The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-28
Only Three Votes Recorded I'm Favor
of Oustfng zbe West yir-
ginfa Republican.
TURPIE CASE A PRECEDENT
SENATE DECIDED To FOLLOW
ACTION TAKEN YEARS AGO.
Cotton Claims OBSERVATION-DISCLOSURES for
Widow of colonel Stotsenburg
-~Ninety-One Bills Passed.

WASHINGTON. April 27.-The Senate to-
day voted upon the resolution declaring
Nathan b. Scott to be entitled 10 his seat
In the Senate from West Virginia The
number of votes in the negative was only
three. During the debate Mr.. Turner. OF
Washington, declared that If the facts were
as stated by Mr.. Pettus yesterday Mr..
Scott was not entitled to his seat He be-
Eeved there had been duplicity. double
dealing and fraud in the election Of Mr.
Scott. He particularly attacked the agree
ment which had been entered into by GER
tain Democratic and Republican leaders OF
the Legislature, affecting the seats of MEM
bers of the West Virginia House and Sem
ate. maintaining thar this presented such a
state of facts to the United States Senate
as would warrant Ii in making a thorough
investigation OF the Scott case.
Mr.. Chandler. chairman of the commit
tee on privileges and elections. read some
remarks of Mr.. Morgan. OF Alabama. made
yesterday in which he said the Alabama
senator seems TO lean to the belief that
the Indiana case affecting the right OF
Senator Turpie to a eeat in the Senate had
not been decided correctly. Mr.. Chandler
said If Mr.. Morgan really did believe the
Turpie case was not decided correctly and
that it ought 10 be reversed. ne would stand
with him. The decision in that case was
that the Senate should not reopen the de-
termination of the Legislature of Indiana.
He was willing 10 have the decision I'm the
Turpie case r%eopened. IL the Democratic
senators were, and he was satisfied Mr..
Scott could well stand on the facts. He
gave warning that in the next Senate the
credentials of Mr.. Blackburn, of Ken
lucky, would be considered and il the doc
trine established in the Turpie case, which
had been recognized as binding on the
Senate, was to be overruled the Senate
would be called on 90 go into the question
as to the competency of the federal power
TO go back of the returns of a duly and
legally constituted Legislature.
Mr.. Bacon, of Georgia, said he believed
the majority report of the committee was
based on sound law and that the United
States Senate could not enter into any in
vestigation of a Legislatures right 10 de-
termine the qualifications of its members.
MIR. Teller took similar grounds, holding
that the doctrine accepted as established by
the decision In the Turpie case was sound
end safe.
Mr.. McComas, of Maryland. said that IL
the Legislature of West Virginia had not
taken the action IL did take with respect to
the contests OF Brohard and Morris and
Kidd and Dent, the effect would have been
to increase the majority of Mr.. Scott in the
joint assembly instead of decreasing IL.
The whole proceedings were regular. and
the Senate had, In his opinion. no power
to review the action of the Legislature.
The vote was then taken.
Mr.. Money, of Mississippi, by unanimous
consent. called up a bill to amend an act
IN nrOyidp for the 0alla0fi0p Of ohondNnod
property and the prevention of frauds I'm
surrectionary districts within the United
States. He desired, he said. to submit some
remarks on the measure. Before proceed
ing, however, he offered an amendment, in
the form of a new section. restricting the
provisions of the bin TO the proceeds OF
cotton seized and sold under the act Of
1868. Mr.. Money explained that the bill.
II passed, would afford opportunity to own
ers of private property to establish their
proprietorship of the cotton that fell into
the hands of the authorized agents OF the
United States during the civil war. The
doors would not, he said, be opened to n
general raid on the treasury. The amount
involved would be less than S.OOO.OO He
said that the money from the sale of the
cotton had been placed In the treasury as
a trust fund. and asserted that under the
law OF civilized warfare and OF nations,
money so received rightfully belonged TO
the owners of the seized property.
Mr.. Chandler said that half the money
which the government had realized from.
the sale of seized and abandoned property
had been returned in times past TO the peo-
pie OF the South. II had cost the United
States government 5000. 0O0. 600 and 300. 200
lives to carry the civil war TO a conclu-
sion, and he thought IL well to place this
little pittance as a set-on against the
enormous expenditure OF $500. 900. 600.
Mr.. Money said he had no doubt OF the
position of Mr.. Chandler and fully ex-
pected him to act in accordance with his
judgment, but there was a right IN this
case which no mar ought TO disregard. He
appealed to senators opposed to the meas
ure to permit II to come to a vote. The
bill was then laid aside.
Mr.. Chandler gave notice that on next
Wednesday he would ask the Senate 20
take up the case CT Senator Clark. Of
Montana, adding thar IL no one should de-
sire to speak in opposition 10 the report
OF the committee he would have nothing t.
say in support of IL.