Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1893-02-09


gavel, assumed the right to call said
body to order, which we submit he had
q right to do upon that fundamental and
universally recognized rule OF the COM
mon law, that he who Is FIRST IN time IS
first IN right, Mr.. Semple's only object
being to call tho house to order and
preside until temporary chairman was
elected. Whereupon the republican
representatives and republican claim
ants to seats In said house, in violation
of said fundamental rule, and OF every
law and precedent, and, as we believe,
at the dlctation Of their leaders, and
with the fraudulent intentions OF said
leaders to subvert the will Of the peo-
pie Of this commonwealth, and to pre-
vent fair and impartial investigation
into the rights by which tho seats were
claimed In this house 1.-THE necessity OF
which will appear from the facts here
matter stately, did usurp and arrogate
unto themselves the right to organize
said house, and did pretend to organ
lie u house unto themselves, leaving to
the representatives of the Peoples
party the only alternative Of uDjustly
surrendering their rights or to firmly
assert and maintain by legal and proper
means that they had duly elected a
majority of the members Of this house,
the undisputed evidence of which can
be found upon the journal Of this house.
1t must be remembered that this Is
not the first occasion that like condi-
tions confronted legislative body. We
are therefore not without precedent in
this case. At the organization of the
Twenty-sixth congress, the seats of five
members from New Jersey were con-
tested. They held the certificates.
The contestants claimed to have been
elected. The clerk having called the
roll until the names OF these members
were reached, refused to proceed fur
Their until the house should instruct
him which set OF names should be called
as the New Jersey delegation. II the
certified members should be set aside
the administration party would have
majority and could organize the house,
otherwise the opposition would elect
the speaker. Motion after motion was
made, but the clerk refused to put any
motion, because he could not decide
who were members entitled to vote.
There was deadlock for several days,
during which occurred memorable de-
bate participated in by some OF the
ablest men then known to the country.
Finally the unorganized house, en-
bracing both New Jersey delegations,
organized as meeting by choosing
John @. Adams as chairman; but mo-
ton having been made and the chair
having appointed tellers, one Of them
inquired which set of members from
New Jersey he should count, and the
chair having stated that the certif-
Gated members should be counted, the
struggle began again; and an appeal
from the chairs ruling having been de-
manded, the chair declined to enter
tain the appeal, inquiring in his turn
who should vote on the appeal. Atlast
it was decided by a majority of undis-
puted members that neither set Of
members from New Jersey should be
permitted to vote for the time being,
(See Eighth Congressional GlObe.)
It will be seen that the same identi-
cal proposition was submitted by Mr..
Dunsmore for the Peoples party, and
rejected by Mr.. Douglass for the
republican party.
Since the organization OF the house
and the appointment of the committee
on elections, thorough investigation
has demonstrated the fact beyond ques-
ton that the Peoples party did elect the
constitutional majority of the house Of
representatives, and to prove the char
acter of testimony in support of the
above declaration, we would most re-
spectfully ask q candid and thinking
constituency to examine journal rec
ords OF the house as follows:
EIGHTH DAY.
Wednesday, January IS, 1898.
Petition of O. M. Rice, claimant to a
seat as representative for the Thirty
second district.
In tho report of the committee on
elections the case Of o. M. Rice against
T. G. Ballinger will be found undis
putable evidence to prove that there
was no tie in this district as reported
but on the contrary Mr.. Rice has one
majority, Notwithstanding Mr.. BALM.
ger held the certificate.
Petition OF D. M. Howard, contestant
for seat as representative from the
Thirty-ffth district.
Also petition of John Morrison, con
testant for seat as representative from
the One Hundred and Twenty-secont
district.
NINTH DAY.