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

Republican, were rival claimants for the seat in the United
States Senate from South Carolina The controversy
to which of two bodies the legal House OF Repre-
sentatives. One known the Wallace, Democratic
House, presided over by Speaker Wallace, recognized
Hampton Governor The other known as the Mackey,
Republican House, presided by Mackey Speaker
recognized Chamberlain Governor. The Wallace House
and minority of the Senate III members) elected Butler
and the Mackey House Claimed by the Democrats to be
minority and OF the Senate elected Corbn The
credentials OF both claimants referred to the Commit
tee of Privileges and Elections
Before the report by the committee Buffers
withdrawn from their consideration and he was seated by
IA vote of the Democrats, with two Republican mem6ers-
Messrs Conover and Patterson The for the With
dawa of this from the committee by the Senate do not
appear in Ta Senate Election Cases. to which have ref
The Democrats who voted against the seating
of Kellogg voted to seat Butler, and the Republicans
who voted Kellogg voted against the seating Of
Butler, with two exceptions above mentioned.
Corbns afterwards reported by the committee
The majority report in his favor reported that he e
gally elected by majority and quorum of both houses,
and that Butler not elected stating, among other ~
sons But admitting all that is claimed by Mr. Butler for
the Wallace House Carolina Hail. that it lawfully
organized and had quorum of the House present, STILL
while this would invadate Mr. Corbns election it would
|" make valid Mr.. Buffers election. The single and
isolated House of Representatives of South Carolina can
by process of reasoning be held to constitute the
Legislature of the State The Constitution of that State
requires Senate and House of Representatives for that
purpose but the Wallace House had Senate to recog
nize it, It stood isolated and aone and standing, it
could originate no lawful action 1t could no more elect
|" Senator than it could enact laws"
This position taken by the Republican majority OF
the committee composed Of the members which,
the Eusts case reported in his favor and declared that
they express opinion to the consttuOnaty OF the
act of Congress, and the majority personally of the
committee that reported in favor of seating Mr. Kel
log who, they found had majority Of the House but not
The Democratic minority of the committee in the Cor
bin reported against his election because they both
fact and in law therefore, SO quorum of tire
house to do business and Mr. COrbn not elected by
| legal Legislature"
They took the position Mr. Butler that the action
of the Senate in seating him adDu1icoa.
Thus the Republican ority of the committee
declaring that Butler elected because the Senate as
organized body did participate and the Democratic
minority declaring that Cobn was not elected because the
the committee practically holding that quorum of each
house is necessary participate in the election of Senator
Within few days after the reports were made and be-
fore action thereon by the Senate Mr. Corbn withdrew bis
claim and no further action had
In the Montana again find the contest to
which was legal OF two rival legislative bodies which were
Republican house, and the other the Courthouse Demo
cratic house. The Senate equally divided politically
Fifteen members of that body met with the Republican
House and claimed elect Messrs Powers and Sanders and
fifteen other members of the Senate with the Demo
cratic House and claimed to elect Messrs Clark and Me
Mss Neither sde with the hope of seating respective claim
ants could afford to take the position that majority of the
Senate necessary elect The question which of
the houses claiming to be the House of Representatives
had quorum and therefore the legally organized House,
Silver Bow county The five Democrats who claimed BE-
elected acted with the socaed Democratic House, and the
five Republicans who claimed be elected acted with the
so-caled Republican House.
The report of the majority of the Committee Privi
eges and Elections to whom this referred by the
Senate The whole case, therefore, upon the
question which of these two sets of five persons
titled to sit in the House of Representatives from the
county of Silver Bow take part in the organization and
other proceedings down to and including the time Of the
election of Senator'S" The Republican majority
mtee reported that the Republicans from Silver county
were elected and that the Iron Hall House legal and
consequently Messrs Powers and Sanders entitled
their The Democratic minority of the committee IT,
ported that the Silver Bow Democrats were duly electe
that the Courthouse House of Representatives the
legal House, and Messrs Clark and Meginnss entitled
their The question decided by the Senate BY
strict party vote and Mess Powers and Sanders were
seated.
have thus given the Senate which, far Fam
aware bear upon the question of this investigation 1t IL
true that in certain of them claimants seated where
quorum of the Senate did participate in the election
It equally that in nearly all Of such party lines
were strictly drawn, and, it cannot be doubted largely III
fuenced the result.
Notwithstanding the results which have been reached in
certain and the dictnm of Senate committees far
my investigation extends there is noticeable absence of
argument to sustain the position that Senator may be
elected in conformity with the requirements Of the Cdnst