The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1896-03-12

FRANKFORT, KY, March u.-Atter
the house had convened this morning
the clerk read the refusal OF Mr.. Dun
lap to prosecute his contest against
Mr.. kaufman.
A heated discussion followed upon Mr..
DunIap's right to withdraw and the
speaker decided against him and the
minority report that Dunlap Is aud
Kaufman is not entitled to the seat
now held BY kaufman.
Poor and Edrlngton Popullstsl voted
with the Democrats. The Republicans
voted soiidiy to unseat and the minority
report was adopted by the vote OF A9to
l6.
The news Of the action taken by the
house caused q commouon in the sem
ate.
Senator Jones moved that the senate
adjourn. Amid the widest excitement
the lieutenant governor put the mo-
ton and the Republicans voted aye
In a body. The lieutenant governor
declared the senate adjourned and to-
Eether with the Republican members
left the chamber In n body The re-
port OF the committee on election was
then read. The roll was called and
Senators Walton and James were de-
clared ineligible to seats In the senate,
by vote OF Il TO mona.
When the Joint assembly met the feel
ing was Intense Senator BTonston
called attention to rule II Of the Joint
assembly and made the point that the,
clerk Of the senate is the clerk Of the
Joint assembly, and as such shall call
the roll OF the entire Joint assembly.
The presiding officer ruled against him
and said that the clerk Of the house
would call the roll OF the house and
tho clerk OF the senate call the roll OF
the senate. After long wr2ngle this
orderwas taken. The calling OF the roll
was then begun. The chief clerk in
calling the names OF members OF the
senate omitted to call those Of James
and Walton, the two Republican senA-
tors, The clerk OF the house omitted
TO call the name Of kaufman, (Dem.)
The roll call showed i3o members pres
ent, with two pairs. Senator Brons-
ton asked for the reading OF the jour-
nails OF the two houses. This was or
dered.
The ballot for senator was then be-
gun. Edrington voted for Blackburn,
while Poor refused TO vote. I. c.
smith voted for s. B. Buckner. The
nafnes OF James. Walton and kaufman
were not called. The Republicans re-
fused TO vote at all with the object Of
breaking quorum.
The ballot resulted as follows:
BLACKBURN 81; Carlisle 10; Buckner /.
The chair decided that only sixty
FIVE votes had been cast.
There was no quorum and the as
sembly adjourned.
The mistake OF the Republicans In
tho senate was made when they walked
out and refused to vote when tho ques-
tlon OF declaring Senators Walton and
james Ineligible to seats In the senate
came UP. The senate being duly or
EanIzed, the clerk put the motion and
the seatS were declared vnCant by
vote OF 81 TO none. Had the Republl-
cans all voted no. II Is claimed by
many persons that the senator's would
not have been legally unsented. n9 II
requires, they say, a two-thirds vote to
eXpcl n member. The opinion now
seems TO prevail that there VIII be an
cnl TO the trouble, such ug occurred to-
dny and that there viii be no election
because the Republicans will refuse 10
vote from day TO day and thereby break
n quorum.
Mr., w, d. Dunlap, who on yesterday
afternoon withdrew from his contest OF
tho seat of Representative Kaufman,
returned to Frankfort to-day ana I'M
mcdlatcly was besleBed by the friends
OF the Republican senatorial nominee,
who cndeRvoFed before the vote was
taken III vain 10 lHuuNu u'H ~ WIZ
draw his letter addressed TO Mr.. Blan-
ford. speaker Of the house, In which he
abandoned the contest To the Evening
POST representative Mr.. Dunlnp snid:
''My decision in the matter was mado
only after n long and careful delibcro-
tlon. II Is final and will never consent
10 enter the contest again. The house
may 20 ahead and unscnt Mr., Kaufman,
hut II cannot compel me To vote. viii
refuse TO take tho seat now n tho house
decides mo entitled TO II, OF course IN
inc event tho house votes to unseat
Kaufman and puts me In ! shall be In
tho powcr Of the house and they can
force me TO go INTO the
ioInt assembly. but they cannot
force me to v6tc. ] came TO Frankfort
to-day expecting to receive oil kinds Of
ylllIfcntlon and abuse md mn prepared
to stand Il. Al OF 1t, however, win not
change me In the least"