The Portland daily press., 1894-03-29
so NEAR And YET so FAR.
The Quorum Vanished When 1t Came
to the Final Vote.
THE ELECTION CASES AT LAST
BEFORE THE HO USE,

The Speaker Voting to Make Quorum
The Missouri Case Was Debated and
Pushed to the Final Stage When the
Quorum Again Disappeared-The Nc
Garrahan Claim Again and Story of
President Lincoln.
Washington, March 2S.-Mr. Cultivate.
Democrat of Ohio, reported to the House
today from the committee on rules, an
order for the immediate consideration OF
the election case of O'Neil VS.. Joy, and
the case of English VS.. Hilborn, the vote
to be taken after two hours debate on
each case, the time being equally
divided between the parties. Upon the
ordering of the previoussquestion upon the
order, the House divided. Mr.. Reed made
the point of no quorum, and the yeas
and nays were ordered. The previous
question was ordered by a vote of just
a quorum. including the Speaker. Mr..
Cultivate said the reason for the
passage of the order was that the con-
tested election cases might be disposed
of in an orderly and fair way. The ch8lr-
man of the election committee nIormeo
the committee on rules that an hour on
each side was ample time IN Wnlch Io
put the facts before the House.
Mr.. Reed said he was not surprised
that the Democrats desired to dispose of
the cases Iii corner. The bases OF the
two cases were such as had never before
been submitted to the House. Upon one
of them, no political division was made
or attempted. He said he would not
believe until the votes were cast that a
majority of the House was in favor of
establishing such a precedent. Mr. Reed
moved to re-commit the resolution with
instructions to SO amend it as to provide
for entertai ming motion that new
election be held in the O'Neill-Joy dis
trict. if the facts were found to warrant
it, and to provide a suitable time Tor
debate
The Speaker said he could find no
authority or decision for entertaining
motion to re-commit. The House voted,
yeas, 100; noes, 0, to pass the order.
Mr.. Reed made point of no quorum,
and the yeas and nays were ordered. The
vote on the resolution was announced as
yeas. 172: nays, Z, just a quorum, IN
Guiding the vote of the Speaker.
Mr.. Patterson, Democrat of Tennessee,
who drew up the report for the majority,
declaring O'Nelll entitled to the seat
nGlQ Dy COy3 Sdl0 DlO ASPO~o "eto 0etSoN
upon the fact that number of ballots
cast ar the election were deficient either
in numbering or in initiating by the
Judges as required by the law OF
Missouri. These ballots were declared
by the law to be void. By throwing
them all out, the committee found that
O'Neill had majority OF Ri, and he
was therefore entitled to the seat. vi
Mr.. Daniels, Republican of New YORK,
the author of the minority report, which
declared Joy entitled to hold the seat,
ella aborated the argument set forth in
that document, which was that the
statute relied upon by the majority had
been repealed by implication as not ap-
plica BILE to the election of 1872, in the
i1th district of Missouri.
Mr. Joy, Republican of Missouri, de-
Tended his title to the seat upon the case
presented to the House by the contest
ant himself Mr.. O'Neill, he said, con.
sented to recount of the voJes and
agreed to abide by the result. That
recount increased his (Joy's) plurality
| from 67 to 212. This recount was ignored
| by the majority of the committee in lts
report. AS to the legal aspects of the
case, Mr.. Joy said even if the law in
voked by the majority was mandatory,
| it had been waived by the contestant.
Mr.. Reed, Republican of Maine, read
| from the laws of Missouri to show that
| the ballots which it was sought by the
| majority to declare invalid were made
so by the action of the judges of election
and not by the electors themselves. That
| it was possible that the House would
vote to disfranchise 937 voters OF
Missouri, who were guiltless Of anything
more than mistake he would not be-
Iieye until the vote was taken.
The vote was first taken on the resolu-
tion of the minority, declaring Mr.. Joy
elected to and entitled to his seat. The
vote was announced rs yeas, 102; nays,
146. The division was generally along
party lines, but the following Democrats
voted with the Repu blicans in favor OF
Mr.. Joy: Messrs. Bryan, Cooper oi
Texas; Dearmond of Missouri, Dunphy,
Everett, Griffin. Hall of Missouri; Nor
gan of Missouri; Moses. Outhwaite.
Ryan and Sibley-12. The Populists
generally withheld their votes. Mr.. Nc
Gegan added his to the Republican
column.
Mr. Burrows, Republican of Michigan,
having had voted no, moved to recon
slider the vote.
Mr.. Springer, Democrat Of Illinois,
moved to lay the motion on the table,
and on this motion the House divided.
The division showed that the quorum
had disappeared and theHouse adjourned.