The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1891-03-28
THE TRIBUNE.
CALDWELL, IDAHO, MARCH e. 1891
PUBLISHED SATURDAY ~
.Ste.nen6erg Bros, Propri<tors.
subscription, $500 Per Aness1".
Entered At the Post once 1t Caldwell, Idaho.
- second. clsss mail matter.
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CLAGETT VS.. DUBOIS.
Text of tho Formers Mem0r.
ial to the u. s. Senate.
Facts Upon Which he. Bases
His Claim to the Seat.
The. Controversy in Full.
Text of the Formers Memoir.
ial to the U. s. Senate.
Facts Upon Which he. Bases
His Claim to the Seat.
The. Controversy in Full.

To the Senate of the United States:
Your memorialist, the undersign-
ed, W. H. Claggett, citizen of the
U. s., and a citizen of the
State Of Idaho, respectfully sub
mits to the Senate the following
memorial in support Of his right to
a seat as Senator from the State of
Idaho for the term beginning
March 4, 1891.
The facts in the case, and also
the provisions of law affecting this
contest, may be- summarized as
follows:
The State of Idaho was admitted
into the Union by act of Congress
Of date July 8, 1890. Previously
to the enactment of said law admit
ting the State, the people of the
Territory had adopted the Consti-
tuition which is referred to in said
act of Congress admitting the State.
The 14th section of article XXI. of
said Constitution, contains the fol-
lowing provision:
''Within ten days after the organization Of the
Legs AZURE, both Houses Of the Legislature shall
then and there to as provided
Mate Of Idaho. At said election the two persons
who shall receive the majority Of all the votes
Sc cs ned sacs shall
said Joint session The presiding oticers Of the
senate and House shall issue certificate to each
and attested BY the secretary sk Of State:
A portion of the act of Congress
admitting the State into the Union
reads as follows:
hereby declared to be State Of the United States
Of America, and Is hereby declared to be admit
ts s 10 % with the
the Constitution which the people Of Idaho have
formed for themselves be, and the same is here.
by accepted, ratified, aud confirmed.
Section twenty of said act admit
ting the State, reads az follows:
SEC. 20. That the Legislature Of the said
may ssSt sTG ~ sf s & The g 6 s
Of said State shall be entitled to seats In Congress
:s & p Sc : sss s. It i &c
greSs Of the United States
Sections IA, Is, 16, and II,
Of the Revised Statutes of the
U. S. read as follows:
z
y chosen next preceding the expiration Of the
time for which any Senator was elected to repre-.
sent such State y Congress shall, an the se,ond
it ne meeting and
a., ses r. Such election shall be conducted In
t.e following manner: Each House shall openly,
name one person for Senator in Congress from
such State, AMI the ctNe u the person so voted
ior who receives majority Of the whole number
the Journal Of that Honse by the clerk or secre.
tary thereof; Or II either House falls to give such
majority to either person on that day. the fact
meridian Of the day following that on which nr"N
ceedings are required to take place as Aforesaid
the members OF the two Houses shall convene In
sa tSsn Se ye anu an 1he Journal thn Of each House
Teceyei majority q iii the votes II tssS H. -
he shall be declared duly elected senator, m
the votes in each House, or II either House has
failed to take proceedings required by this see
ton, the joint assembly shall then proceed
TO choose - person for Senator >
''Sec. 10. Whenever on the meeting OF the
legislature Of any state a vacancy exists In the
representation II such State in the Senate. the
legislature shall proceed on the second Tuesday
after meeting and organization to elect u person
t. NIL such vacancy. In the manner prescribed In
the preceding section 80
Sec: Y. Whenever during the session Of the
LEGISLATURE Of any State vacancy occurs In the
representation 1t such State In the Senate, sim
ilar proceedings to fll such vacancy shall be had
ON the second Tuesday after the Legislature mas
organized and has notice Of such vacancy
On Monday, December s, 1890,
the Legislature of the State of Idaho
met pursuant to proclamation. On
the first day of the session, the
House of Representatives elected a