The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-05-07
FoRTY-srxTH CONGRESS.
spOirord's CIaIm 10 senator KelIogE's
Seat Causes Lively BreeEe In the
senate.

/ ~@N@ = SAAA 49,
SpOtIord's claim 10 senator KelI0gg'
Seat Causes Lively breeze In th
Senate.
WASHINGTON, May @.
SENATE.
Mr.. Mcdonald reported from the Com
mittee on Judiciary, with amendments
the Oill introduced Yesterday by Mr.. Ea
ton, making It unlawful to use any part o
the army and navy at the polls, etc. HI
gave notice that he would call 1t up to
morrow. The Judiciary Committee hal
added two amendments. The first pro
vides that the bills prohibiting agains
bringing to or employing troops at tht
polls shall not apply tO the use OF military
force when necessary, Ito protect the State
against invasion). The other amendment
inserts the words (when the legislature
can't be convened), after the clause which
exempts from prohibition OF the employ.
ment OF the army or navy 10 enforce the
4th section OF article 4 OF the constitution
and laws made in pursuance thereof upon
application OF the Legislature or Execu.
tive Of the State.
Mr.. Beck reported from the Committee
on Appropriations, with amendments, the
Legislative, executive and judicial appro.
priation bill, and gave notice that he
would call itup at m early day. The
principal amendments made by the Com.
mittee on Appropriations are those which
were agreed upon by the committee yes
terday, including the omission Of the
House clause directing ten million reserve
to be Issued in payment OF arrears pen
sions
KICKING on KELLOGG.
A resolution authorizing the taking OF
testimony in relation to the claim OF Spot
ford TO the seat OF Senator Kellogg, was
considered.
Mr.. Hoar offered q substitute declaring
that the Senate had already settled the
case on its merits, by declaring that Mr..
Kellogg was entitled to seat.
Mr.. Cameron argued that the ques-
tion was decided in October 1877, in favor
Of Kellogg and against Spotford and the
Senate at that time declared the proceed
ings to be final and conclusive. The chair
man Of the committee, Mr.. Salisbury, had
never known Of the court taking testimony
in order to ascertain whether a case was
finally adjudicated.
The morning hour having expired Mr.
Salisbury hoped the consideration Of the
resolution would he continued.
AroINToF ORDER MADE BLUNT.
Mr.. Houston said this being privileged
question it took its own course, and was
proceeding to read from the former de-
ciston OF the Vice President, as applicable
to the question before the Senate, when
he was interrupted by Mr.. Conkling, who
demanded the reading OF 10th rule and
added: We had better preserve some
show ofsystenl.
Mr.. Houston-I am obliged to the Sena-
tor for wishing to preserve some show Of
system.
The Chair-Mr. Withers temporarily
presiding ruled that Mr.. Conkling' 8 point
was not well taken.
Mr.. Carpenter appealed from the decis-
The debate continued for some time,
and was more than ordinarily animated.
Mr., Hill moved that the appeal be laid
on the table.
Mr. Cockrell rose to point Of order.
Mr. Contingencies all rise. Is it in
order to inquire how many Senators are
recognized, and how many are entitled to
the floorP
= The Chair Only the Senator form
Georgia.
Mr. Conkling-I thought the time was
TO be divided around.
Mr.. Edmunds-AIay ] ask with great
respect, parliamentary question, what
the point is?
The motion of Mr.. Hill to lay Mr.. Car
penter's appeal on the table, was agreed
%, nays %.
MIR. salisbury (Del. Now l hope the
discussion will be resumed.
MIR. Conkling-I enquire what has be-
come OF the point OF order2
The Chair-The Senate has sustained
the ruling Of the presiding officer.
Mr.. Cameron then resumed his argu-
ment, citing various contested cases, to
show that Mr.. Kellogg's case had been de-
cided on similar principles.
Mr. Conkling said nothing could be
more inadmissable than the pleas OF Spoi-
ford to overthrow prior adjudication.
WANTED AUTHORITY TO INVESTIGATE.
Mr.. Salisbury remarked that he did not
intend to express an opinion as to
whether the present question was finally
adjudicated or not, but all the committee
desired was authority to investigate the
entire question, SO that by having the
testimony before the Senate it would be
enabled to act intelligently.
Mr.. Carpenter, regarding this as an i'm
portant question, and as several Senators
who desired to be heard were absent,
moved that the Senate adjourn. The
question was decided in the negative by
party vote-yeas 81, nays 81.
UxDoISo WHAT HAS BEEN DONE.
Mr.. Hoar said that no Senator on the
Democratic side had stated the grounds
on which they sustained the pending
resolution. The principle TO which they
sought to commit the Senate was that
whenever party changed to majority
in the Senate it was competent TO review
and reverse the former judgment OF that
body and unseat a Senator. The doctrine
would and should surprise and alarm the
American people.
Mr.. Hill inquired whether the Senator
meant TO say that any one on the Demo.
cratic side had ever admitted that the
question had received full consideration.
The Democrats made no such admission.
Mr.. Hoar said it was easy to state the
pretext for anything, and then proceeded
to show that Kelloggs title to his seat was