Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-14
S Pc AKER REED FIRM
He Settles a Quorum and Declares Vote
Stopping Filibustering Tactics.
Marlborough Parliamentary Battle
Over the misunderstanding Con-
tested Election Case.

The House, after one of the hardest
fought parliamentary battles of the ses-
sion, which continued until almost o'clock
last night, rec oninitted the contested cleo
ton case of Rinaker against Downing, from
the sixteenth Illinois district, to the COM
mittee on elections with instructions to
recount the ballots in dispute. The vote
stood 130 to 80, divided as follows: Ayes,
81 republicans, g. democrats and :; popu-
lists; nays, So republicans. The case was
debated Tuesday and yesterday until short
ly after o'clock.
The supporters of the majority report to
unseat Downing (dem) ard seat the con-
testant realized that the disaffection on
their side strong that the mil GRITTY
report would probably be adopted, and
they tnaIgurated systematic filibuSter to
gain time TO Tally their forces. The first
test of strength on motion TO adjourn
OC-l%9. confirmed their suspicious. bur they
fought valiantly to the end. ard went down
In the last ditch after STAYING eff the final
action for four hours The Speaker gave
them considerable leeway at the beginning
OF the fight. but toward the end he de-
clined 20 tolerate diiatory tactics. As a
last resort many of the supporters of the
majority report refused to vote. but the
Speaker counted them and the democrats
and dissenting republicans scored their vic
tory
-Ah interesting Ease.
The case was an interesting one Mr.
Downing. the sitting member. a democrat
had forty plurality on the face of the re-
turns. The majority of the committee on
elections found a gain of 30 votes for the
contestant, Mr.. Rinaker as a result of an
EnCfhcIal recount in twenty-five precincts.
made by representative of Gen. Rina ker
while a recount was being made for coun-
ty office. and also credited him with thirty
one votes of Uliterate voters who had not
complied with the requirements of the state
law, thus finding for the contestant a Dlu-
ranty or thirty. The cOnttStee had sued
cut an injunction which prevented a re-
count of the votes in dispute save 10y a
court of competent jurisdiction or by the
House Of Representatives. The minority
recommended that the case be recommitted
and the ballots in dispute be rccounted The
debate yesterday was at times very heated.
MeSsrs. Cooke ullD. Hepburn UowaD. and
connolly ulD spoke in favor of unseating
Mr. Downing. and Messrs. Lacey 0owaC
ShafrOth COIJ and DalzeH pa in favor
of recOmmitting the case.
In closing the debate Mr.. DalZeli de-
ClaTed that a partisan decision of the case
would be disgrace 70 republican Con-
greSS. Mr. Moody (MaSs.), il charge of the
minority side of the contest ma wing fail
ed to effect an agreement as to ote. gave
notice OF his purpose to demand the pre-
EiOHS question. The members of the IL
hnOis delegation MIR Hopkins and Mr.. Can
non. vaiuly pleaded for deay. and Mr..
DlugIeE, the HOOE leader of the iOritE.
suggested that the majority should have
an opportunity to close the debate. To
this appeal he yielded, by Offering fifteen
minutes to the other side 20 close but
Mr.. Cannon declined the offer. lIr. Hop
kins said. after Mr. Moody had demanded
the previous question. that many members
had left the hall. sUppoSiug a vote would
not to be taken last night. and he therefore
InterpOsed a motion to adjourn. This fur
nished the first test of strength. on ris-
ing vote the motion defeated. JJ-l3i.
Mr.. Hopkins then demanded the ayes and
noes, which resulted !6-1:i9.
The Previous Question.
The previous question was then order
ed. 1876. Despite the great odds against
him. Mr.. Cannon moved to reconsider the
vote by which the previous question was
ordered. Mr.. Richardson rTenn.D made the
point that the motion was dilatory, and the
Speaker appealed TO Mr.. Cannon to with
draw his motion. But when the latter in
sisted upon it the chair entertained it.
ThereupOn Mr.. Moody moved to lay the
called and Mr. Moodys motion prevail
ed. 14t;-Gg. Mr.. Cannon attempted to spar
for time after the announcement of this
vote. He asked that the House adjourn
with the understanding that the final vote
be taken Immediately after the reading of
the journal today. Mr.. Moody declin-
ed. He insisted that the House desired to
vote. Notwithstanding the obstructive tao
ties of the other side. Mr.. Hopkins then in
terpOsed another motion to adjourn. which
the Speaker ruled to be IN order. The mo-
ton lost. G;-1:@i. Before the vote was
announced Mr.. Hopkins demanded a re-
CapitulatiCu.
THE chair refuses it, said the Speaker
sharply. amid a burst of applause.
4 would like to know upon wha :
ground" exclaimed Mr.. Hopkins holly.
Il demand a recapitaIation as a right, not
a courtesy.
And the chair refuses It again." said
the Speaker. firmly. The flibusters, hav-
ing exhausted every eXpedient, were then
Obliged to allow the vote to be taken on
In favor of seating Rinaker. The substi-
tute reCommittad the case to the committee
on elections with Instructions to recount
the vote In dispute, and take such other
action might be deemed necessary.
A Quorum Counted.
Quite number of the advocates of the
majority resolution left the hall on this
roll call. but the quorum held and the
substitute was agreed to-139 20 30. II pres
ent and not voting. The resolution as
amended was then adOpted-13I to IL. The
Speaker counted 33 present and not voting
to make up the quorum. Mr. Hopkins car
lied his obstructive tactics to the last
ditch, and made the point of no quorum
on the formal motion to lay on the table
the motion to reconsider. which on a rising
vote resulted 100 to T. The Speaker how
ever, amid great applause. counted the
ent.
Il challenge the count of the Speaker
shouted MIR. Hopkins, land ask for tell
ers.''
The chair disregards the challenge" re-
piled the Speaker