Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-02-02
DONNELLY'S CONTEST i.

Judge FIandrau Returns from Washington
and is Interviewed-He Gives the Lie to
Charley Johnson's Bisclkeuard Statements
-Donnelly's Case a Strong One as Depict
ed by a Minnesota Editor Who Heard His
Speech-Probability that Washburn's Seat
VIII be Declared Vacant
Ex-Judge Charles E. Flandrau, counsel
and attorney Of MIR. Washburn in the con-
tested election case of Donnelly vs.. Wash
burn, having returned from Washington a
few days ago, was interviewed by repre-
sentative of the GLOBE for the purpose of
learning the judges opinion of the present
status of the case. Judge Flandrau stated
that the committee on elections of the House
of Congress has been divided into three
sub committees, each of which has three or
four contested election cases to hear and re-
port upon. The sub committee which has
charge of the Donneliy- Washburn case con-
sists of Messrs. Van H. Manning of Missis-
sippi, chairman, Robert F. Armfield of
North Carolina and Frank E. Beethoven
of Pennsylvania, Democrats, and Messrs. j..
Warren K"ifer, of Ohio, and Edward Over
ton, Jr., of Pennsylvania, Republicans. All
are lawyers, and, Judge Flandrau thinks,
they constitute an entirely fair committee.
They appeared anxious to learn all the merits
of the case, and gave patient hearing to all
either side had to offer. The arguments &C.
cupied five sessions of the committee, the
opening argument, for MIR. Donnelly, being
by Hon. George w. Julian, of Indiana, Judge
Flandrau following for Mr.. Washburn, and
Mr. Donnelly closing for himself. AS to
Mr.. Donnely's speech, Judge Flandrau's &C
count contradicts the report sent by Charley
johnson to Bill Kings paper printed in st.
Paul. 1t was not vituperative, bitter or per-
sonal, but, according to Judge Flandrau,
an argument upon the merits of the
case, and an ingenious and able argument
The character of Mr.. Donnelly's speech be-
fore the committee appears to have been
impressed upon the judges mind by his
having left an opening for MIR. Donnelly to
have criticised or denounced Mr.. Washburn
the Judge having, in explanation of the
large workingmen's vote in Minneapolis for
Washburn, eulogized the latter's public and
private character. But Mr.. Donnelly in
stead of taking advantage of this opporiuni-
ty confined himself to the evidence and law
of the case.
AS to when the sub committee will report
and the case be returned to tie House, Judge
Flandrau has no fixed opinion. He heard
Mr.. Manning express himself in decided
terms in favor of an early settlement
of all pending contests. But there
are eleven contests before the committee
and one of the cases in charge of this sub
committee, coming up from Florida, in
cludes three large volumes of evidence.
There is great deal of labor for the COM
mltteemen involved in their undertaking to
gain full understanding of each case, and
there is possibility of one case bearing
upon another, SO as to cause delay, If not
affecting the final result. But, the Judge
thinks, tue subcommittee will endeavor to
have this case settled before the present ses-
sion of Congress is ended.
AS to what will be the report of the COM
mittee or the final determination of the
House, Judge Flandrau would not express
a positive opinion. He judged, upon the
merits of the case, that the committee report
will be in favor Of Mr.. Washburn; but, of
course ne was not in position to ascertain
the views of committeeman or Congressman.
He lad heard outside Democrats at Wash
lngton say that, although there was Repub-
lican precedents enough for unseating a
member of Congress with over twenty
majority at his back, yet the Democratic
party could not afford to set aside Mr..
Washburn's majority of three thousand
without the contestant should furnish indis-
putable justification of the act. He sup
poses that the committees report will Yir-
tually decide the case, because members of
Congress generally cannot inform them
selves of the law and all facts of contested
election cases, and have time left for their
other business; but great weight
will undoubtedly attach to the decision of
Representative Poehler, of the second Min
nesota district, who has heard at Washing
ton most of the evidence and arguments in
this case and who will, Judge Flandran
thinks, be uninfuenced in the matter by
either personal or party preferences.
Il Rerietc of the arguments.