The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-22
The Proceedings.

Washington, Jan. Reconsideration
was resumed of the contested election
case of Yost VS.. Tucker, from the
Tenth district of Virginia. Mr.. Dear
mond (Dem. MOI advocated the adop-
ton of the resolutions declaring Tucker
entitled to retain his seat. He contend
ed that in this case, there being no
federal statute contravening, the law
of Virginia was the law of congress
and should be followed by the house.
Mr.. Grow (Rep. Pa.) the venerable
ex-speaker, spoke briefly upon the
principles that should control the house
in determining election cases, his time
being equally deducted, one-half from
each side. He said the voters for MEM
bers of congress were the constituents
of the house, and its duty was to see
that their will was carried out without
regard to the technical requirements
of state legislature. The house sat
as a high court of judiciature. and
any member who did not act upon that
principle should be impeached for in
competency or for a want of that
American principle which should ami
mate him in the discharge of his du-
ties. (Applause) He hoped the time
would soon come when members would
regard themselves as the representa-
tiveS of the people of the United States
and not personal ambassadors coming
from some little petty community liv-
ing within the geographical limits of
some local name. They should, he
said, learn that their first duty was to
the government from which they drew
their salary and whose honors they
enjoyed. This talk of state rights had
run mad: whatever necessity or occa-
sion there had been for it in the past
had disappeared.
TQQfarrinc- n Of ha
in the Fifty-third congress, upon the
contest of ONeill VS.. Joy, Mr.. Grow
said it had decided that a voter was
responsible for the members of an
election board performing their duties
in such q way as to make the ballots
cast conform to the requirements of
the state statute and, therefore, valid.
That was in his opinion an act of des-
potism and outrage unequalled by any
in the history of the house within his
knowledge. In conclusion, he said that
the will of the voter was the supreme
law of the land; that the just powers
of the government were derived from
the consent of the governed. and that
the ascertainment of that consent was
the highest duty of legislatures or
courts. (Applause)
Mr.. Thomas (Rep., Mich.), who joined
Mr.. Walker in recommending that the
contestant Yost be seated, followed in
a brief speech supporting that position.
Mr.. Thomas was followed by Messrs.
Walker (Rep., Mass.), who spoke in ia
vor of the majority report, and Taylor
Rep., o., and Lacey (Rep., Ia.) in OPP
position.
Mr.. Brumm (Rep. PENN and Mr..
Thorp (Rep., Va.). the latter of whom
was seated at the last session of con-
gress by the unanimous rerort of the
committee which examined the pend
ing contest, briefly argued that the
contestant was entitled to his seat
The next speaker was the contestee,
Mr.. Tucker (Dem., Va), who was &C
corded but 10 minutes for the presen-
tatiOn of his views. He began by para
phrasing st. Paul, accounting himself
fortunate that he was called upon this
day to answer before the house touch
ing 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 he would make from the record.
First, as to the imperfect ballots. This
seemed to be considered by many the
pivotal point in the case, and the state
ment was made yesterday that if these
were counted the contestant would
have been elected. He denied it. If
every one of them was counted for Mr.
Yost, Mr.. Tucker said he (Mr Tucker)
would still have a majority of &C.
The charge that a conspiracy existed
among election officers in the district
to destroy imperfect ballots, about
which so much had been said by the
gentleman from Ohio, Mr.. Grosvenor
yesterday, Mr. Tucker declared to be
without foundation.
The concluding speech in behalf of
the contestants was made by Mr.
Walker (Rep., Va-), who presented the
minority report He made a vigorous
attack upon political conditions in Vir-
ginia. He had no objection, personal or
otherwise, to the conteStee in this case.
and no fight to make against him, but
upon the policy of The party re repre-
scented, he would wage bitter, unrelent-
ing and unceasing warfare. He was
glad to take this opportunity, in this
public place, to enter his Indignant
protest against the most unrighteous
and Infamous system of laws and cleo
tions that had ever disgraced any peo-
pie or any state. These laws were en-
acted upon the central idea of making
fraud and deception safe and easy and
of hoodwinking the illiterate voters.
Their execution was entrusted to men
who heStated at nothing to accom-
plish their nefarious purposes. This
criticism upon the election laws and
methods of the state was in accordance
with the sentiment of leading Demo-
Gratis and Democratic papers, who had
gone much farther in denouncing them
than he has, declaring them to be the
embodiment of petty larceny.
Mr.. Walker addressed himself then,
to consideration of the law as APP
piled to the imperfect ballots, holding
that they should have been counted.
If they were counted, he asserted Mr..
Yosts majority, as shown by the re-
port of the committee. would be ISL.
The argument was closed by Mr.
Mccall (Rep., Mass), chairman of the
committee which had reported in IA
vor of the contestee, Mr.. Tucker.
He referred to some of the statements