Huntsville gazette., 1882-06-10
LOWE SEATED.
The Wheeler-LOwe Contested Elec-
tiOn Case.

The Wheeler-LOwe Contested Elec-
tiOn Case.
WASHINGTON, June 3.--The following
are the preambles and resolution which
Mr.. Springer read in the House to-day
while the case of Lowe against Wheeler
was under discussion:
Whereas, Forty-nine papers called depo-
sitions which are offered in evidence by
the contestant in this case wers never GER
tilted to be dispositions by any commits
sioner, nor certified in any way whatever;
Whereas. Fifty papers, called deposit
tions. in this case have no signature rec
ognised by law;
Whereas, One hundred and twenty
depositions offered by the contestant have
nothing on them to show that any of the
witnesses were sworn, aud none Of said one
hundred and twenty depositions have any
certificate further than the following words:
''Signed before me on the day and year
above written. r. w. Figg, N. P.'
Whereas, In taking thirty of these
pretended depositions the commissioner
refused to allow contestee to cross-examine
witnesses in any way whatever, or to pro-
pound any questions to them in any way
whatever;
Whereas, Fifty of the said pretended
depositions we're taken pursuant to false
notice served on contestee, and said false
notice stating that the contestant would
take evidence at or near Pleasant Hill,
when contestant intended and did take
evidence at place more than six miles
| from Pleasant Hill.
Whereas, the record in this case shows
that in taking said evidence the amenuen-
sis who wrote said evidence did not write
it down as it was given by the witness, but
that he wrote it down to convey a meaning
different from the meaning expressed by
| witness;
| Whereas, In taking 110 of said pretended
dispositions the commissioner refused to
allow important, pertinent and legal ques-
tions to be asked the witness;
Whereas, All these matters appear af-
firmatively on the record in this case, and
are not denied or questioned.
Whereas, 1t is proved that some OF these
pretended depositions have been changed
since the witnesses were examined;
| Whereas, Certain exhibits used in the
evidence by the contestant have been
changed;
| Whereas, The above papers are evidence
on which the contestant relies to secure a
seat in Congress;
Whereas, The essential points in the
report of the majority are based on the
papers above mentioned;
Whereas. None of said so-called deposit
tions were taken as required by the laws
enacted by Congress for taking deposit
tions;
of the United Stntes should not deprive a
member Of his prima flcia right to his
seat, except pursuant to law:
Whereas. The contestee at as early a
day as possible filed the proper motion to
suppress the pretended testimony;
Whereas. The committee has failed to
pass on said motion.
! Whereas Although contestee's counsel
had only taken 80 minutes to argue all the
facts and law in the above canse, con-
testee himself (hough requesting more
time) was allowed but two minutes to
argue his case before the committee
therefore
Resolved, That this case be recommitted
to the committee on elections and that
said committee be authorized to allow the
contestants to retake such of said illegal
evidence as he desires to retake, and that
on receipt Of said evidence said committee
again report to this House; and with fur
ther instruction to ascertain the number
of tissue ballots, or ballots printed on
tissue paper. cast for either party as shown
by said notice. and to report resolution
giving the seat to the person who received
the highest number of legal votes after
rejecting all such tissue ballots.
/ House.
WASHINGTON, d. c., June 3. Immediate
ly after the reading OF the journal the
House resumed consideration of the Ala
bama contested election case of Lowe VS..
Wheeler, Wheeler being allowed the floor
to close the argument IN his own behalf.
He reviewed the law and the facts in the
case. and derived therefrom the conclusion
that he had been fairly and honestly elect
ed as a member of the Farty Seventh
Congress.
i He then yielded to Mr.. Springer Of
Illinois. who contended that if Mr.. Lowe
was to DE seated it would be upon tissue
ballots and gave notice that he would Of