The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-02-04

Washington, Feb. 3.-The discussion
OF the contested election case of Geo. w.
Cornett rs. Claude 4. Swanson, from the
Fifth district of Virginia. occupied near
ly the whole of to days session of the
House, and by an overwhelming vote Mr..
Swanson s title to the seat was confirmed.
The committee on elections No. , re.
ported that Swanson was entitled to hold
his seat; the minorty-Mcssrs. Thomas.
Walker and OverStrcet-hold that neither
Cornett or Swanson was entitled to the
seat.
Briefly stating the case, Mr. Mccall, of
Massachusetts. chairman of the commits
tee, said that Swanson received the certi..
lcatc oil election upon return giving
him Il majo rity Of 1900 votes If every
precinct concerning the vote of which
any testimony whatever was presented
to the committee were thrown out of the
count. Mr.. Swanson would still have L.
300 majority. There was absolutely no
arithmetic known to intelligent men by
which different result could be reached
The ground upon which the minority
based their views WAS that the election
law OF Virginia was unconstitutional and,
therefore, no valid election was held.
AS to this lie desired only to say that
the House had voted in two other con
tests, to seat members elected under the
same law, and all the members of the
Virginia delegation held their seats by
virtue OF the operation OF that law.
Mr.. Jones, of Nirginia. made an elubo-
rate argument in support Of the commit
tees report Referring TO ttc election
law, he said it had been declared to he
constitutional by the unanimous decis-
ion of the supreme court of the State,
and the committee had concluded that if
all the provisions of the law attacked bv
the contestants were invalid or unconsti-
tutional, there still remain ed undisturbed
anu unaffected enough of the law to make
the election perfectly valid.
Mr.. Jones then went into the matter
of the votes in dispute, setting forth the
details, and claimed, in confirmation of
Mr.. McCall's statement that by the re-
lection of all the votes attacked by the
contestant, Mr.. Swanson would still have
over 900 majority.
MIR. Thomas, of Michigan, presented
the views of the minority lie said four
questions arose in the consideration of
the case:
First. SUflciency of the notice of COLI
test.
Second. The right of the House to in.
quire into the validity of the election law
of Virginia.
Third. The constitntionalty of the
Walton law
Fourth The effect of the operation of
that law upon our system OF popular GOV
eminent.
He devoted most of his time to the two
latter propositions. An ANALYSIS of the
Walton law was given to Mr. Thomas,
for which he declared the law to he per-
version of the Australian ballot system.
Mr.. Thomas asserted that the case in
which the supreme court of Virginia has
decided the law to be constitutionala was
cDllusive proceeding and, by the admis-
sion OF the court itself, the constitution.
ality OF the law was immaterial to the de-
termination of the questions submitted
to 1.-two reasons which made the judg-
ment of the constitutionnllty of thcsslaw
of 10 binding force or effect. In concu-
sion Mr.. Thomas said:
Il champion to day the cause of 00,-
C0O Virginia voters, bound hand and foot
III political bondagc with no outlook or
nope for the future. If my contention
shall fail, II republican form of govern
ment will cease to exist in Virginia. If
II mode of election can he contrived that,
will embarrass and disqualify one class
OF voters. then it is possible for some
mode of election to be devised that will
dlsqualify any class to whom the consti.
tuition has extended the right of suffrage.
1T Is well that this contest should
take place on Virginia soil. Here where
the first English settlement in America
was planted, here where Henry sounded
the first notes Of liberty: here where the
author of the Declaration of Independ-
ence lived and died: where Washington
and Lee were born, the former to exem-
pity love for nation, and the latter love
for Il state; it is well, / say, that on the
historic soil of the Old Dominion State
this new, novel and portentious Issue in
the cause of the popular government
should be fought and settled Perhaps
no State OF inferior rank would have ut.
tempted this masterslroke of ingenuity
to establish the supremacy of minority,
now would | directly or even byinnuendo
disparage this minority
If it were possible for me to believe in
the supremacy OF any minority it would
he i'll the illustrious descendants of the
pioneers of civil liberty who have Tor cen.
turtles made the banks of the James, TIL
Rappahannock, the Shenandoah and the
Potomac sacred to home, to Christianity.
to liberty and to civilization. \ secret
ballot is the palladium of civil liberty
1t gives to liberty its glory and power
Before it opens the grand perspective cleo.
tive system. The Walton law is the first
effort to overturn it,
Mr.. Gibson, of Tennessee, threw lit
tie excitement into the debate, which had
been proceeding even more prosily than
that upon the average election case He
addressed himself to the remarks by Mr..
Mccall in his speech upon the Yost-
Tucker contest:
What the Republicans of the South
now need is to be treated upon robust