National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-30
MAoKEus FIGHT FOR HIS SEAT.
restIn,ony Maid BEFORE Congress 60 sus.
tain 7tIs Claim ne "a REPRESENTATIVE.

CHARLESTON, S. c., Nov. 29.-The friends
fthe Hon Y. w. N. Mackey, Republican nominee
for Congress In the Second District at the last gem
eral election have decided TO urge upon the Re-
publican caucus which meets prior to the assemb-
ling of Congress, the propriety Of objcctng to the
swearing IN of Mr.. Samuel Dibble, OF 0rangeburg,
rs the Representative of the aforesaid district,
and to take up the election contest at the opening
ofthc session. The case is novel In its features,
none ofthe kind ever having been presented to
Congress. Dibblc's claim to the seat Is based upon
n certificate of election issued TO him afler the
special election held last June, in accordance with
the Governors proclamation, to I'LL an alleged
vacancy caused by the death Of the Hon. NJ. 7.
OConnor, who was counted in at the November
election, and who, ut the time Of his death, was
preparing his defense against Mackeys charges Of
fraud. The Republicans claim that Mackcy was
legally elected; that o'Connor held the certih.
cate by fraud, and that no vacancy existed I;
ana they therefore made no nomination aud
TOOK t9tsSon no part In the second election. The
some quarters, but lawyers OF acknowledged
ability aud established standing are of the opinion
participation in the second election sanctioned BY
the Republican Congressional District Committee
would dnf have 4, been virtually an ACKNOWLEDGMENT
worthy factthat eight.tenths Of the Democrats in
received only about one.tiiTd Of the vote
obtained by oConnor and was awarded
the certificate in place of the lettor.
The following important points In Mackey's
case, which are sustained by the evidence now In
the hands of the Clerk the House, will fully ex-
| plain the strength of his claim. According to
special lists kept by the Republican supervisors of
| election, Mnckey had majority of 97S votes
| when the polls closed on the ith OF November The
Democratic managers, through ballot box stuffng
destruction of Republican ballots and insertion Of
| fictitious names on tho pOl-lists, subsequently
| changed this result still leaving, however, 10
| the surprise Of the boscs, Mackey majority
| OF SS3. AZ this point the county canvassors
came TO the rescue. and through perjured state
ments Of imaginary Republican outrages ut strong
Republican precincts threw out sufficient boxes to
insure the election of all the Democratic candi-
| dates. The petition for mnndamus TO compel the
managers to count the votes In the rejected boxes
| was dismissed by Judge Wallace. The appeal to
| the supreme Court was pigeon .holed until the
Times showed, last April, that the
| court had violated the Constitution
| Of the state by Withholding the de.
| cislon, wbcreupon decree was filed virtually
| cOndemning Judge Wallaco's action so far as
NHckcys nlicatiOn Is concerned, adding that II
tc "ges 'icved thutany good could be accom-
piisneu IA taut late day they would consider re.
| yersal Of Judge Wallace's decision proper. Had
| this decision been rendered within the time pre-
scrlbed by the Constitution, and not after the bal
lots were destroyed, MuCkcy would not now find II
| necessary to appeal to Congress for justice. Peo-
| pie interested III the political condition of the
south Will find interesting and instructive read
| Ing In the yoluminous testimony bearing upon
| this case