The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1890-02-08
LAMPsON OUsTED.
Marquis Wins the Contest for Lieu.
tenant Governor of Ohio.
Tho Contest Decided by Party Vote
Amid Scenes of Great Confusion-
Republican Senators Protest
The Case to Go to the Su-
preme Court.

COLUMBUS Jan. 3O.-AJeleven oclock
to-day the Marquis-Lampson contest
was formally taken up. Mr.. Voris.
one of the counsel for Mr.. Lampson,
called attention to the fact that the ex-
ceptions taken to the Offering of certain
alleged testimony did not appear on the
Senate journal, althougb he Chair had
promised that they should be noted.
"The Senate approved the journal and
1t must stand" said Mr.. Adams. Mr..
Converse read part of the summary and
was then relieved by Mr.. Powell. AS tho
beginning of each deposition was reached
Mr.. Kerr entered an exception to the
reading of the summary and asked that
his exception be noted on the journal.
The Chair paid no attention to what he
said except to answer that the excep-
tion and objections would be passed
upon by the Senate at the proper time.
At 1890 the counsel for the contestor
rested their case, so far as the reading
of depositions was concerned. An at
tempt was made to postpone the hearing
but the Chair would not entertain
motion from the Republican side OF the
Senate. Judge Nash offered a motion
to dismiss the entire case, because the
contestor had submitted without offer
ing evidence which was read to or heard
by the Senate. The Chair overruled the
motion and an exception was noted.
The Chair then announced that, ac-
cording to the rules adopted by the Sen
ate, the contestee must now present his
deposition testimony, after which oral
testimony would pe presented by the
contestor and then by the committee.
To this Judge Nash objected, and quoted
paragraph five of section 3O14 of the Re-
vised Statutes, which provides that "the
contestor in such case shall first intro
duce his evidence and that the contestee
shall then introduce his"
Judge Nash called w. r. Coates, deputy
clerk of Cuyahoga County, but his evil
dence was not allowed, the Chair hold
ing that the oral evidence must all be
presented to the Committee on Privi-
leges and Elections. The attorneys for
Mr.. Lampson refused to offer their
deposition testimony first and the SEN
ate, by party vote, agreed to close that
part of the testimony. During short
recess the Committee on Privileges and
Elections heard the testimony of Colonel
w. A. Taylor. The contestee refused to
| offer testimony to the committee. This
testimony was read to the Senate as
| follows:
| Colonel w. A. Taylor was questioned by Con-
verse, attorney for contestor Question-State
your name, age; occupation; and residence:
Answer-William A. Taylor, hfty-on years or
age, journalist, and at present clerk OF the
Senate of the State of Ohio, reside in Colum-
bus.
Question-Were you present at the joint ses
sion of the House and Senate that counted the
vote of State officers for the present month";
Q.-State whereupon you can give the Senate
and this committee the official vote as declared
and published by Mr.; Lyon late Lieutenans
Governor, who counted this vote.
Al have In my possession the official record.
Q.-Pease give 1T.
A-At that election, as presided over by
William G. Lyon, Lieutenant Governor as the
president L. l.. Lampson received 375, 0a' votes,
| William c. Marquis received 3'5,OG9 votes, l.. B
Logan received 26,57S votes. and Francis l..
Rice had 1, 100 votes for the office of Lieutenant
o.-What plurality does that give as sn-
| nounced by Lieutenant Governor Lvonf
| Alt gives n. l.. Lampson n plurality OF
twenty-five votes.
Mr.. Converse then said: "Mr. Chair
man, we now offer in evidence the alb
stracts which were returned upon the
several counties to the Lieutenant Gov
ernor, and which were opened and count
ed by Lieutenant Governor Lyon at the
time the above result was declared"
The Chair persisting in his refusal to
admit oral testimony before the Senate,
Mr.. Kerr offered the following protest,
which, however, the Chair refused to
receives:
We, the undersigned Senators of the Sixty.
| ninth General Assembly of the State of Ohio,
| do hereby protest against the ruling of the
! chair in refusing TO allow the contestee and his
| attorney in the election contest of William V.
! Marquis VS.. Ebert l.. Lampson TO introduce to
| the Senate and in the hearing and presence Of
! the Senators, the oral evidence profered by
said contestee to sustain his side of contest,
| and we protest against said action OF the
| chair in ruling said evidence out: and also to his
| ruling and the action of the Senate in referring
| all oral evidence to be introduced to the Com
mittee on Privileges and Elections instead of to
the Senate itself.
We also protest against the action OF th&
| chair and Senate in refusing to require contestor
| to read his evidence in the dispositions con-
| tanned instead of allowing him to read simply q
| summary Of such evidence instead of the de-
positions; and also that the Senate was not
| permitted to hear read the said dispositions
| signed by the Republican members of the Sen
| ate.
The arguments then began, Mr.. Pow
ell speaking for the contestor. Judge
Nash protested against the whole pro-
cedure and refused to make any argu-
ment on the ground that his client had
been given no hearing. Mr.. Converse
made few remarks in regard to the
custom of presenting summaries of de-
positions and in regard to the nature of
the contests. President pro tenn. Adams
then stated the question according to
the statutory provisions as follows
Senators: You who are OF the opinion that
| William V. Marquis, the contestor. was on the
| first Tuesday after the first Monday In Novem-
| ber In the year 1885, duly and legally elected to
| the ofice Of Lieutenant Governor of this State
| for tho constitutional torn of two years, begin
| year 1890, will, as your names are called, say
haye;" those OF contrary opinion viii, say
| "no."
The vote was then taken on the
chairs proposition and the result was
strict party vote, IS ayes and 10 nays.
When 1t was declared carried the Chair
put this proposition:
| Mr. President; May be permitted by con-
sent of the Senate to say wordy' Voices,
Mr. Lampson-I simply wish, Senators, to
state briefly my view of the legal situation I
| do not expect to disobey any legally constituted
| authority, but the position OF myself and my
| attorneys is that the only way provided by
| or unseated from a State office to which he
| has been legally declared elected is by what
| Is known ip the Statute as trial by
| contest before the Senate. No trial by con-
| test such as Is provided by the statute having
| been had before the Senate OF Ohio, therefore,
claim to be the legally elected Lieutenant Gov
| ernor OF the State OF Ohio, and shall continue
| to demand the right to exercise the duties OF
| the ONCE until such time az the Supreme Court
| OF this State shall determine that o trial by
| contest has been ha1. Further Senators, j
| wi IN n I "A nftta ax N mi