The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-12-12
HOUSE HIGHER
THAN THE LAW
Plain Provision of the Statutes
Will Be Disregarded.
CONTESTED ELECTION CASE
TIME LIMIT SHORTENED BY THE
REPUBLICAN MAJORITY.
CONTESTED ELECTION CASE

vi ASHINGTON, Dec 1.-THE house
w today devoted practically the
whole day to the discussion TO
limit the period of taking testimony in
the Wagner Butler contested election
case to forty days, and finally adopted
a resolution to that effect by a party
vote, 155 to 11S.
The purpose of the resolution is to
permit the house to pass upon the case
at this session. Under the regular
method of procedure, several months
are given to the preparation of a con-
tested election case. Mr.. Butler, the
sitting member. was unseated at the
last session and again returned at the
last election to fill the vacancy. He
had 5000 plurality on the face Of the
returns. but the returns are contested.
The house today set aside Sunday,
Jan. %. for paying tribute to the MEM
DRY of the late Representative Charles
Russell of Connecticut.
Butler Case Called Up.
Mr. Olmstead of Pennsylvania, of the
committee on elections No. ,, called up
the bill which limits the period for TAX
ing testimony in the contested election
case of Wagner VS.. Butler, from the
Twelfth Missouri district. The sitting
member in this case was reelected to
NIL a vacancy created by the action Of
the house in unseating him at the last
session. At the November election this
year he had something over 5000 plu
ralit on the face of the returns. His
opponent charged systematic and stu
pendous frauds" and the election COM
mittee reported the resolution to short
en- the time for taking testimony in
order that the house might pass upon
the case before the expiration of the
session, March next Mr.. Richardson,
the minority leader, raised the question
of consideration against the report.
The house voted, 1876 to ia, to con-
slider the report. Pending its consid-
Grafton, Mr.. Wadsworth of New York
reported from the committee on agri-
culture bill to appropriate s1,o00,000
to eradicate the foot and mouth dis
ease among the livestock in New Eng
land, and gave notice that he would
call it up tomorrow.
Statutes Violated.
Mr.. Richardson then made the point
of order that the report of the election
committee was directly in the teeth of
the federal statutes fixing the time for
taking testimony, and was not privi-
legged. The speaker ruled that the
house having voted to consider the re-
Mr.. Olmstead, in support Of the re-
port, admitted that statutory pro-
visions fixed the time for taking testi-
mony, but cOntended that the consti-
tutional provision making the house the
| judge of election of its members was
above the statute.
Mr.. Robinson Qndiana), on behalf Of
the minority, offered as a substitute
for the recommendation of the major
Int to nth iTn hn
| pointment Of a subcommittee of five
members to go to st. Louis and inves-
btigate the circumstances attending the
/ election. Messrs. Green (Pa.), FeIIy
4 Qlls.) and DeArmond (Mo) argued in
/ support of the substitute, and Messrs.
/ Bartholdt (Mo). Powers (Mo), Mann
! Qlls.). Joy (Mo) and Miller (Kan.) in
favor Of the majority resolution. The
substitute was voted down, 106 to 126.
The majority resolution was then
adopted, 155 TO lis.
Committee Assignments.
The designations of Mr.. Jenkins
/ CWis.) from membership on the COM
mittee on irrigation, Mr.. Hill Conn.,
] from the committee on expositions, and
Mr.. Powers (Mass.) from the commit
| tee on elections No. were laid before
! the house and the following committee
/ assignments were announced:
/ District of Columbia, Mr.. Powers
| (Mass.); coinage, weights and meas
/ ures, Mr.. Brandegee Comm; on ex-
/ positions, Mr.. Gardiner (Mass.) cleo
J tons committee No. 2. Mr.. Dwight On.
IY); expenditures in the war depart
ment. Mr.. Brandegee; irrigation of arid
( lands, Mr.. Dwight and Mr. Brandegee,
and on census, Mr.. Gardner.
/ The following members were ap-
| pointed to compose the committee on
accounts during the coming recess:
Messrs. Hildebrandt CO.), Hughes CIV.
| Va.) and Bartlett (Ga.)
/ At O'Clock the house adjourned.
/