The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-22
Motion to Declare Mr. Yost Entitled
District Defeated, 10 to 121.
TWO HOURS OF ,FILIBUSTER
THAT FINALLY ENDED IN SPEAKER
REED COUNTING A QUORUM.
Democratic COntcstee Supported by
promise immigration Measure.

WASHINGTON, Jan. 21-After a two
days debate. in the course of which con-
siderable partisan passion aroused and
an Intellectual attempt to filibuster for the
purpose of gaining time, the House to-day
decided the contested election case of Yost
VS.. Tucker, from the Tenth Virginia dis
trict, by denying the seat to Mr.. Iost and
confirming Mr.. fuckers title thereto. The
Republicans were badly divided, fifty-four
of them joining with the Democrats and
supporting the claims of the Democratic
contestee. When the supporters of Mr..
Yosts contentious found they were de-
feated by narrow margin of eight votes
(the vote being 119 to l27 against him). they
inaugurated a filibuster in the hope OF gain
ing time and for two hours there was a
succession of roll calls, but they were fl
nally overpowered by numbers and the reso-
lutions confirming Mr.. fuckers title to his
seat were adopted. Mr.. Yost is a member
elect of the next House and Mr.. Tucker,
who is a son of Randolph Tucker, has been
a. member of the last four Congresses. He
declined a denomination because he did not
agree with his party on the money ques-
ton. In the debate to-day, Messrs. Thomas
(Rep., Michigan), Taylor (Rep., Ohio,
Lacey (Rep., Iowa), Bruman CRep., Penn
syvania) Thorp, (Rep., Virginia), and
Walker Rep., Virginia), spoke for Mr..
Yost and Messrs Dearmond (Dem., Mis-
sourD, Walker (Rep., Massachusetts,,
Tucker CDem., Virginia), and Mccall Rep.,
Massachusetts), supported the claims of
the contestee.
Mr. Dearmond was the first speaker. He
argued that the House, in deciding this
case, must be governed by the Virginia law,
which for the purpose of this case was
the federal law. But he admitted that the
House. in the exercise of its power of force,
could disregard the Virginia law In order
to determine the intentions of the voters.
But to do this, he contended. would be to
establish dangerous and farreaching pre-
cedent.
Mr. Grow argued that the House should
hold to the law from the State from which
the case came except that law was plainly
meant TO try the voter. The will OF the
voters, he said. was the supreme law of
the land and it was the highest duty of
the House to decide what their will was.
Mr. Thomas, the member of the elections
committee who joined with Mr.. Walker in
the minority report, in favor of seating the
ton of that report From what he had
heard of the elections in Virginia. he said,
he doubted whether in many years any
Democrat had been honestly elected.
Mr.. Walker, in support of the contention
of Mr. Tucker submitted that an appeal
for justice at the end OF the nineteenth
century based on claims made outside, of
the law was a startling thing. The only
hope for the survival or good and orderly
government must rest on obedience TO the
law. 1t was the law, he argued, not the
intent of the voter, which should govern
here, as elsewhere. Mr.. Taylor, in reply
to Mr.. Walker, said that he agreed that 1t
was only by standing by the letter Of the
| law that MIR. Tucker could hope to retain
his seat. But no technicalityi he argued,
ch ha SIfGt ai od hV he 4
technicality defeated the will of the people.
After further debate by Mr.. Lacey, Mr..
contestant, Mr. Tucker the contestee, took
| the floor in his own behalf. He took up
| what he said seemed to be considered the
| pivotal point of the case-the question of
| counting the imperfect ballots. He did not
| believe they should be counted, the COM
| mittee did not believe they should be count
| the contestee would still have plurality
of &c.
| MIR Mccall, who was in charge of the
| majority report. closed for the contestee.
When the debate closed at 4:SO p m.
| the vote was taken first on the minority
resolution. declaring the contestant, Mr.
Yost entitled to the seat held by Mr.
| Tucker There was considerable excite
ment while the vote was beinS taken. As
soon as IL became nOiSed about that the
| contestant was defeated. Mr. Thomas
changed his vote from yea to nay in order
| to be able 10 move reconsideration. The
| following Republicans, fifty-four In number.
voted against the resolution: Acheson
Adams. Arnold (Pa.). Bennett. Blue. Brod-
erick. Codding. Coffin, Cooke. Corliss; Dra-
| (Conn). Hooker, Hulick. Jenkins, Kerr,
a LeonsFd a9uS Mer
| Ger. Moody. O'Dell. Overstreet. Parker.
| Phillips. Pitney Poole. Powers, Quigg, Rey-
| kins. Smith QlL). Southard, Southwick
| Shaffroth, Taft. Thomas. Towne, Wads-
worth. Wanger, Wilson Udahol.
When the speaker announced that the
resolution was loSt-119 to 121-Mr. Thomas
| moved TO reconsider the vote and Mr. Hep
| burn. one of the supporters of the contest
! ant moved an adjournment the purpose
being to secure time in which TO try to
change the defeat into victory. But the
supporters of Mr.. Tucker were not disposed
| to abandon their advantage and they con-
tested the motion. The motion to adjourn
was defeated-112 to 121.
Mr. Mccall then moved TO lay Mr. Thom-
| ass motion to reconsider on the table
which was carried-120 to 105.
| Mr. Hepburn moved that the majority
| resolution confirming Mr.. fuckers title to
| the seat be recommitted. The motion was
lost-13 to 115.
| Mr.. Hepburn made the point of no quo
| rum. but the speaker overruled IL amid
| a round of applause. The vote then re-
| Cured on the resolution declaring Mr.
| Tucker entitled to his seat. Meantime many
of the Republicans who favored the claims
| of the contestant. Mr.. Yost. had left the
| hall in order TO break a quorum. and as
soon as the speaker announced the result
| of the rising vote-115 to Mr.. Hepburn
again made the point of no quorum. The
| speaker was unable TO count more than $50
| members. Thereupon Mr.. Hepburn moved
| an adjournment. but Mr.. Mccall had the
| Tucker forces we'll in hand and this motion
was overwhelmingly defeated.
They were resolved to defeat the hlibuster
inaugurated to gain time. and "A call of the
! House was moved by Mr.. Mccall Under
| the rule of the present House members are
| compelled on the call of the roll during
| proceedings under call of the House to
vote on the pending proposition. The result
| of this vote was ll9 to A.. but the speaker
counted as present fourteen. thus making
| up a bare quorum. and the resolution was
| declared carried. Then at $50 the House
| adjourned.