Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-10
THE IDAHO sENAroRsHrr.
A Protest From Mem bsrp of the I~ri~issurx
Against Dabois Taking Hss Scat.

Protest From Mem bsp of the I<-rs~issurx
Against Dabois Taking His scat
The Vice President today laid before the
senate communication from Mc~,rs. w. II
Ciasett and }. r. Lamar. transmitting . pro
test signed by twenty-three member Of the
Legislature Of Idaho protesting ss.in,, allowing
Hon. Pred. r. Dubois 70 take his seat in the
Senate. The communication treats az length
the facts and questions arising out Of and
leading mp 70 the election Of Mr.. Dubois
and quotes the Journals Of the two hoases Of
the legislature prior 70 the Joint assembly, and
the subsequent action taken BY that BODY. The
protest says:
We. the undersigned members Of the ars,
session OF the legislature % the state OF Idaho,
respectfully protest against the admission Of
the Hon. +. L. Dubois 30 q seat in the Senate 81
the United States as senator from that STATE
Of Idaho for the term beginning on the sth day
of March. 1891. on the ground hat he had not
been legally elected such senator. and in ssp-
port thereof we respectfully show:
ALLEGATIONS or THE rRorrsrAxr
First, that the first session Of the legislature
OF the state Of Idaho convened at the cspi-
tai Of the state at II O'Clock noon on Monday,
the sth day Of December. 1880, by proclAma-
ton OF the governor OF the state: second. thai
the senate did not organize on Monday, Dec 8
lssO and was not organized until Tuesday the
9Th day Of December, 1880, on hich dsy for
the iirst tame 10 organized by the election OF all
It's officers except the presiding ofscer, who IL
designated by the constitution. and on that
day sent notification Of the fact OF its organixa-
ton TO the other branch OF the Legislature and
TO the executive.
Third That therefore. on the 18Th of De-
cember. 1880. concurrent resolution vas
passed by the Senate &C. the effect that the re-
specuve houses Of the legislature would pro
ceea on thursday. the 10th day Of December,
to elect United States senator which re.olut,or
was ccncurred In by the House Of Representa-
tives
Fourth. That on December 10. being the
first Tuesday after the organization OF the leg
islature, AS above stated. each house OF the beg
S ssis.ute Voted Tor The election Of one United
States Senator and adjourned. On the next
day, "Wednesday. December IL. 1850 the two
houses met IN joint assembly and the Journals
Tor each house being road. IL
was shown that no person had
house. and the joint assembly Their -.rocecTed
to vote Tor one Senator, and no person receiy-
ing majority Of the votes cast the ioins as
sembiy adjourned 10 meet the next slay.
Fifth. That the two houses Of the legislature
i met Tor inc second Time IN Joint assembly on
Thursday, the 18th day of December 1891. and
by resolution proceeded TO elect two SENATOR
70 MI the existing vacancies for the state Of
Idaho, after which the joint assembly imme-
unteiy proceeded against the protest OF mem
bers present who objected thereto because the
JOINT assembly had no legal right so 20 do until
the second Tuesday after Organization of the
Legislature 70 elect senator for the term COM
mencing on the 4th day Of March, 1881. and
the Hon. Fred I. Dubois was declared elected
Ana your protestants respectfully show that
said pretended election was had before the
second Tuesday after the organization of the
Seahte, 20 w.t. the 23d day of December 1880
That neither house OF the legislature had voted
Tor or named any person as senator for said
term ne required by chapter OF title Of the
Revised Statutes Of the United States
and the election of senator for
said term, beginning March 4. 1881. had never
been agreed 10 or considered fayorably by
either house Of the legislature. bu; was first re-
solved upon in the joint assembly convened for
the election of Senators 20 NH the existing va
cancies, and was proceeded with against the
protest and objection of members Of the JOINT
assembly on the ground that snch election ut
that tune was not authorized by law
Your protestants, therefore. pray that the
Hon. Fred t. Dubois 6e not admitted Ia a seat
IN the Senate Of the United States ~ a senator
for the state of Idaho. (SignedD ]. X. Lamar,
J. J.. Langrisbre, John Haniys, George w.
Emery, James T. Cameron, A. l.. Schofeld,
Carey ID Porter, Joseph Hawkins. james NJ
3allentine, Frank Strunenberg, II. Armstrong,
II. NJ. Casey, j. I. Dryden. W. VI. Smith. j. C.
Martin, L. - Jewett. lssac Irwin. T.. W. Jones.
stephen Dempsey, Green White. Ira \. sperry,
VIM. Wing. The communication was referred
to the committee ON privileges and elections.