Los Angeles herald., 1890-08-04
DECLARED VACANT,
Clifton R. Breckinridge's
Seat in Congress.
The Majority Elections Com
mittee's Report.
'ClaytOn's Murder Laid at the Door of
His Political Opponents.
The Hooper Theory Discredited--A Spe-
cial Law for Contested Elections
Recommended
Associated Press Dispatches. |

WASHINGTON, August 3.-Representa-
tive Lacey, of Iowa, has prepared for
submission to the house the majority
report of the elections committee upon
the Clayton-Breckinridge contested cleo
ton case and the murder of the Repub-
lican contestant. Commenting on Clay
toms murder, the report says Gre
wards were offered, and the community
OF Morrillton passed appropriate resolu-
tions, but no earnest attempt to bring
the murderers to justice has been made
by the local authorities. The efforts of
the governor have been in vain.'
Next the report refers to the killing of
Smith, a negro detective, who was in
vestigating the ballot-box theft, and
George Bentley, brother Of T. Bentley,
who was suspected of being one of the
thieves. George Bentley at the time
was negotiating with the Pinkertons to
give evidence and expose the guilty
parties, when he was said to have been
accidentally shot by his brother. The
report says there is no direct evidence to
show any criminality in the killing of
Bentley, but declares it unfortunate that
these two killings occurred while the
men were about to give evidence to
detectives.
The theory that Clayton's murder was
due to the enmity OF one Hooper is
taken up, and the report says it clearly
appears that Hooper was not only in
California when the murder occurred,
but i'll with disease. The theory, says
the majority, was naturally pleasing to
the contestee (Breckinridge), though the
friends of Col. Clayton very naturally
complained that so important clew
should have been concealed for ten
months from them, and only made
known when the congressional investi-
cation began.
The report, continuing, says: "No
reasonable explanation OF the murder
appears except that some of the ballot
box thieves, finding the taking of testi-
1nony proceeding, killed Clayton to sup
press Investigation. No other motive
is possible. The necessity OF the enact
ment of some law which will prevent
ballot-box stealing and murder from
conferring prima facie title to a seat
result of this contest. Had such laws
prevented the contestee from taking his
seat with such title, no one would at
tempt to confer such title, by stealing
ballot-boXes. Evidently ballot-box steal
ing was looked upon as a joke in that
country, until the awful consequences
that resulted have appalled, the good
people of the country. No doubt some
of these men would have been deferred
from taking the first step in the crime if
they had realized that murder would be
the end. But they crossed their Rubi-
con. Breckenridge got a seat in con-
gress, and one crime followed in the foot
steps of another. The least guilty of
the criminals dare not expose the more
guilty, lest the fate Of Clayton should
overtake them.
''The murderers of Benjamin, a we'll
known Little Rock Republican, who
was killed while comforting with local
Republicans with regard to bringing
ballot-box thieves to justice, must be
well known, for large number OF per-
sons were present, but they are not in
dicted. No indictments have been
found under the state election laws for a
ballot-box crime. Murderer Smith is
discharged without trial; the killing of
Bentley has not been investigated, and
the only man whose crime is punished
is Wahl, a federal supervisor, who was
indicted for playing cards when he was
shot. That men can be found lawless
enough to commit these crimes is to be de-
plored, but when men of high character
and standing compfacently avail them
selves of the fruits ofsuch crime, and the
control of the national house OF represen-
tatives is made to turn upon such
methods, it no longer remains mere
matter of local concern, but arises to the
magnitude of national calamity"
'The present case" continues the re-
port, "has attracted national attention.
Never before has a contest for seat in
congress been terminated by the bullet
of an assassin. If such methods were
submitted to in silence-the party bene-
fitted by the crime and his partisans
quietly and without dispute retaining
the benefits of the death of his competi-
tor-a new element would be introduced
into our form of government"
A resolution accompanying the report
declares the seat vacant.