The record-union., 1897-01-22
Tenth Virginia District Contested EleC.
tion Case Finally Settled,
The House Sustaining the Majority
Report of the Committee,
Senate's Time Taken Up in WrangIe
Over the Bill for Electrical Con-
duits in the City of Washington
and Turpie'S Continuation of His
Argument Against the Nicaragua
Canal Bill.

Argument Against the Nicaragua
Canal Bill.
WASHINGTON, Jan. 21.-After 126
members of the House of Representa-
tives, including 53 Republicans, had
voted in accordance with the recon-
mendation of the majority of the Com
mittee on Elections No. 3, that Tucker
Cd was entitled to retain his seat as
a member Of the Fifty-fourth Congress
from the Tenth Virginia District, which
was contested by Yost (R), two hours
were spent in making the vote effective
and finally settling the matter. The
case had been discussed from noon un-
til 4:30 o'clock, the committees report
being supported by Dearmond O) of
Missouri, Walker (R) of Massachu-
setts, Tucker (the contestee) and Nc
Call (R) of Massachusetts, a member
Of the committee reporting the case
The recommendation of the minority
that Yost (who is the Representative
elect from the district in the Fifty
fifth Congress- be given the seat was
advocated by Grow (R) of Pennsyl-
Vania, Taylor R) of Ohio, Lacy (R)
of Iowa, Brumm (R.) of Pennsylvania,
Thorp Q2) of Virginia, and Walker
(R) of Virginia, the latter of whom,
with Thomas (R.) of Michigan, con-
stituted the minority of the Elections
Committee. The vote in favor of Yost
was 120 CThomas having changed his
vote in order to move a reconsidera-
tom and this closeness induced the
friends Of the minority, led by Hep
burn (R.) of Iowa and Thomas to make
parliamentary fight lasting two
hours, to force an adjournment, in the
hope that a different result might be
reached tomorrow, But their efforts
We're futile, and the resolution declaring
Tucker entitled to the seat was adopted
at 6:30 o'clock by vote of 119 to II,
fourteen members being present and
not voting
When the case was taken up Dear
mond Cd of Missouri advocated the
adoption Of the resolutions declaring
Tucker entitled to retain his seat. He
contended that in this case, there being
no Federal statute contravenng the
law of Virginia was the law of Con.
gress and should be followed by the
House.
Grow R.) of Pennsylvania, the VEN
cradle ex-Speaker, spoke briefly upon
the principles that should control the
House in determining election cases.
He said the voters for members of Con-
gress were the constituents of the
House, and its duty was to see that
their will was carried out without re-
gard to the technicality of State Leg
islature. The House sat as a high
court of judicature, and any member
who did not act upon that principle
should be impeached for incompetency
or for a want Of that American princi-
pie which should animate him in the
discharge of his duties (Applause)
He hoped the time would soon come
when members regard themselves as
representatives of the people of the
United States, and not personal En-
bassadors coming from some little pet
ty community living within the geo.
graphical limits of some local name.
They should learn that their first duty
was to the Government, from which
they drew their salaries, and whose
honors they enjoyed. This talk of State
rights mad run mad. Whatever Le-
cessity or occasion there had been for
1t in the past had disappeared.
referring to the action of the House
in the Ffftythird Congress upon the
contest of O'Neil VS.. JOY. Mr. Grow
said 1t was decided that a voter was
responsible for the members of Elec-
ton Boards performing their duties in
such way as to make the ballot cast
conform TO the requirements of the
State statute. and therefore valid. That
was, in his opinion, an act of despotism
and outrage unequaled by any in the
history Of the House within his knovl-
edge. In conclusion, he said that the
viii of the voter was the supreme law
OF the land; that the just powers of
government We're derived from the con-
sent OF the governed, and that the as
certainment Of consent was the highest
duty OF Legislatures or courts. CAP
plause)
Thomas (R) of Michigan who Joined
Mr.. Walker in recommending that the
contestant lost be seated, followed in
bflet speech supporting that posi-
ton.
Thomas was followed by Walker R)
OF Massachusetts, who spoke in favor
OF the majority report. and Taylor (R.)
OF Ohio and Lacey (R.) of Iowa in op-
position.
Brum tR) Of Pennsylvania and Thorp
th) OF Virginia, the latter of whom
was seated a the last session of Con-
gress by the unanimous report of the
committee which examined the pend
ing contest briefly argued that the con-
testant was entitled to his seat.
The next speaker was the contestee.
Tucker (D) Of Virginia, who was ac-
corded but fifteen minutes for the pre-
sentation OF his views He began by
paraphraslng st. Paul accounting him.
self fortunate that he was called upon
this day TO answer before the House
touching all those things whereof he
was accused. Unless the gentlemen
had made up their minds. he said, they
must yield TO the force of the state
ments which he would make from the
record FIRST, as to the imperfect ball
lots. This seemed TO be considered by
many the pivotal point in the case and
the statement was made yesterday that
II they were counted the contestan ut
would have been elected. He denied
1t. If every one of them was counted
for Yost, Tucker said, he (Tucker) would
still have majority Of thirty-six. The
charge that a conspiracy existed among