen repre-.
sentatives in the Senate, and that the
committees request for evidence which
contestants desire to present does not
indicate that the committee will suffer
contestants request to control the
committee or the Senate regarding the
range of evidence. He considered that
the federal and state laws determined
the merits Of this case, and the aues-
tion as to which was the proper legal
legislature of Louisiana last January,
and that where revolution or disorders
have not deprived the state and senate
OF the best and conclusive evidence,
both of the existence of a lawful legis-
lature and of its elections to the Senate,
it is not lawful for the Senate to pass
by this highest and conclusive evidence
for the purpose of trying in the Senate
who were elected to the legislature
This thing the states themselves must
determine through their returning Of
ficers, and by the houses of legislature
duly organized by those who hold the
prima facie evidence of the right to
compose them. By such conclusively
made legislature he (Kellogg) was
elected to the Senate January 10th, and
evidence thereof is recorded in his let
ter to the committee, dated the 22d,
and that contains the statement of the
only competent and conclusive evidence
in this case, which likewise establishes
his title on both prima facie and sub
stantial merits.
Should the committee, however, hold
the view that they should investigate
and decide who were legally legislators,
and executive of Louisiana according
to the election of 1876, after eliminat-
ing from the returns all consequences
of offenses against free and pure
election, which are prohibited by the
state constitution. In case the Senate
committee decides on the more ex-
tended inquiry. he sbould ask them To
consider
First-The violence and other rsSo.
lutionary and unlawful acts and in
fluences resorted to. to either prevent
the organization of the legislature by
which L was elected. or to deprive
either branch thereof of a quorum be-
fore, at the time. or after nv election.
Second-Violence and other reyolu-
tionary or other unlawful acts and in
fluences resorted to, to deprive of their
offices the executive and judicial officers
of Louisiana belonging to what ia
known as the Packard government.
Third-The acts resorted to to Sc
cure the organization of what is known
as the Nichols legislature. and the
installment and continuance in power
of Nichols as executive.
Fourth-Tbe character. extent and
effect upon the elections in Louisiana
in 1876 of these offenses against the
election laws which are enumerated in
such laws, and especially in the 26th
section of the act of 1872.
Fifth-The action of the returning
officers in making up the returns of
all the persons and officers voted for at
the election of November, 1876. in the
state of Louisiana.
l shall also ask that the testimony
taken by the committee of the Senate.
of which Senator Howe was chairman
in 1877. NAV be ordered by the Senate
to be used for the purpose of sucb in
yestipations
spoFFoRp's STATEMENT.
Mr. Spofford in his statement saws
that no evidence beyond his credentials
and the historical facts of which the
Senate will take judicial notice il; re-
quired or should be demanded, but in
obedience to the orders and resolutions
Of the committee he pro poses to prove
First-Thatb by actual returns collect
ed by the parish supervisors of registra.
tion from their appointees. the commits