Omaha daily bee., 1899-01-20
ISRAEL IS GIVEN THE SEAT
Report Of the Committee on Contest Is
Adopted by Strict Party Vote.
BENJAMIN ASSERTS He WILL GET EVEN
Makes n List of Members of the COM
mittee for Future Reference
Israel Takes the Oath of
ONCE.


LINCOLN, Jan. 19.-(special Telegram. y
The Israel el-Benjamin contest case, which
occupied the house yesterday afternoon and
all OF this forenoon, was finally settled by
a partisan vote whereby Benjamin was
ousted and Israel was declared entitled to
his seat. The case was debated at consd-
erabel length and 1t was only after the
facts were developed that there was no
controversy over that part Of the report
which declared that Israel had a majority
Of the votes that debate was finally cut off
and the question brought to a vote.
There were no sensational features In the
struggle for the reason that the fusion mem
bers OF the elections committee had taken
part in all the examination Of the case and
the struggle yesterday and today was rather
to gain few days delay rather than from
any hope that Benjamin could be retained
in his seat Little bitterness seems to have
been engendered in the fight and the house
has settled down to work as IL nothing had
happened.
1t is probable that further move in the
Fillmore county case will be taken tomor-
row. The ballots from three missing pre-
c'ncts In Fillmore county have not yet come
in and there will likely be an inquiry about
F. skipton, the county judge, who has de-
fed the power of the legislature to act.
The legislature today attended to con-
siderable routine business and Is now in
good working order. The committees now
have many of the printed bills and reports
have commenced to come in. The house
went into committee of the whole this after
noon, which was unusually early in the
session. The bills TO provide money for
tie salaries and incidental expenses of the
session were also taken up and passed and
will be ready for action in the senate the
first OF the coming week.
The senate early In the session disposed
of the employe question by declaring that
the clerical force should be paid for each
day they were on duty while the senate was
in session. The house is approaching a time
when the same matter will have to be taken
up. 1t seems that last Saturday being day
that the house was not in session, a number
of the employees reported for duty and are
now asking for credit for the days work
This has led to dispute that will prob.
ably be settled in the house tomorrow by
a resolution similar to the one adopted by
the senate.
Contest Case Opened.
The discussion on the Israel 7er,j amin
contest case was opened by Lane O.; Ian
caster. who said that it seemed 20 him the
house was the sole Judge OF eligibility of
Its members and that the contest should be
decided along the lines of justice and right.
1t seemed to him that there was no doubt
that Israel had received a majority OF the
votes. The only objection raised to the seat
ing Of the contestant was that he was hold
ing the office Of county Judge at the time Of
the election. He did not think this barred
Israel from the seat and asked the chairman
Of the committee on privileges and elections
IL he knew when Israel retired from the
office OF county Judge Of Dundy county.
Chairman Fisher answered that the con-
testant, Israel, possessed a certificate show
ing that he had resigned the Office on the
second day OF Jaiiiary one day prior to the
opening Of the session of the legislature.
Mr.. Fisher then went into some detail as to
the manner Of procedure OF the committee in
counting the votes, showing that there was
no evidence OF the ballots having been tam
pered with, or that the recount had been
anything but fair and honest, with some
members Of the minority party present and
participating in the proceeding.
Weaver Of Richardson made an extended
argument, holding that Israel was not
eligible and citing numerous decisions bear
ing on the case. He suggested that some Of
the anxiety shown in the pressing Of this
matter was that the vote of the contestant
was especially valuable to one OF the candi-
dates for United States senator.
Detweiler of Douglas spoke on the ques-
tion, answering the arguments presented by
Mr.. Weaver and speaking in such an earnest
strain that he was frequently interrupted by
i'm froy
Sturgess OF Douglas as 70 the complication
that arose when Allen Field aud w. J. B,yan
were running for congress In the First dis
trict, Mr.. De.weiler said that congress was
the sole Judge of tho eligibility of its new
members and :ae question was not pertinent
at this time.
BENJAMIN States His Case.
Mr.. Benjamin, the contestee. took the floor
and spoke In an impass oned manner He
said the omm'ttee had net treated him
fairly, but he had their names on a list"
and this list would be used in the future in
getting even." He said: III God spares
my life / will be haze two years hence to
settle accounts with some OF those who are
trying to take my seat from ms."
Wilcox Of Lincoln, in opening his remarks
in favor OF the majority report, said he
hoped Mr.. Benjamin did NO: have his name
on the list, on account Of the fact that his
own seat and that of Mr.. Benjamin were SO
close together In the hal lie bad found
Mr.. Benjamin a very pleasant neighbor.
Mccarthy OF Dixon said that after a care
full study OF the case he had concluded that
the contestant had been fairly elected and
was entitled to his seat He quoted from
Conscience makes towards of
us all" and said the expression did not
state the truth. 1t was expediency and
policy that made towards of men. The oues-
tion before the house was whether a free
ballot and fair count should be upheld in
this state. He did not think the eligibility
of the contestant could be seriously ques-
toned
Walling Of Dawson said that in his mind
there was no doubt that the contestant was
fairly elected, and as for himself he was
willing to take the consequences so dra-
matically threatened by Mr.. Benjamin.
call for the previous question closed the
debate and the roll was called on the mo-
tion to adopt the minority report. The mo-
tion was defeated by a strict party vote
standing II to b2, Looms OF Butler (fusion)
being the only member absent.