New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-03
THE IDAHO SENATORSHIP.
CONTESTANTS FOR THE VACANT SEAT.
THE POSITIONS OF MEssRs. DUBOIS AND cLAGGErT
IN THE CONTROVERSY.
IBY TELEGRAPn TO THE TRiBusE7


TBY TELEGRAPn TO THE TMBusE1
Washington. Dec. 2.-The contest TO be made for
Senator Calls seat by exRepesentative Davidson, Of
Florida the appoinee of Governor Fleming Is not tho
only which viii come mp for a decision by the
Senate ut the approaching session Of Congress. Tho
new state Of idaho also sends two claimants for .
single vacant seat, and this contest bears super
fetal resemblance TO the from Florida. In that
tho combatsnts from each state belong TO the same
political party But here the similarity ends, the
points OF law and fact at issue In the two contests
being wholly different in scope and character. Idaho
has been state only little more than year, yet
her first Legislature signaized itself by eecting no
less than four United states senators in a single
month, and a good deal Of crowding became neces-
sary on the part of holders the states two seDa-
oral seats One Senator Mr. Mcconnell had to contens
himself with public OF scarcely two months.
fortunate colleague, Ex-Governor shoup, now
holds undsputed claim to four-year Term,
while the other two senators-clect, Mr. Dubois ana
Mr.. Claggett, struggling for the possession
OF the seat made vacant by McConnelPs speedy re-
trement. OF the two claimants, Mr. Dubois has the
advantage OF having presented earlier credentials ana
thus obtained place the temporary ron OF the
Senate made up by the Secretary. lie has drawn
salary Senator for the last nine months, ana VIII
probably be allowed to take the oath OF Office and
participate in Legislation pending the decision OF tho
Senate on the claim OF his opponent. Mr.. Claggett.
thus made In form, at least the contestant for the
Senatorshp, bases his right 10 1t on the contention
that Mr.. Dubois's election which antedated his own,
was In violation, technically, OF the United states
statute which admitted Idaho, and was consequently
null and void. There seems 10 no dispute about the
facts OF the election the question at issue being one
of interpreting the law governing the choosing o1
Senator'S from the new State.
The Legislature when il assembled found Itself
charged, under the Constitution, with electing two
United states Senator'S, clause in that instrument d.
rectng that the baong should begin before the tenth
day OF the session. 1t known that the two senators
chosen would be assigned by the Senate TO the classes OF
Senators whose terms expired in 1891 and 1895, re-
specuvely, thus giving Of the two service OF nos
more than two months. The leading candidates for me
senate were ex-Delegate Dubois and Governor shoup
Both were from South Idaho, however and the Repub-
lican State Convention OF 1890 had directed that one
Senator at least, should be chosen to represent tho
more remote and les popuIous northern section Of
the STATE So II was arranged that Mr. Mcconnell from
North Idaho and Mr.. shOup from South Idaho should
be chosen and that Mr.. Dubois should be elected TO
succeed the senator whoever IL should be, whose term
expired In March, 1891. Messrs. Shoup and McConneh
were duly elected within the first three or four days OF
the session. and Mr. Dubois was chosen thereafter TO
replace the one who should be called on TO take the
short term.
The two senators-eect appeared at Washington and
Mr. Mcconnell drew the unuCky lot. so IL tarned out
that the Northern Idaho senator would be succeeded
almost Immediately by Southern Idaho man and the
North be left unepresented. The Republican mem
bers of the Legislature from the North at once began
to grumbe. They felt that they had been outwitted
by the Southern leaders, and forming coalition With
the Democratic minority in both Houses. they went
into Joint convention and elected Mr. Clazgett to sue
coed Mr.. Mcconnell. at the time declaring Mr.
Dubos's election void.
The contention Of the supporters OF Mr.. Claggeft
was that the original election OF two Senators having
been accomplished under the terms of the state Con-
stitution for the filling OF senatorial vacancies As they
should occur, remanded to the operations Of the
Federal law which admitted the state and which pro
scrbed that baotIng for United States senators should
begin on the second Tuesday after the meeting Of the
Legislature in any year when n vacancy should occur.
before the second Tuesday OF the legislative session,
and Mr.. Claggett was elected on OF after II, he
holds that his claim 10 the seat Is maintained by
strict Interpretation OF the statutes IL Il also urged
by Mr.. Claggett that vacancy had occurred when
Mr.. Dubois chosen, and that no vacancy could
occur until the Scnatorselect had drawn for terms
and one actually assigned TO- the class OF senators
retiring in 1891
Mr. Dubois will hold That vacancy occurred con-
struCtiveH Immediately upon the election of the i've
Senator'S il being known that one OF them would. by
the rules and custom OF the senate be Obliged 10 take
the term ending last March The election OF senators
under the state Constitution therefore practically
Incomplete Mr.. Dubois insists without action looking
toward filing the prospective vacancy. No contest
exactly similar has occurred In the history OF tie
admission OF new states.