Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-05-01
THE CHINESE BILL.
Formidable Pressure for its Ap-
proyal.
lynch, the COIored Member, Ssated-The
Mackey-0ibble Case-A Peculiar Point
former Ruling in Similar Case
New Postmaster.
THE HARPERS FERRY PROPERTY.

WASHINGTON, April 30.-The Chinese bill
as passed by the Senate. viii have to go
back TO the House, for concurrence in the
few immaterill amendments made by the
Senate. but this will be promptly secured,
and the matter again submitted to the
President for his consideration. A tre-
mendous pressure is being brought TO bear
ON him, for the purpose of having him re-
verse his former decision, his party friends
on the Pacific Coast claiming it is matter
OF life and death with them; but as the
sanre argument, were used before, and the
bill is almost identical with the one he
vetoed, it is difficult to see hcw no can do
otherwise than treat this the same way.
Arthur has a gooj deal OF smiable stub
borness. and has not manifested diSposi-
ton to be crowded into measures; and
while nothing definite is known as to what
he will do many Of his wsrmest friends
are strong in the belief that he will again
veto the measure.
The Lynch -Chslrlers case was decided
Saturday, the former being seated by avote
of l25 10 IS. The next case to come up IS
that OF Mackey yS Dibble from South Ca
rolina. This case i peculiar one. At the
election in the Second congressional dis
trict of South Carolina, held on the 2d OF
November, 1850, two candidates were voted
for-E. w. NJ. Mackey and NJ. P. OConnor.
The State board of canyassers, acting upon
the returns made to them by the county
canyaSsers, declared Mr.. OCOnnor elected,
and the certificate Of election was accord
ingly issued to him. Mr.. Mackey then be-
gan the contest. After the testimony IN
chief of Mr. Mackey and that in reply OF
Mr.. O'Conner had been taken, Mr.. OCon-
nor died, and on the 2Sd of May, 1881, the
Governor Of South Carolina, assuming that
a vacancy was caused in the representation
Of the State by Mr.. O'Connor's death, or
dered a special election 70 fill the same. NJ
that special election, Mr.. Samuel Dib5Ie,
the sitting member. was voted for and re-
TUNED elected Upon the certificate OF
election presented BY Mr.. Dibble he was
sworn IN, under objection, and now occu-
pies a seat in the house as the successor OF
Mr.. OCounor.
The majority OF the committee review
the evidence taken in the contest, and re-
port that Nackey received majority OF g.
97S votes over the number of votes cast for
OConnor. This being the case Mackey
was entitled to the seat, and there was no
vacancy to fill owing to the death OF
O'Connor.
The minority oi the committee take q
different view of the matter. Thy hold
that Mr.. Dibble'S rights are not to b. affect
ed in any way by the ErCOrd in the case Of
Mackey vs.. O'COunor. They argue that,
when it is considered that Mr.. OCOnnor.
the returned member of the November
election. had right to a seat only 50 long
as he lived, and had no Unbeatable or trans
missible interest to be affected after his
death Ii is enough TO state that contest
for his seat after his death is 4 contest ior
something that has ceased to exist.
In the history OF vacancies in Coagre,s
there is only one case which resembles
this one. In May. 1>6T, George ID. B!akey
and Elijah HiSc were opposing candidates
for CONGRESS in the Third district of Ken
tucky, and four days after the election
Mr.. Hise died. Mr.. Blakey appeared before
the State Canvassing board and claimed to
have been elected The board decided that
Mr.. Uise had been elected. Congress as
>emtlcd. thereafter, on July ,, 1867, and
July ;. 1867. a memorial of Mr.. Blakey was
presented to the House asking admission
as a member from the congressional dis
trict, and the memorial and accompanying
papers were referred to the Committee on
Elections, who were instructed by the
House, July H. 1867, in relation to taking
evidence in regard to the same. On
July %. 1861. Congress adjourned until
Nov p. 1856. During this interval, and
while the Committee ON Elections had
under consideration the claim OF Mr..
Blakey to the seat, a special election was
held in the Third Congressional District OF
Kentucky. under wrlts OF election issued
by the Governor of kentucky, to nil the
vacancy occasioned by the death OF Mr..
Hise. and at such special election Mr.. Col
IaIay was elected. and on Nov. q, 1867, pre-
Sented his credentials TO the House. An
extended discussion followed. The chair
man OF the Committee on Elections, Mr..
Dawes. after concediug the ordinary rule
to be that charges touching "the legality
of an election are matters which pertain
to a contest in the ordinary way,
and should not prevent a person
holding the regular certificate from
holding his seat, said: That he did not
see how it was possible to apply the rules
laid down there to this case, without fore
closing. Mr.. Blakey from any further in
vestigation of the question of a vacancy eX-
ist;ng at that time" Other members OF
the House took the position. that Mr.. Cola
day should be seated prima facie. and that
Mr.. Blakey should he allowed to contest
with him the right to his seat. The House
adopted the views OF Mr.. Dawes, and, in
stead of allowing Mr.. Gollsday to be sworn,
referred his credentials To the Committee
on Elections. Eight days afterward Mr..
Dawes presented the unanimous report OF
the Committee ON Elections declaring that
Mr.. Golladay was entitled to the seat.
This report was adopted by the House, and
necessarily recognized that the writs of
election issued by the Governor of Ken
tucky for the special election were valid,
even though the House had under consid-
Grafton the question of the existence of a
vacancy at the time. G.