The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-01-24

| development aud wealth.
This scheme is well worthy the
attention of our present legislators
and should not be left for their sue
cessors to mature and put into ex~
ecution.
The Chalmers-Map ming Contest.
The case of Chalmers VS.. Manning
will probably come before the Com
mittee on Elections of the House OF
Representatives. this week in COM
pliance with the resolution adopted
last month requiring the committee
to report upon the prima facia case.
That resolution read as follows:
90 to report Immediately
whether, upon the pr5ma facia case
as presented by the certificate and
all the papers in the contested elec-
ton case of Chalmers VS.. Manning,
the said Manning or the said Chal-
mers is entitled to be sworn in as
member pending the contest on its
merits"
The brief fled in this case by
Edward M. Watson, Esq, of Holly
Springs, Attorney for Col. Manning.
is very powerful and exhaustive,
showing fully the right of the party
holding the certificate to be recog-
nized as entitled to the Office and its
emoluments, until, in the language
of Judge McCrary in his admirable
work on elections, "the election be
ing set aside, or the person holding
the certificate being held not elected,
by tribunal Of competent risdic-
ton, the commission falls to the
ground" In other words, to con
tinue the quotation from this distin-
gnished author, "the peison dnly
commissions must exercise the
functions OF the Office until upon an
investigation upon the merits of the
case it is judicially deterpiinedso dsother'
wise
The result of this primary action
of the Committee on Elections will
doubtless be to seat Mr.. Manning, as
ths presentation Of certificate IN
proper form from the Governor OF a
State constitutes in itself such o
prind fttcia showing as will author
ize the committee to mike favor
able report, and the House to con-
firm it. This will not however
change the relations of the parties
to the contest in their fight for the
seat when the case comes on for
hearing before the committee upon
its merits, for then the testimony
taken in the District and elsewhere
will be admitted and considered, and
the committee will try the case
Judicially, giving to the parties the
full benefit of all that has been es.
tablished by the rules and precedents
of the House.
Nor will this decision in any way
weaken the position of Gen. Chal-
mers or strengthen that of Col.Man.
ming, for the contestant in framing
his case proceeds upon the just and
legal hypothesis that Manning is in
full possession OF the seat and has
been in such possession ever since
the 4ih of March 1883; aud there
fore the whole plan of his battle is
to GUST him. The possession of the
certificate confers upon Mr.. Manning
the right to enter upon service at
any moment without waiting for the
report of the committee, for. he has
but to file that paper with the CLERK
and advance to the front and take
/ the oath, in order to be entitled to
all the rights pertaining to a Repre-
sentative in Congress, and could
have done so when the House was
organized, but he had pledged him.
self to the course he has adopted,
preferipg to incur any hazard that
those who hold d fferent views in re
gard to the matter may think per
tains to the case.
AS to the fnal result Of the con-
test, when the case comes up for trial
upon its merits, there are various
opinions, we think it more than like
ly that after hearing has been ac,
corded in the lorinaa f4cia case, the
matter will be set aside to make way
for the contests "upon the merits
that have come up from Virginia,
Kansas, and the other States, and
that Chalmers and Manning will not
be accorded final hearing until the
second session of the ASth Congress
In other words this case may not be
finally settled until after another
election shall have been held fol
Congressman who will enter upon
their terms on the day on which a
President to succeed Chester A.
Arthur, shall be inaugurated.
Those unhoppy persons who suffer from ner.
vousness and dyspepsia should use Carters LII
tic Nerve Pills, which are made expressly for
sleepless, nervous, dyspept5 sufferers. Frief
20 cents, all druggists.