The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-08-15

matters of fact alleged by the proestants in
connecton with the manner in which the election If the
~ - member was had denied by him. and that it be-
ecessary In the opinion of the committee to take
~ .smony OF persons residing in the State of Indiana
ne oetter ascertanment of these disputed facts For
Il - u u.s. among other things alleged by portion of
.s pvstants that there joint convention of the
Fl ls.s ses OF SAID general assembly said day which
IS ~ 10 dispute took place. and that minority only
Of the legally sitting Senators of Indiana participated IN
u eectlon which statements denied by the sitting
MEMBER and he afrms, the contrary that he was
70 said office by majority of all the members COM
the Legislature of the State they being then and
or that purpose assembled in joint convention and that
II ne was elected whilst in such joint convention by major
ny OF the legally qualified members of the Senate of the
oaoe ana OF the legally qualified members of the House of
respectively For the proper ascertain
nent OF these contested facts and the better calculation of
ne matters in dispute contained in the several protests
herewith submitted and the reply of the Hon. Graham
Fitch your committee recommend that leave be given to
take testimony in the City of Indianapolis state of In
dana and recommend the adoption of the following
|" oldtion."
The resolution provided the taking of testimony as
to the disputed facts
There was resolution finally passed authorizing the
taxing OF testimony in the The testimony was
taken and the committee reported that Graham N Fitch
the State of Indiana, entitled to their seats
The findings Of facts stated in the repor of the
committee, is the testimony reported in Ta Election
Cases to which refer. But from the report of the
mittee sustaining Mr. Fitch, it is reasonable to suppose
that his contention as to the facts sustained
Mr.. Eustis from Louisiana was admitted to his seat in
December 1877 upon election by the House of Repre-
senatives and minority of the Senate The committee,
in their report Tafts Senate Election Cases, $685. say
find hot oft no
to take part such in said election and although minor
ty of the Senate only did take part in it, yet there
substantial compliance with the act of Congress Of 1885,
Upon the consttuonaity of that act your committee ex-
press no opinion The Senate has repeatedly however, by
its action affirmed it's consttutionaty and your commit
feel bound by the precedens which the Senate has
" established"
The implied doubt in the minds Of the committee as to
the consutonaty of the act in substantial compliance
with which they report Mr. Euss elected, although only
minority of the State Senate participated, significant
The Senate may we'll have affirmed the constutonaty of
the act without holding such election to be valid The
committee close their report with the following paragraph
This has long been vacant Mr. Eustls Is the only
person who appears claim it. The lawful character OF
the Legislature which elected him is admitted His cleo
ton was substantially in compliance with the OF Con-
gres No appears to contest his right to seat IN
these circumstances your committee believe that Mr.
luton to that effect and recommend its passage"
The fact that the seat had long been vacant and that
there was no contest for doubtless had much weight with
the committee and the action of the Senate in seating Mr.
Eustis.
W. P. Kellogg and H. M. spoford each claimed to be
elected by the Legislature of Louisiana which convened
in 1877 majority of the Committee on Privileges ana
Elections reported in favor of Mr.. Kellogg While such
report shows that Mr. Kellogg was elected by joint as
sembly composed of majority of the House and minor
v Of the Senate the constitutional objection to such an
election does not appear to have been raised Inc main
considered and treated by the reports OF the ma
ortv and minority of the committee which cover many
involving the heated political when
s ont Of the elections of 1876 which was legal OF
fba two rival bodies each claiming to be the
one known as the Packard, Republican Legislature
md The other the Nichols, Democratic legislature
~ ormeer claimed to have elected Kellogg, Republican,
and the latter spofFord, Democrat to the Senate
ome appreciation may be had OF the confusion ana po
excitement involving the condition OF affairs out OF
lie contest arose by the following from the minority
i election was held in the State OF Louisiana on the
a rxt M ~ November A. D. 1875, for Governor and
III