The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-05-20

logg's credentials were presented IN
January, 1877, and referred to the COM
mittee in March. Mr.. Spoffords were
presented in October. Both parties
consented to the consideration of GER
tain evidence taken by other investi-
eating committees.
Senate passed resolution suthoriz-
ing the committee to take full and
original evidence. There was no doubt
that the committee had full authority
TO investigate all the merits of the css-l
Mr. SpoHord at one time fled the re-
quest for more evidence which was
denied by the committee on the ground
that sufficient testimony had been
taken. This ruling, Mr. Hampton
thought unjust but was undoubtedly
fully competent for the committee to
decide when to stop taking testimony.
A committee abuses its power jn this
respect when an appeal can be taken to
the Senate. At this time it announced
its definite judgment was that Mr..
Kellogg was entitled to his seat. Yet
1t is claimed that this action had no
binding in effect. Mr.. Hampton could
not admit the principle that the set
tlement of the contested case on its
merits could be overthrown at will
upon the occasion of the majority of
a different party. II this case can be re-
opened now what is to prevent its
being reopened again and again.
Ia all litigation there must
be some end of strife, and
In spirit this case should
rest where it is. Mr.. Hampton then
cited a number of authorities and pre-
cedents in this country and England
to show it was q we'll established prin-
cIple, that when the case was once set
tied on its merits ii could not be re-
opened in consequence of leaving titles
to the states forever open to question
were more than TO have an occasional
dangerous case wrongly settled. The
whole weight of authority seemed to
Mr.. Hampton TO show that the Senate
acted directly and to show that its
action was final and had carefully
avoided political aspect of the case.
lie dared not trust himself to enter too
deeply into that question. All his
sympathies were with contestant and
with the State Of Louisiana which had
suffered so great a wrong, but the sem
ate had no power to redress that wrong.
Time, the great healer could alone as
suage her wounds. He hoped that the
people of that. state with whom his
own people had so much in common
would not misconstrue his action. At
| the conclusion of Hampton's speech
Carpenter took the floor and occupied
the remainder of the afternoon with an
argument i'll support OF Kellogg's right
to a seat in the Senate and then ad-
| iourned.
WASHINGTON, May 49, HOUSE =
Herbert of Alabama, asked unanimous
consent to take from the Speakers
table the Senate bill sppropriating
$40, 600 for the erection Of a public
building at Montgomery, Alabama. A
request of this character is very rarely
granted when it relates to bill of this
Importance and Herbert felt much com.
plimented when his request was
granted and the bill passed.
At 3:15 the house went into COM
mittee of the whole on the liquidation
of the appropriation. After consid-
ering the bill as far as the fortieth page
without making any changes the COM
mittee arose and the House took re-
cess till 2 80. The evening session to
be for consideration of the report from
the Committee on Iudian Affairs.
WASHINGTON, May 14.-SENATE-
Herman presentedipetitien of the Mar
itime Exchange and twenty-six ship
owners and fifteen seamen of the port
of New York for the passage of the
bill transferring Bedloes Island from
the War to the Treasury Department
for marine hospital purposes.
A large number of petitions Of man
ufscturers for the passage of the Eaton
tariff commission bill were presented,
among them one by Burnside repre-
senting capital amounting to $500,
900, 900 in the manufacture of cotton.
Beck, from the Committee on Fi-
nance, reported favorably on the House
bill amending the laws relating to in
ternsl revenue. Placed on calendar.
Morgan, from select committee on
counting the electoral vote, reported
adversely on the Senate bill to fix q
day for the meeting of electors for
president and vice president, and to
provide for counting electoral votes
and for the decision of questions aris.
ing therefrom. Placed on calendar.
Reported from the same committee
the Concurrent resolution adopting
joint rule for counting the votes OF
the electors for president and vice pres
ident. Placed on calendar.
Eaton presented memorial of Davis
Hatch of Norwalk, Connecticut, praying
for redress for injuries sustaiId through
action of the government of San Do.
mingo aided by copnivance Of Ameri-
can officials. Some debate ensued,
pending conclusion of which the
morning hour expired and the matter
went over.
House The House met at 1 O'Clock,
in continuance of Thursdays session,
and Immediately went into COMMITTEES
of the whole, Cox in the chair, on the
legislative, executive and judicial ap-
preparation bill.
Page Of California offered an amend
ment providing that the materials
used in the mints OF the United States
shall be procured, after due ADVERTISE
ment, from the lowest bidder. After o
short debate the amendment was
withdrawn.
Warner of Ohio offered sn amend
ment requiring the Secretary OF the
Treasury to make detailed statement
of the manner in which the moneys
appropriated for the incidental ex-
penses offthe Treasury Department are
expended. Adopted By vote OF so
10 90.
The committee then rose, and the
session OF Thursday ended, and that Of
Friday began.
WASHINGTON, May 14.-SEEATE-
After voting down q motion to adj
jonrn till Monday, the Senate resumed
the consideration Of the Kellogg-Spof-
ford resolution.
Mr.. Pendleton, who had the floor,
said that the constitution made the
Senate Judge of its own members; that
it was 3 Judicial body, as far as was
necessary, 10 determine ell matters re-
lsting to the qualifications OF those
who claim seats therein; that it had
this jurisdiction always and could grant
g Tehearing upon sufficient grounds;
therefore in his judgment the principle
OF res adjudicata was not strictly sp-
plicable; that IL man should be ad-
mitted 70 seat upon forged papers,
the admission certainly could not be
considered final The plensry powers
OF rehearing and reversal, however,
should be exercised cautiously and con-
servatyely. The courts granted Dcw
trials only upon the discovery OF fraud,