The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-10-17
DIR. SENN'S
Rheumatic Cure.
Unequaled for
Acute. Chronic. Infiammatory
or Sciatic Rhematism.
We Recommend Il.
celHzNtuzzcu
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Cor Of seecud Ave and Columbia ST. Re, Main II

Cor Of seccnd Ave and Columbia 81. Re, Main Ia
sets. The house refused TO consider the
resolution by an overwhelming majority
but twenty-five members voting 10 consider
it-ans no further attempt was made TO
bring II up IN that congress.
Further Debate on subject.
Mr. Cannon was elected 10 the Forty
fourth. For;y-fffth and Fo:ty-sixth con-
crosses and no question was raised against
MS being sworn IN AZ the ORGANIZATION Q,
When the house Of representatives was
organized On December 5. 1851. the roll OF
delegates was nor reached. On the follow
ing day Speaker Ke!fer directed the Clerk
10 call the roll OF delegates from ali thu
territories save Utah. and that was done.
long contest and debate followed. and
lsss- 1t was then called up and DEBATED
the entire day. the house finally adopting
the following substitute submitted by Nj
Reed. OF Maine:
d" Resolved. That the papers in relation
10 the right 10 a seat as a delegate from
the territory OF Utah be referred 10 the
committee on elections, with instruet2ns
10 report at as early day as pracucaole
ar 10 the prina faeie right. or the hnal
right. OF claimants 10 the seat as the com
mittee shall deem proper
Mr.. Allen G. Campbell, who received a
few votes and claimed the seat on the
theory that All the votes cast for Mr.. Can
"On February Is. 1882 Mr.. Caikins. OF
Indiana, chairman. reported from the com
mittee on elections. three resolutions. the
ant. was not entitled TO the seat: the sec
ond. that Mr.. Cannon. the contestee. was
not entitled TO the seat, and the third de-
claring the seat of delegate from the ter
The case was called up on April is.
1859. and debated at length. and the house
case came M the following day and was
debated at still greater length. many able
and exhaustive speeches being made. MT
Cannon himself making ,,s., s'r9ns sgsech
Mr.. Cannon elected. was defeated by yeas
70 nays 1913 and the three resolutions re-
ported by Mr.. Calkins were adopted with
ont division.
Preccdents Favor Roberts.
The grounds taken by the committee
on elections IN their report was that Mr..
Cannon was disqualified for election as
delegate by reason OF his being poly
the votes received by Campbell. not being
a majority of all the votes cast. did not
entitle him to the seat because those
cast for Cannon were rejected. There is
probably not the slightest reason that Mr..
Roberts will be duly seated If the uniform
precedents % the house of representatives
probably 10 doubt that his seat will be
declared vacant when the committee on
elections shall present the question to the
house"
The ablest writer and leading authority
On the laws Of election in this country
Gen. Halbert f. Paine-in his Treatise on
the Law OF Elections" draws very clear
and positive distinction between the power
of the house TO Judge Of the elections.
returns and qualifications Of It's members"
which requires but a majority vote to de-
ii M vyssfC IN
requires two-thirds vote to exercise
He says: But the house possesses an
other power TO decide who shall and who
shall not hold seats in that body. 1t is
altogether distinct In origin and charac-
ter. from the power to Judge of the cleo
lions. returns and qualifications of its
When to requires two birds vote far its ex-
ercise. 1t is conferred by the following
clause OF the constitution: Each house
may determine the rules OF Its proceedings.
punish Its members for disorderiy conduct.
and with the concurrence of two-;hirds.
exrel a member The difference. In char
elections ard qualifications OF members OF
the house. and the power OF expulsion. Il
broad and marked; In the former case the
clearly defined points Of inquiry;
First Is The claimant If the seat duly
returned? Second. Is he duly elected
ions Ions for membership which are PRESCRIBED
by the constitution OF the United States
And the jurisdiction Of the committee On
elections over caaes referred by the house
quiries But the power o. expulsion f.
wholly different. Il touches no question
Of r ba ss or =, ,ba
turn. the validity Of the election and the
constitutional qualifications Of the repre-
sentative ere alike :r1potent defenses
against the resolution OF expulsion"
Another Possible Complication.
Another complication may possibly arise
in this connection Mr. Cannon was elect
ed 10 ,h. Forty-seventh congress. but was
not seated on his prirna facie certificate,
stated. Being a delegate. without the
right to vote. he was not member Of the
house OF representatives In the strict legal
sense Of the term. The statute tR. s. Sec.
81 directs that the clerk of the nsxt pre-
ceding house of representatives shall make
but is silent as "a delegates. Another sec
ton provides that each territory snail be
entitled 10 delegate, but does not require
the clerk 20 put his name on the roll
The case Of r. r Whittemore. Of New
York IN the Forty-frst congress has been
relied upon" said Gen. Paine. 'as an au-
thortty for the refusal 10 admit repre-
sentative elect on other grounds than mere
constitutional qualifications" Gen Paine
then saws inst "a critical examination Of
that case VIII show that the house only
resignation escaped expulsion from that
house should not be reaiulitted u the same
house" From thar Il would appear that
the case Of Cannon n the Forty-sevenia
congress IS unique
Contest Was n Farce.
NJ Cannons name vas not called by the
Jerk 5y special direction ana order Of
Speaker K-ifer That action Wa clearly
arbitrary and without authority Of ia~ or
order % She house. and resulted as was
advantage ~ being seated under clear
p-trsa facte case The confess OF Camp