The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-28


cupying seats. The protestants claimed
that by accepting commissions in the army
Getzendanner and Pierson, respectively,
vacated their office as members of the state
Senate Without their votes Mr.. Scott
would have had 46 votes
The friends of Mr.. Scott contest these
points. urging cause for the suspension of
the two members and also showing that
Messrs. Getzendanner and Person had
resigned their offices in the army before
casting their votes for Mr.. Scott for SEN
ator.
.To-day's session was devoted entirely IN
hearing the arguments of counsel on the
merits of the case. ii having not yet been
decided whether evidence should be taken.
The first speaker for the protestants was
Judge John Fl. Holt, of West Virginia
He urged that Getzendanner and Pierson
were absolutely prohibited by the West
virginia Constitution from the acceptance
or office under the federal government
They had the choice of retaining their
civil offices or accepting the positions in
the military service, they had accepted
the latter position and thus, ipse facto.
they had vacated their state Offices True,
the state Legislature had pronounced to
the contrary, but, Notwithstanding this
fact, he commended 1t was the duty of the
United states to go behind the action of
the state body. AS to the agreement under
which the, election was effected, he con-
sidered 1t a mere private understanding,
and that because 1t was such, and not an
ofncial function, the election was vitiated.
He urged that with the seats of the two
state senator's once vacated. there was
no way by which they could again take
their seats except by reelection, which was
not resorted to in either of these instances.
The agreement referred to was that by
which the two houses of the Legislature
arranged to meet in joint session for the
election of a senator and disregard the
contest over seats allowing neither con-
testant nor contestees to vote. This agree
ment, Mr.. Holt declared, was corrupt, a
violation of law, contrary to public policy
m yvith fUb fitn
1t amounted to Acknowledgement of two
Democratic members who were afterwards
seated, one in the Senate and the other in
the House. Thus the vote of the joint assem-
bly, was reduced from 81 to 50 and making
As majority. The agreement was among
members of the Legislature and was con-
trary to the law and to public policy as
well.
Mr.. Holt devoted much of his time to
consideration of the report of the SEN
ate of the United States to investigate the
qualifications of members of the state Sen
ate, holding that as matter of self-pres-
ervation the federal Senate was bound to
go behind the decisions of a state body.
The qualifications of it's own members
were involved and the federal Senate could
not afford to say that 1t would be bound
by the conclusions OF "a state legislature,
however foolish they might be.
Frank l.. Wells, also counsel for the prot
estants. contended that the contests for
seats in the West Virginia Legislature
were the result of conspiracy on the part
of the Republican managers to insure the
election of Scott. and that in some cases
where the contests were insisted on,
even the contestants did not want
TO enter into them. Bloodshed was even
threatened by Republican state officers. Mr..
Wells urged the committee in favor OF
these contentious to take testimony and
allow the protestants to prove these facts.
He said that conditions In West Virginia
were as bad as had ever been known In
the South In the days of the reconstruc-
ton. Mr.. Wells said that a long investi-
cation would not be necessary, nor would
many witnesses be called. Among others
of the State called to testify as to his
threat to call out the militia to force the
recognition of rump legislature.
Ex-senator Faulkner, in presenting the
cause of Senator Scott, said that Ii was
admitted that at the beginning of the last
session of the West Virginia Legislature
Republicans controlled 1T upon joint ballot,
the Democrats having a majority In the
House and the Republicans in the Senate.
Even with the two seats held by soldier
senator's vacant the Republicans would
still have at that time forty-seven to forty
six. With reference to votes of Senator's
Getzendanner and Person, he admitted
that they had accepted commissions in
West Virginia regiment in the Spanish
war; but said they had resigned these
commissions prior to the meeting OF the
Legislature, The State Senate had de-
cided by a vote of 10 to that the men
were entitled to hold their seats. This de-
cision, he commended. was final, and he
urged that the United States Senate could
not legitimately interfere or go behind the
determination of the State body. In pre-
senting this point he laid down the broad
proposition that where State body has
Jurisdiction over the subject matter of any
question its decision as to the State laws
and Constitution is binding upon the fed
eral authorities. Hence the United States
Senate could not under the circumstances
enter upon any inquiry as TO the qualifica-
tons of Messrs. Getzendanner and Pier
son. The State Senate was the proper
judge of their qualifications and there could
be appeal to the federal Senate. To
pursue a contrary course would be to open
the door for the investigation of every
popular election held in which senatorial
election was involved Referring to the
agreement under which the joint conven-
ton in which Mr.. Scott was chosen senator
was held Mr.. Faulkner said that If both
the members holding the seats which were
contested had been allowed TO participate
have voted for Scott. thus increasing his
vote to forty-nine. He admitted, how
ever. that afterward Morris was unseated
and his seat was given to a Democrat
Furthermore the proposition for the
agreement had been made by the
Democrats and all the plans of
that proceeding outlined by them. Mr..
Faulkner said he did not believe the United
States Senate had any concern with the
reports that the State officers had made
threats of organizing fraudulent Legis-
lature These reports were only rumors
and as for the attorney general. while the
report concerning his utterances might
be true. ne had no power TO do what he
had said he would, and his remarks were
not to be considered
Henry NJ Russell closed the remarks for
the protestants.
The Washington Statue Association, of
which Mrs. Justice Field is president, and
the object OF which is to present to France
a statue of Washington, commemorative of
the gratitude of the women OF America for
the aid rendered 10 their country In its in
| fancy and hour OF need by France, has just
received a concession from the municipality
| of Paris of a site for the statue on the
beautiful Place d'Iena, at the intersection
| Trocadero. The monument will be thor
modelled in this country by American
sculptors and has been cast in bronze by
| an American company. Moreover. the ped
eStal was designed by an American and
| will be executed in American granite. The
incident chosen il when Washington took
charge of the army at Cambridge and he Is
represented with uplifted sword. invoking
divine aid. The statue Is equestrian. OF
| bronze and OF heroic size. being about
| twenty-one feet i'm height 10 the point of
the sword, and is TO be erected a classic
pedestal OF granite fourteen feet in height
| II is designed To unveil the monument on
| the Cd of next July. the anniversary of the
day on which Washington assumed COM
mand OF the army. The statue has been