New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-14
THE DUBOISCLAGGETT CONTEST.
ON WHAT THE LATTER BASES HIS CLAIM TO
THE SEAT IN THE SENATE VACATED
by MIR. MCCONNELL


ON WHAT THE LATTER BASES HIS CLAIM TO
THE SEAT IN THE SENATE VACATED
BY MR.. MCCONNELL.
Washington, March - (SpcclsD.-W. II. Caggctt,
the North Idaho Republican who is contesting with
Delegate Dubois the right to the seat in the senate
made vacant by the expiration Of the term of Mr..
Mcconnell has been spending good deal Of time In
this city working up the which he expects to lay
before the Senate Committee Privileges and
Elections. days before the adjournment Of Con
gress he obtained the privilege Of admission TO the floor
OF the senate, and he has since shown decided
confidence his ability win the fight against Nj.
Dubois, though that confidence is shared by few OBJ
servers of politics here.
Mr.. ClaGgeu is handsome. dgnifed and we'll
dressed man of about fifty years. Marylander by
BIRTH and the pOsscssor of easy and cultivated man
ner He is not unlike senator Butler, OF south Caro-
lima general Appearance and, II admitted to the
senate. would add decidedly to the average
Of good looks i'll that body. Mr. Clag
gett bases his claim 10 seat in the senate on
the contention that Mr.. Duboiss election was held
in violation of the law admitting the state Of Idaho,
which provided that ballong for senators, except a.
nvadaed in the single instance provided for in tho
state cOnstitutOn-that of choosing the two original
scnators-shall begin on the second Tuesday after
the meeting Of the Legislature. Voting for the two
frst-choscn senators to begin, according to the
constitution, within ten days after the Legislature
had assembled. Messrs. Shoup and Mcconnell we're
chosen under this proviSion-thus. Mr.. Caggctt
maintains. fulfilling the letter of the constitution and
remandng the choice Of all other senators to the date
fixed in the general law, the second Tuesday after
the meeting of the Legislature in any year when a
vacancy should occur. Mr.. Dubois, ii seems, was
chosen in Joint convention at the same time Mcssrs.
Snoup and Mcconnell. and before the second Tuesday
named and by further iTcgularity. Mr. Clag
Gett asserts without separate ballot IN each branch
of the Legi Stature. Mr.. Claggctt chosen by "a
combination Of Democrats and Republicans, after tho
second Monday Of the session had passed The con
lestant finds in two old senate cases. those Of Hart
against Gilbert, from Florida, and Reynolds against
Hamilton, from Texas, pretcdents which he thinks
viii help support his claim though the Florida case
has also been cited as a strong defence Of Mr..
Dubos's position In an interview to-day, discussing
the various phases OF the case. Mr. Claggett says:
"At the Idaho Republican Convention last summer
the proposition made TO give one senator to each
section and after three or four days debate the
linton was carried. 1t then made plank In our
platform it supposed there would be no diff
Guilty about it, the Legislature met Mr. Dubois
and Mr.. shoup got up combination TO secure the cleo
ton OF three instead of two. and they got
Mr.. Mcconnell into it, their plan being to let Mr. Shoup
and Mr. Mcconnell draw for the terms, short or long,
but regardless Of the result of their drawing to insure
Mr.. Dubois the full six years term beginning after
March A. They wanted me to 60 into the combination
instead of Mr.. Mcconnell, but l would not agree 10
the violation of the platform and the sacrifice Of the
interests Of my section OF the state told them that
the only proper thing to do to elect the two sen
ators to which the State was entitled and when
they had taken their places in the Senate ana d'awn fOi
their terms if the short term fell to the southern sen
atOr to elect man that SETON of the state 20 sue
coed him: but If the short term fell 10 the Northern
Senator TO elect man from the n0 hcrn part OF the
state TO succeed him. In this way each section
could have a senator. This was what was conteIl-
plated in our platform and with that understanding
the northern part Of the state had yielded all the
local Offices the south except that Of Lieutenant
Governor: but Dubois wanted the six years term
regardless Of who got the other long term; and the
combination fixed to accomplish what he desired
Mcconnell elected from North Idaho and oh0up
| from south Idaho and il arranged between them
that their election should be followed by tie election
| Of Dubois TO succeed whichever one got the term
| expiring March 4.
The elections held under two provisions OF
law, of the general law admitting the state and
the other under the Constitution Of the state Under
the Constitution the baotng for the two senators
was begun within days after the first meeting Of
the Legislature. That being DONE the election OF
successor to either OF the senators regulated BY
the general law providing the election. the Daotine
beginning the second Tuesday after the meeting OF
the Legislature. II proposed by the combination
elect Mr.. Dubois after the second Tuesday but he
discovered lndl WOulu re lHlpp>elDio ~ 'Io
combination together 80 long, men having been de
ceivcd into IL and becoming discOntcncd a. they be
gan 10 appreciate the deception Therefore Mr. Dubois
decided not to wait until the lawful time for holding
tie election, but to have himself elected Immediately,
which he did. The Legislature was composed OF good
men, but there were only two lawyers In the whole
body In the and III the House, that
they were easily deceived to the law. But WirJ
the second Tuesday after hc meeting Of the Legislature
had arrived the election could legally be- held they
had come 70 eIsandng Of the situation. They
ballOtGd for senator I'm the lawfr Kramer. and Wa
elected 10 succeed Mr.. Mcconnell, The senator from
North Idaho. who got the short term
Mr. Claggctt says that North Idaho and south Idaho
are a. remote from each Otter In all matters Of bu,l
ness and ordinary life Maine and TcNas beng scia
rated by ranges Of mountains al present wholly I'M
pas-able he argues that each section OF the state
should have continuous senator hIp, lust hs III
MARYLAND. where ScnatOr-hip goes 90 tir eastern
4. ..I. LLLI II