Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1891-11-28
WILL FIGHT BRICE.
The Senator's Seat To Be Made
Uncomfortable.
ALETTER FROM SENATOR SHERMAN

The Republican State Committee Ad
vised That the Legislature Should Take
the First Step, and What That Step
should Ex-senator Hoar Adds Few
0bserva ions-The Matter Considere4
by the State Committee-A Contest of
the Seat as Sure as Fate.
CLEVELAND, Nov Ex-senator Sher
man has written the following letter 20
Hon. l.. W. King, chairman of the Re-
publican state committee, regarding lie
proposition TO unseat Senator Brice for
alleged non residence in Ohio:
"MR DEAR SIR: My attention has been
frequently called to the experience ard
the best mode of presenting TO the senate
of the United States the question of the
eligibility of Calvin 5. Brice To a seat ia
that body. He now holds a certificate Of
the last Legislature in due form, and On
the prima facie evidence will no doubt
according TO the uniform usage of the
senate, be sworn in on che first iay of the
session and take his seat This will not
in the least determine his right 10 his
seat if it can be shown that he was not an
inhabitant of Ohio when he was elected
Can't Prevent Him Taking His Seat
at IS clear that any declaration by me
or any one that he was not such an inhab
liant will not prevent his taking seat.
and such a declaration by me would not
only be futile but eminently improper. As
| have to pass judcially on the question
after full hearing and trial. II seems to
me that if the contest is to be inaugurated
before the next Ohio legislature acts II
ought 10 be done by "A memorial of the
Republican state COMMITTEES to the sen
ate SCch a memorial would give the en-
ate an opportu unity to institute AN ineGIIy
into the fact of his inelgibility.
The Proper Way to Proceed.
in my Judgment joint resolution Of
the two houses. when they meet in Jan
uary, is the only formal and effective way
of securing an Investigation. The Ques-
ton would then arise whether the legis-
lature may not assume that a vacancy ex-
lists by reason of Mr.. Brice's ineligiLility,
aud elect a senator in his place who can
contest the matter and present and mar.
shall the testimony taken Please give
Your view of the matter and take such
course as you may deem advisable Very
truly yours, JOIN SHERMAN."
An Opinion of Senator Hoar.
Senator Sherman inclosed in his letter
an abstract of IA letter received by him
from Senator Hoar, who is chairman of
the senate committee on privileges and
elections, as follows:
Il think the senate will be very unwil-
ing to depart from precedents in the Gal
latin and Shields cases aud those cited by
Mr. Douglas in his argument in the latter
case. In all these cases the person claim.
ing the seat was sworn in and
the matter considered on its merits
afterward. 1t may he said, very
plausibly. that the executive certificais
is priIna facie evidence only of the formal
lty of a lawful election by the legislature
and not of the qualifications of the per
son, which the governor would know
nothing about. On the other hand. it
might be replied, with equal plausihility,
that the fornality of n due and lawful
election by the Legislature ought to be
prima facie evidence of the eligibility OF
the person elected Otherwise a third OF
the sen ate might be kept out of their seats
by unfounded objections"
There is scarcely doubt that the Re-
publican state committee will follow the
outline of proceedings suggested by Sena
-.