Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-05
Ro,tse of Represe,.tetires.

House of Representatives..
WASHINGTON, Dec. 4.-Mr. Converse said
he had been requested by Mr.. Manning to
ask unanimous consent that the question
of prima facia right to seat be referred
to the committee on elections, with instruc
tions to report at the earliest day possible.
MIR. Keifer asked that the case of
Chalmers be also referred.
Mr. Converse's request in the form of
resolution referred to the committee on
elections ell papers in the case, with in
structions to report Immediately, whether
on prima facie case presented, either
Manning or Chalmers is entitled to be
sworn as member pending the contest
as to the merits end not to affect the fna!
right to seat, was adopted.
The delegates from the territories ap-
peared before the bar of the house and
were sworn in.
Mr.. Springer offered resolution to refer
to the committee on elections, when ap
pointed the memorial of the governor of
Kansas and others presented yesterday,
and the papers presented by the clerk Of
the house in regard to the election and
qualifications of Mr.. Peters, of Kansas,
with instructions to report whether Mr..
Peters is eligible. II not, whether the
contestant Wood is entitled to seat.
Adopted. A resolution was adopted pro-
vidng that the rnles of the forty seventh
congress be the rules of the forty eighth,
until two weeks from the appointment OF
the committee on rules.
The Democratic causus nominees for
minor Offices were elected and sworn in.
committee consisting of Messrs. Cur
tin, Blackburn and Hiscock was appointed
to wait upon the president and inform him
that the house was organized and ready to
receive any communication he was pleased
to transmit.
The business of drawing seats was pro-
ceeded with.
Recess till 8 p. m.
Upon completion of the drawing Mr..
Dunn offered resolution appointing a
committee Of fifteen members to be known
as the committee on rivers and harbors,
to which will be referred the propositions
for the improvement of rivers and harbors.
Referred to the committee on the rule when
appointed.
The speaker appointed as committee
on mileage: Messrs. Moulton, Wellborn,
Glasscock, Ranney and Miller of Pennsyl-
vania.
Mr.. Tucker offered resolution for refer
ring to the committee on elections, when
appointed, certificates and all papers re-
lating to the election of q representative
of the first district of Virginia, with in
struction to report as early as possible as
to which of the rival claimants, Mayo and
Garrison, to the seat, has the prima facie
| right, reserving other party privilege of
| contesting the case On its merits.
At this point the committee to wait up
on the president, announced they were
present to communicate to the house his
message IN writing. The presidents
| secrerary appeared and presented the
presidents message.
! The consideration of Mr.. fuckers reso-
| luton being entered upon, Mr.. Caikina
contended that the prima facie right had
! already been settled by the swearing IN II
| Mr.. Mayo On the previous question be-
ing seconded.
Mr.. Keifer spoke in opposition to the
resolution, contending that should Is be
adopted and Mr.. Garrison allowed the
prima facie right TO the seat and Mr
Mayo be deprived of all power to contest
This wac the plan by which the man waI
already sworn in could be unseated on ths
prima facie case, and forever deprived o.
his right to contest. The house shoule
hesitate before it undertook to put any
gentlemen in that positition.
John S. Wise asked his colleague whethe
there was any question as to who has th'
prima facie title.
Mr.. Tucker answered yes.
Mr.. Springer said he understood Gar
rison made the contest on the prima faci,
right as we'll as the right on its merits
Now the house was organized; it was t.
Judge of everything which pertained tt
the right of a member, and would th
house allow the returning board to usurl
the authority of the house and disfran
chise whole communities in the granting
of prima face certificates. If there eve
had been an arbitrary exercise of quas
judicial power By the returning board
was in this case.
Mr.. J. s. Wiss said, the only case frou
Virginia which the question of the return
ing boards raised, was the case of Plat
against Goode, when Platt was elected bu
Goode given the seat by the Democrat
house. 1t came with bad grace from tn
other side to make statement of fraud
in the returning boards which are berom
ing too common in Virginia. Mr. May
was declared on the certificate which al
loved him to oe sworn in, which was iden
tical with that presented by his colleague
Tucker. He asked in common justic
that the house deal with his case fairly
for he wonld be sorry to have to say tina
he belonged to body of men who so ia
forgot what was right, and had decide
pom the case IN advance, merely, becaus
the belonged to the minority.
Mr. Calkins appealed to the gentlema
from Virginia, Mr.. Tucker, not to establis
q precedent which would endanger ever
T man On his seat after the clerk of til
, house had put his name on the roll, and b
t sworn in. Prima faoie right was pes ae
4 iudicata.
, At the suggestion of fMr.Randsll, the maj
ter went over till tomorrow, and the reac
3 ing by the clerk of the presidents mel
5 sage, which was ordered printed an
. referred to ths committee of the who'll
!, Adjourned.