St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-11
A Squad Of Idaho Legislators
Petition Against Seat
ing Him,
Claiming That His Election
AS a Third Senator Was
Entirely Illegal.
Congressman Kerr Called to
Time for Statements About
Missouri.
A Gentleman From Kansas
Would Investigate the
Railway Presidents.

WASHINGTON, Jan. 10.-The vice
president laid before tine senate to-day
the protest of twenty-three members of
the legislature of Idaho against the seat
ing of Fred T. Dubois as senator from
that state. The protest asks: 1--WE, the
undersigned members of the first ses-
sion of the legislature of the state of
idaho, respectfully protest against the
admission of Hon. F. L. Dubois to a
seat in the senate of the United States
as senator from the state of Idaha, for
the term beginning on the 4th day of
March, 1891, on the ground that he has
not been legally elected such senator,
and in support thereof we respectfully
show: First, that the first session of
the legislature of the state of Idaho was
convened at the capitol of the state at
12 O'Clock, m, on Monday, the Sth day
of December, 1890, by proclamation of
the governor of this state; second, that
the senate did not organize on Monday
Dec. 8, 1890, and was not organized unr
til Tuesday, the 9th day of December,
1890, on which day for the first time it
organized by the election OF all its of
ticers, except the presiding officer, who
on that dav sent notification of the fact
of its organization to the other branch
of the legislature and to the executive.
Third-That thereafter on the 18th day
of December. 1890, concurrent resolu-
tion was passed by the senate to the eff
feet that the respective houses of the
legislature would proceed on Tuesday,
the 10th day of December, to elect
United States senators, which reSOlu-
ton was concurred in by the house of
representatives. Fourth-Thato on Tues
day, Dec. 16, being the first Tuesday
after the organization of the legislature,
as above stated. each house of the legis-
lature voted for the election Of one
senator and adjourned. On the next
day, Wednesday, Dec. II, 1890, the
two houses met in joint assembly
and the journals of each house being
read, it was shown that no person had
received a majority of the votes in
either house, and the joint assembly
then proceeded to vote for one senator
and, no person receiving majority of
the votes cast, the joint assembly ad-
journed to meet next day. Fifth-That
the two houses of the legislature met
for the second time in joint assembly on
Thursday, the 18th day of December,
1890, and by resolution proceeded to
elect two senators to fill the existing
vacancies for the state of Idaho. after
which the joint assembly Immediately
proceeded against the protest of mem
bers present who objected thereto, be-
cause the joint assembly had no legal
right so to do until the second Tuesday
after organization of the legislature, to
elect senator for the term commencing
OIL the fourth day of March, 1891, and
Hon. Fred L. Dubois was declared elect
ed, and your proteStants respectfully
show that said pretended election was
had before the second Tuesday after the
organization of the senate, tO-wit, the
23d day of December, 1890; that neither
house of that legislature had voted for
or named any person as senator for said
term, as required by chapter of title
Q of the Revised Statutes of the United
States, and the legislation of senator
for said term, beginning March 4. 1891,
had never been agreed to or considered
favorably by either house of the legis-
lature; but it first devolved upon the
joint assembly convened for the election
of senators to fill the existing vacancies,
and was proceeded with against the
protest and objection of members of the
joint assembly on the ground that such
election at that time was not authorized
by the law. Your prOteStantS therefore
pray that Dubois be not admitted to the
senate of the United Ststes for the state
of Idaho.