The New York herald., 1879-03-10
CONGRESSMAN O'REILLY.
THE SECOND (BRooKLYN) CONGRESSIONAL DIS
TRIcT-REPoRT THAT MR.. o'REIILYs SEAT Is
TO BE CONTESTED.

TRICT-REPORr THAT MR.. OREILIYs SEAT Is
TO BE CONTESTED.
FROM OUR REGULAR coRREspoNDENT.
WASHINGTON March 10. 1879.
1t was reported here yesterday that notice OF con-
test had been filed by Mr.. Litchfeld against Mr. Daniel
O'Reilly, Congressman-elect from the Second New
York rooklyn) district and that of the objections
made by Mr. Ltchfied to Mr. Reilly taking his seat
as Representative from that district in the Forty sixth
Congress that O'Reilly had deserted from the
Union army during the late war. Mr.. Adams. Clerk
Of the House. says that such notice had been filed
to his knowledge yet such might be the intention OF
Mr.. Litchfeld, but it is not necessary that the
notice should come to him as heretofore the
law requiring notices OF contests to be filed with the
Clerk has been repealed and the matter goes directly
to the House.
The charge that Mr.. O'Reilly was deserter would
not prevent his being accepted If he produced
tfcate showing that he elected. and the fact of
his having such certificate would ensure his name
being placed on the rolls If after the presentation
Of the certificate of election Mr.. Litchfeld should
present notice of contest on the ground that
O'Reilly was not legally elected then
the House would take tho matter in hand
and decide whether Mr.. OReilly was entitled TO the
seat. The impression to-day is that the statement
MIR. Ltchfied is charged with having made against
Mr.. OReilly is without foundation, as Mr.. Litch-
field is considered man Of too much sense to make
such statement thinking it would have any effect
the House in case contest was decided upon by him.
Furthermore any defect in Mr.. Reilly's qualihca-
tions would not give Mr. Litchield the seat. as IL
has been held over and again that the will Of
the people cannot be construed give the to
minority candidate when the majority candidate is
not qualified. In such there is simply no
election and the people must hold another election.
o'REILLYs EXPLANATION CONCERNING HIS AL
LEGGED DEsERTIoN FROM THE ARMY.
reporter of the HERALD called on Congressman
Daniel Reilly member elect Of the House Of Repre-
senatves from the Second district at his residence
in Brooklyn last night, and questioned him relative
to the report circulated at Washington that his seat
in Congress would be contested the ground that
| he had deserted from the army.
my attention." said the Congressman, "was
called to the published statement that my seat in
| Congress would be contested. believe the story
| originated among my personal enemies in Brook.
| lyn."
"Had your opponent. Mr.. Litchneld. who ran for
Congress against you last November anything to do
with starting the report, think you p asked.
| II say emphatically, No. He could not get the
position, and there would. therefore. be object
| for him to circulate such scandalous story. 1t
came from mean contemplate source. will tell
| you of my sole connection with the military. In
| 1862. when Frank Spinola was organizing brigade
| in this vicinity, two friends called at my house
one morning and asked me to join com
| pany in the 164th regiment-which latter
regiment subsequently served in the Corcoran Irish
| Legion. They offered me second heutenantcy.
| think the company which was to JOIN X COM
pany. but am not positive. But there was Sec
ond leutenantcy vacant Mt the time, and they then
| asked me to enlist orderly sergeant / found,
| however. that to enlist would have to go in o
private could enlist in any other capacity.
was to have been promoted from private to orderly
| sergeant and then to be made lieutenant. But the
officers of the company were only paper; and they
| were fighting among themselves. One Captain Dunn
was prominent in getting up the company. but Q
man named Sullivan the only one who suc-
ceeded in obtaining commission among them.
Colonel Burke, who commanded the regiment,
knew that l would never serve under Sullivan, and
| knew the circumstances under which Joined them.
| He knew that was to have commission. Previous
to tho mastering in of the regiment to the United
| States servicc-into which mustered-the
| three smallest companies, among the number,
| were consolidated. When they about to be
consolidated, ut Camp Scott. Colonel Burke told
to ..stand aside" and afterward when was return
ing the boat with the Colonel from Staten Island,
he said to MEAS soon get the roll book will
/ erase your name from the book He felt that it
| would not be fair for under the circum-
stances. Till man is mustered into the service he is
| not in the army"
''Did you draw any pay from the government
| while you were with Spinola's Brigade?"
"No: was with them four months and never got
| any money
| 'sWas the charge Of desertion made against
you before now?"
shortly after leaving the regiment-I don't re-
member how long after-some person entertaining
personal animosity against me sent two officers Of
| the Provost Marshal and caused my arrest. ac-
companied them to the office of the Provost Marshal
whose name was Booth, and his office in Wash.
ington street. Brooklyn, but after hearing my story
he ut once discharged me- The present charge is a
trumpcd up piece of malice the part of personal
and political enemies, and l will answer them in
their proper time and place." said tho Congressman