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The question was taken on Mr. SCHENCK'S R. No. 100) for the relief of certain contractmotion ; and there were-ayes 44, noes 20; no ors for the construction of vessels of war and quorum voting.

steam machinery, Mr. ROBINSON. I move that the House Mr. EDMUNDS. I object. That had bet do now adjourn.

ter wait until the Senate is full. The SPEAKER. The Chair understands Mr. DRAKE. I ask the indulgence of the that the gentleman from Ohio [Mr. SCHENCK) Senate about this matter. I do not wish to has a proposition to make to the House. press it while the Senate is so thin, and I am

Mr. ROBINSON. Then I withdraw my perfectly willing, if the Senate will take it up, motion.

to give way to other' matters until the Senate ORDER OF BUSINESS TO-MORROW. becomes more full, which it will in the course Mr. SCHENCK., I renew the proposition of the next ten minutes, and I ask the indulwhich I made to-day, that the House shall gence of the Senate about it. The whole matmeet at eleven o'clock to-morrow, go into

ter was incidentally discussed the other day in Committee of the Whole on the state of the

connection with the other bill that was preUnion on the tax bill immediately after the sented, and the Senate, I suppose, understands morning hour, șit until five o'clock, and have the case perfeetly. Gentlemen who are conno evening session.

cerned in this matter, who, as has been before There was no objection; and it was so

stated, have been driven to the verge of bankordered.

ruptcy, if not to total, complete bankruptcy, The SPEAKER. No quorum having voted

by the subject matters which this bill covers, on the motion of the gentleman from Ohio

have been

here for months waiting anxiously (Mr. SCHENCK] to close debate, it is not

to learn whether Congress would give them the agreed to.

poor privilege of going into the Court of Claims Mr. ROBINSON. I move that the House to see if they could make out a case. do now adjourn.

Mr. TRUMBULL. If the Senator from The motion was agreed to; and thereupon | Missouri will allow his motion to pass by until (at ten o'clock and twenty minutes p. m.) the

the Senate is fuller, I will move to take up a d

little bill to which I am sure there will be no House adjourned until eleven o'clock a. m.

tt objection.

Mr. DRAKE. I beg the honorable Senator

from Illinois to allow this joint resolution to PETITIONS, ETC.

be taken up, and then it may be postponed The following petitions, &c., were presented | for other matters, if the Senate will so far

pc under the rule, and referred to the appropriate || indulge me. committees :

Mr. CHANDLER. Is the morning business By Mr. CLARKE, of Ohio: The petition through? of Mrs. Vene L. Kennedy, widow of Dr. Lock The PRESIDENT pro tempore. It requires in Kennedy, of Batavia, Ohio, for a pension. unanimous consent to consider the joint reso

in By Mr. CULLOM: The petition of William

lution indicated by the Senator from Missouri J. Conkling, in behalf of the one hundred and

pr at this time.

ha forty-fifth regiment Illinois volunteers, asking Mr. DRAKE. Does it require uranimous

in: Congress to provide for the payment of the consent?

to soldiers of said regiment from the date of Mr. EDMUNDS. Certainly. We must first enlistment. By Mr. GLOSSBRENNER: The petitions | go through with the morning business. The PRESIDENT pro tempore. Under the

to of manufacturers of iron &c., in Cumberland new rules it requires unanimous consent until county, Pennsylvania, complaining of the want the morning business is through with.

ME of efficient protection against the cheaper labor Mr. DRAKE. If the Senate will just let and capital of foreign countries, and praying

Ex me take it up, I will give way to other busithat Congress will resuine consideration of the tariff bill which passed the Senate but failed Mr. EDMUNDS. You can get it up after in the House, March, 1867, for want of time, the morning business is through with. and enact it into a law at the earliest practica- Mr. DRAKE, I fear I shall not be able to

be do Also, a memorial of tobacco and cigar man- The PRESIDENT pro tempore. Is there ufacturers and dealers in the various products || any objection to taking up the resolution men

It of tobacco, remonstrating against the proposed | tioned by the Senator from Missouri? change in the internal revenue tax upon tobacco Mr. EDMUNDS. Yes, sir; I object. and its manufacturing products. The PRESIDENT pro tempore. Petitions

tha By Mr. JUDD: The petition of Messrs. and memorials are in order.

cha Armstrong & Co., and others, asking removal of tax on refined petroleum.


at 1 Also, the remonstrance of George Richards Mr. TRUMBULL presented the petition of and others, against the extension or removal Emilie Rossmässler, of Quincy, Illinois, pray- tee of Howe's patent on sewing machines. ing the passage of au act of Congress prohih- wh

By Mr. STOKES: The petition of the widow iting the translation of the works of Professor int of D. H. Bingham, of Athens, Alabama, pray

E. Å. Rossmässler, deceased, by any person ing compensation for forage and other property

without the consent of his widow, and granting doc used by the United States troops during the a copyright to her for the publication of the on! month of May, 1862.

translations of those works; which was referred
to the Committee on the Library.

pro Mr. HOWE presented the petition of Charles thai IN SENATE.

Radcliff, father and heir-at-law of First Lieu-
SATURDAY, June 13, 1868.

tenant H. Gansevoort Radcliff, commanding || that Prayer by Rev. E. H. Gray, D. D. company C, eighteenth regiment United States

desi On motion of Mr. MORTON, and by unani: infantry, praying payment to him of an amount

poli mous consent, the reading of the Journal of

due from the United States to Lieutenant Rad- ing yesterday was dispensed with. cliff at the time of his death ; which was referred

exp to the Committee on Claimg.


Mr. CONKLING. I present the memorial of M Mr. DRAKE. I ask the consent of the one hundred and twenty residents and citizens I deci body to take up for consideration Senate joint of the Territory of Colorado, protesting against | enti resolution No. 100.

the admission into the Union of that Territory the The PRESIDENT, pro tempore. It requires as a State under the pending bill, and assigning tribi unanimous consent at this time. Is there any a number of reasons as their grounds of protest, beer objection?

which, briefly, I will state. They allege that the of p Mr. MORRILL, of Vermont. What is it? sparsity of population and consequent small

gree Let the title be read for information.

amount of taxable property, taken in con- it is The CHIEF Cerk. The resolution pro

nection with the depressed condition of mining prop posed to be taken up is the joint resolution (s. Il affairs, and the high prices necessarily paid for to be



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five years.

data and information on the subject as will thereon in any judicial district of the United States and shall serve a copy on the incumbent or
enable us to present it in a form which we

where the offender may be found, or in which any
underwriter or owner of such vessel may reside or

person who has received the certificate of
hope will meet the approbation of the Senate.
have his established place of basiness: Provided,

election, and the person so served is to make In my opinion there should be a few additional That nothing herein contained shall prevent the answer to the petitiou within five days; and copies printed of those publications which are

finding of such indictment against any person or
necessary to be placed before us for our own
persons fleeing from justice after the expiration of

the court is thereupon to try the rights of the said period.

parties to the office in a sunımary mauner ; information. Of course the reports of the

So as to make the section read:

and for that purpose a special session is to be Executive Departments are of no use to us

That no person shall be prosecuted, tried, or pun

called and held whenever necessary for the unless they are printed. Large masses of ished for the capital offenses set forth in the act to purposes of such trial; and the decision of the manuscript referred to a committee cannot which this act is in addition unless, the indictment receive any attention even in the committee, for the same is found by a grand jury within five

coart in any case so brought before it is to be much less out of it; and when they are printed years after such capital offense is coinmitted.

final and conclusive. And when any contest I think, and I believe my colleagues of the com

The amendment was agreed to.

exists in relation to the election of any memThe next amendment was after the word

ber of the board of aldermen or common mittee agree with me, a few additional copies should be printed and sold at about the cost “committed,” in line three of the second sec

council, the mayor of the city is to appoint all of publication, or a little less than the cost of tion, to insert " within three years;"! so as to

subordinate officers. make the section read :

An amendment was reported by the Com. publication, for the Government should do

SEC. 2. And be it further enacted, That this act shall

mittee on the District of Columbia, to strike something toward distributing that kind of take effect from and after its passage, and its provis

out of the fourth section the following words: information, and then let it pass into the hands ions shall be applicable equally to offenses commit- And when any contest exists in relation to the of those who think it of sufhcient value to pay

ted within three years before and offenses committed election of any member of the board of aldermen or

after its passage. for it. My own experience is that whatever a

common council, the mayor of said city is hereby man gets in this world without paying for it is

Mr. EDMUNDS. I should like to have the

authorized to appoint all subordinate officers.
of very little use to him or anybody else.
chairman explain what this bill means, and

And in lieu thereof to insert :
I am glad that the resolution which I have
who it is for, and so on.

And when the legal organization of the board of reported meets the assent of the Senator from

Mr. TRUMBULL. If the Senate desire an

aldermen or board of common council shall be

delayed on account of any contest in relation to the Vermont, as it was on his motion the resolu- explanation about it, I am sure the Senator election of any member of either of said boards, the tion was passed which is to be rescinded. The from Vermont does not, for he knows all about mayor of said city is hereby authorized to inake committee thought that this report was of very it-it is a bill that was considered in the Com- temporary appointments of all subordinate officers,

whose appointment or election is authorized by the great consequence to the industrial interests

mittee on the Judiciary. The whole effect of said mayor and members of said boards under
of the country, and also to the manufacturing the bill is to extend the time within which men existing laws, to continue until said boards shall be
and mechanical productions of the country.
guilty of capital offenses against the United

legally organized.
The PRESIDENT pro tempore. The ques-
States may be indicted from three years to

The amendment was agreed to.
tion is on agreeing to the resolution.

The bill was reported to the Senate as The resolution was adopted.

Mr. MORTON. I ask the chairman of the amended.

committee if it is not intended to meet a par- The PRESIDENT pro tempore. The ques: BILLS INTRODUCED. ticular case ?

tion is on concurring in the amendment made Mr. HOWE asked, and by unanimous con- Mr. TRUMBULL. The bill has its origin as in Committee of the Whole. sent obtained, leave to introduce a bill (S. probably arising out of the fact that there is a Mr. HENDRICKS. I think some explanaNo. 541) to amend an act entitled " An act to particular case where the limitation will likely tion of the force and effect of that amendment aid the construction of certain railroads in the expire before proceedings would take place; ought to be made to the Senate. State of Wisconsin, approved May 5, 1864; and that is a very proper reason, I suppose, for Mr. HARLAN. It seems to me the amendwhich was read twice by its title, and referred calling attention to the law upon that subject || ment explains itself. Under the existing laws to the Committee on Public Lands. and correcting it.

subordinate officers in the city of Washington Mr. CHANDLER asked, and by unanimous The amendment was agreed to.

are elected or appointed Ity the mayor and the
consent obtained, leave to introduce a bill (S. The bill was reported to the Senate as members of the boards of aldermen and com-
No. 542) for the relief of Thomas W. Ward, | amended, and the amendments were concurred mon council in joint meeting. While these
collector of customs at Corpus Christi, Texas; in, The bill was ordered to be engrossed for a boards are in a disorganized condition it is
which was read twice by its title, and referred third reading, was read the third time, and impossible of course for them to make an elec-
to the Committee on Commerce.

tion. It may
be necessary,

however, to have
Mr. FOWLER asked, and by unanimous con- CONTESTED ELECTIONS IN WASHINGTON. certain of these offices filled during that period,
sent obtained, leave to introduce a joint reso-
lution (S. R. No. 144) in relation to the erec-

On motion of Mr. HARLAN, the Senate, as

and the amendment is intended to confer on in Committee of the Whole, proceeded to con

the mayor the authority to make temporary tion of a custom-house at Nashville, Tennessee; which was read twice by its title, and

sider the bill (S. No. 534) relating to contested | appointments to act during the period of this referred to the Committee on Commerce. elections in the city of Washington, District supposed controversy. The bill as it stood of Columbia.

originally authorized the mayor to make perPRATT, ARNOLD, AND WALBRIDGE. The first section provides that whenever any

manent appointments, which the committee

thought was not proper. They think the law Mr. STEWART submitted the following person has received or shall hereafter receive resolution ; which was considered by unanià certificate from the register of the city of

as it now stands is right; but a contingency mous consent, and agreed to: Washington, based upon satisfactory evidence having arisen when the boards are unable to

organize, when it may be necessary that subResolved, That the Postmaster General be requested

furnished by the commissioners of election,
to furnish to the Senate all information in his De-
notifying him of his election to any elective

ordinate officers may be appointed, the author
partment in regard to an alleged contract of Pratt,
Aruold & Walbridgo for carrying the mail on route

office of the city, the person receiving such ity to appoint them temporarily ought to be notification shall be entitled to enter upon the

lodged somewhere, and the committee propose No.15703, between Humboldt City, Nevada, and Boise City, Idaho, and also in regard to services performed discharge of the duties of his office, and the

to lodge it in the mayor for the time being. by said parties under said contract, together with all certificate of the register shall be prima facie

Mr. DAVIS. Mr. President, I ask the honother information toucbing the claim of said parties evidence of his election to and right to dis

orable Senator who bas charge of this biit if against the United States. charge the duties of the office.

its operation is not to be retrospective. The STATUTE OF LIMITATION AS TO CRIMES. The second section provides that any person

first clause reads:
Mr. TRUMBULL. I move to take up for
who shall hinder or obstruct a person holding

That whenever any person has received or shall consideration Senate bill No. 509. I think it the certificate of election mentioned in the

hereafter receive a certificate from the register of the will take but a few moments to pass it, foregoing section from entering upon or dis

city of Washington, based upon satisfactory evidence

furnished by the commissioners of election, notify; Mr. HARLAN. I desire very much to have charging the duties of his oltice, shall be ing him of his election to any elective office of said the Senate take up and act on the bill pertain- deemed guilty of a misdemeanor, and upon

city, the person receiving such notification shall bo ing to contested elections in this city. I think conviction thereof, in any court of competent

entitled to enter upon the discharge of the duties

of his office. it ought to be acted on.

jurisdiction, shall be fined in any sum not I understand that a corporation election has Mr. TRUMBULL. The bill which I move exceeding $1,000, or be imprisoned in the recently taken place in the city of Washington, to take up is a bill that ought to be acted on, county jail not exceeding six months, or both, I ask the honorable Senator if the effect and and I think it will take but a moment. I hope in the discretion of the court.

object of this bill is not to furnish a new law there will be no objection to it.

The third section proposes to give the to regulate and decide that election from what The motion was agreed to; and the bill (S. supreme court of the District of Columbia, or existed at the time the election took place. No. 509) in addition to an act passed March any judge thereof, jurisdiction to enforce, by Mr. HARLAN. In answer to the Senator's 26, 1804, entitled "An act in addition to an act mandamus, or otherwise, the right of any inquiry, I would state that it is intended to entitled 'An act for the punishment of certain person holding the certificate mentioned in the provide a law to meet an existing case. There crimes against the United States,

first section; and the action of the court in is now no law on the subject, as far as I can sidered as in Committee of the Whole. relation thereto is to be final.

discover by examination, The bill consists of two sections. The Com- Under the fourth section any person who Mr. DAVIS. The explanation of the hon; mittee on the Judiciary proposed to amend the claims, or shall bereafter claim, to be elected orable Senator is just what I conceived it would first section by striking out after the word to any elective office in Washington city, may be. I understand the present law of the Dis"committed," in line seven, as follows: commence proceedings before the supreme trict of Columbia to be such that no disputed

And such indictment may be found within said court of the District of Columbia, by petition election can exist which may not be decided period, and prosecution, trial, and punishment had Il setting forth the facts upon which he relies, in the courts by the law. If I understand the


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state of the case, there is now pending in this change the law which existed at the time the city a disputed election in relation to the may- election took place, and by which the rights of oralty, and probably other officers. This the parties ought to be decided, and proposes pute is about to go to the courts for decision new legislation to give to one of the contestants according to the existing laws at the time the an advantage which the existing law did not election took place. The laws as they existed | give him. Sir, I do not believe that any legis. at the time the election took place are not sat- lation in such a state of contest growing out isfactory, however, to the majority of the Com- of an election, to give to one of the parties an mittee on the District of Columbia, and they advantage, ought to be undertaken by the are not satisfactory to some of the Radical Senate. I hope, therefore, that this bill will candidates and claimants for these disputed not pass, but will be rejected. offices; and the effort and object of this bill Mr. HARLAN. Mr. President, the honoris simply to introduce a new law and a new able Senator who has just taken bis seat preprinciple of decision for those disputed elec- sents his objection to the bill fairly. I agree tious than what existed under the law at the with him that no new law ought to be passed, time the elections took place. I do not think and no amendment of an old law, unless those that that is a proper system of legislation. who present it can give a satisfactory reason When an election takes place in the District for it; and if there is at this time no satisfac. it ought to be conducted in conformity with tory reason for the passage of this bill, I agree the existing law. If it is not so conducted, with him that the Senate ought not to enact it. and there is any irregularity in the election | The Senator has stated, however, that he is that would entitle either the one candidate or not familiar with the laws as they now exist, the other to the office that may be in dispute, | and on account of that want of familiarity he the contest ought to be decided between the has adopted an error, as I think. There is no disputants according to the existing law, and existing law which will furnish a remedy for it is not, in my judgment, proper legislation the existing case. This, therefore, is intended for the Congress of the United States to inter- to be merely a remedial statute, to provide a vene as the supporters and partisans of one of remedy for an existing case where there is at the candidates in a local election, and to estab- present no legal means of obtaining relief. lish a new rule and a new principle by which Under the old charter of the city of Washcontested elections shall be decided by the ington, whiclı probably still is in foree, at least intervention of a new law on the subject. it is the law under which this election was held,

I am not, to be sure, au fait on the subject the board of aldermen and the board of com: of the local laws of the District of Columbia. mon council are the judges respectively of the IL I never belonged to the Committee on the Dis: qualifications and election of their own memtrict of Columbia. The honorable gentleman || bers. I suppose that that would exclude the thi is chairman of that committee; and I concede jurisdiction of the courts, the law providing that he is much more familiar with and better that the boards shall be the exclusive judges; in informed in regard to the laws that regulate that respect adopting the principle of the Con- Io these elections and all the affairs of this Dis- stitution as applied to the Senate and House de trict and its people than I am. But if I under of Representatives of the Congress of the stand the case there are statutes in opera. United States. Usually such a law would be tiou now by which the disputed questions and sufficient to provide for the trial of any conthe disputed rights to office under the recent tested election of a member of either body, but lea corporation election may be decided in the in the existing case this law is inoperative, courts under the existing laws at the time the from the fact that there have been organized elections took place. After the elections have two boards of aldermen and two boards of taken place, and when contested elections and common couneil, each claiming to have been of contested rights to the offices are raised or legally elected under the existing law. The about to be raised in the courts, why should board of common council, I understand, are the legislation of Congress be invoked and be equally divided ; that is, the two organizathrown in favor of one of the contestants against tions have an equal number of members, the other?

neither of them has a majority of all; and of If I understand aright, there was no law in course each is as competent to try the legality / sha existence at the time the election took place, of the election of the members of the whole tha and there is none now, that authorized the regis. board if they were united as the other is. It ter to give such a certificate of election as this will appear, therefore, as it seems to me, to first section of the bill provides for ; bat that every one, that it is utterly impossible for this the does not leave the case without a remedy. It question to be settled under the law as it ex- unc is not necessary for the decision of this con- ists, there being two organizations, they being

T tested election and of the rights of the parties equal in number, and neither of them hav- The to it that this bill should pass to enable the ing a majority of the whole; that is, excluding STE register to give such a certificate. The laws as the cases of contest.

bill they now exist may be resorted to, and are This bill proposes that the candidates who do i sufficient to enable the parties in the contest

received the certificates or notifications of their to the offices that are now in dispute to go to election from the returning officer under the the courts to have their rights decided fairly and old law shall be held to be for the time being dina properly. If I understand this proposition, it is | legally elected, and that any party claiming to fai to pass a retroactive law, to control or to regu.

be elected adversely to them shall have a rem- regi late in some degree an election

that took place edy summarily before the supreme court of hon under other laws, and to give to one of the par

the District of Columbia, or any judge of that that tieg contestant in the election an advantage court, each one of these judges having the I ca and a right which he has not according to the authority, under existing laws in this District, be it existing law. In other words, the disputed to hold a court, and in this way settle the ques- righ election now has become a judicial question ; || tion of the legality of the election of the mem- eleci it is before the courts, or it is about to be taken bers over which this contest has arisen. I

my 1 to the courts ; it has passed from the legisla | suppose that in relation to other officers there I wil tive function to the judicial, or is in a state of may be a remedy under the laws as they exist, transitu. It is about to pass from the huśt- | but the committee thought it best to make this it wi ings and the polls to the courts to decide the law general in its provisions. There surely to th rights of the parties who were candidates for can be no valid objection to trying the validity the office; and those rights, ought to be passed of the election of any officer, where a contest upon and to be decided according to the laws

arises between two candidates each claiming to ties « that were in existence at the time the election have been legally electedy before the supreme took place. One of the parties to this con- judiciary of the District. There would be tested election is not satisfied to have the ques- greater prospect of an impartial hearing and

pone tion decided according to the existing law; he decision before the supreme court of the Dis- and i comes to Congress; he comes to the Senate ; trict, as it seems to me and seemed to the com

time he comes to the Committee on the District of mittee, than there would be before the judges Th Colarabia, and that committee, with partisan of election.

Sena haste and zeal, is now concocting bills to The bill, therefore, simply adopts the prin- Il furth



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Mr. DAVIS. I merely made the suggestion The PRESIDING OFFICER. The Senator Mr. HENDRICKS. This bill attracted no
to the courtesy of the honorable Senator from from Iowa takes the floor upon the bill that is attention here until it was reported yesterday.
before the Senate, and moves its present post-

The amendment is printed this morning, and
The PRESIDING OFFICER. It is not a ponement.

for the first time comes upon our tables. There motion.

Mr. SHERMAN. I trust that will not be has been no opportunity for this side of the Mr. HENDRICKS. I think this bill ought | done, unless it can be laid aside informally. Senate to consider it. I believe we have no to be recommitted, and if legislation be neces- If the Senator can get a vote in a few minutes representative upon the Committee on the Dissary at all it ought to be upon a fair principle. on his bill I shall not object,

trict of Columbia. The political character of It ought not to be in regard to the mayor one Mr. HARLAN. I have no objection to the the legislation in regard to the District is known way and in regard to the board of councilmen regular order being passed over informally very well to the Senate. another way. Everybody will see at once that until this bill is disposed of,

Mr. HARLAN. If the Senator will permit it is not right to say that in regard to the mayor The PRESIDING OFFICER. The unfin- me, I will state that the honorable Senator a prima facie case shall stand and in regard ished business can be laid aside if there be no from Tennessee who sits furthest from me is a to the aldermen a prima facie case shall not objection.

member of the Committee on the District of stand.

Mr. HENDRICKS. That will be objected Columbia. Mr. President, in regard to the recent elec- to. I think this bill ought to lie over anyhow, Mr. HENDRICKS. Then I withdraw what tion in this city, which, of course, everybody until we can have an opportunity to examine I said. knows is the subject of this legislation, although || it. The printed bill has just been laid on our Mr. HARLAN. I am not sure but that he in language it is general, the prima facie case tables.

regards himself as a Republican or Radical, was with the mayor voted for by the Repub. The PRESIDING OFFICER. The Senator | but I have drawn a different inference. The lican or Radical party, but the prima facie || from Indiana objects, and it can only be done Senator from Indiana perhaps knows better case was with the majority of the board of on a vote. The Senator from lowa moves that than I do on that subject. aldermen and board of councilmen voted for the further consideration of the bill which is Mr. HENDRICKS. I did not know that he by the Democrats and Conservatives of the now regularly before the Senate be postponed. was on the committee. I thought it was a clean, city. This bill proposes, by a new and ingenious Mr. SHERMAN. I certainly will not agree pure thing. I withdraw what I said on that device, that a prima facie case shall be estab- to that; but the Senate can do as they please subject. lished in favor of the mayor, who shall be put || about it. I do not think that a bill of this Mr. PATTERSON, of Tennessee. Do I into office and hold his office unless ques. kind, called up suddenly, for a special purpose, understand the Senator from lowa as referring tioned; but in regard to the members of the a local purpose, reported only yesterday, ought to me? boards who have the prima facie case that to displace important public legislation. I do Mr. HARLAN. I remarked that the Senashall not be the rule. If any Senator can say not believe there is any such necessity for tor from Tennessee was a member of the Comthat is right, he has a different view of what is hasty action upon a mere matter of local legis- | mittee on the District of Columbia. right from mine.

lation. Indeed I hope the Committee on the Mr. PATTERSON, of Tennessee. That is Mr. HÅRLAN. If the Senator will per: District of Columbia will cut this Gordian knot true; but I understood the Senator to say in mit me, I think be in error in his statement of local authority, and give us a good city gov. addition that I was a Radical. [Laughter.] of the fact. The same rule is applied to both. ernment which will control the city and protect Mr. HARLAN. The Senator misunderstood

Mr. HENDRICKS. No, sir. The first property. They can do that, and we can pass I said that I had supposed that he was section of this bill provides that the certificate a bill of that sort in less time than it will lake not acting with the Republican or Radical of the register shall be conclusive, and then to pass this bill. Give us a set of good com- party, but that the Senator from Indiana might the amendment that is proposed by the com- missioners to manage the affairs of this city, I know better than I did, as he sat nearer the mittee is to add:

and you will have no more riots or scenes of Senator from Tennessee. And when the legal organization of the board violence here.

Mr. PATTERSON, of Tennessee. I beg of aldermen or board of conmon council shall be Mr. HARLAN. That is precisely what the the Senator's pardon. delayed on account of any contest in relation to the election of any member of either of said boards, the

committee propose to do by the passage of this Mr. HENDRICKS. This bill has just come - mayor of said city is hereby authorized to make bill, to harmonize these conflicts and give the before us in the shape in which we now find it,

temporary appointments of all subordinate officers city a good government, a good mayor, and a || and I think that we may ascertain the facts
whose appoiniment or election is authorized by tho
said mayor and members of said boards under exist-

good board of aldermen and common council. which are intended to be met by this legislation ing laws, to continue until said boards shall be legally It is the very thing we propose to do by the more satisfactorily. It is due to us that it organized.

passage of this bill. The Senator is in error should be postponed until Monday; but if it Now, the certificate or declaration or finding in saying that this is a bill sprung upon the must be considered now, of course we shall do of the commissioners of election made at the Senate. The bill was introduced a few days ago, the best we can. The Gordian knot spoken of time the law required it to be made, elected referred to the committee, and printed ; it was by the Senator from Massachusetts can easily Mr. Bowen as mayor of this city, as I under reported back yesterday and laid on the table enough be cut. If it is intended to do right stand the facts. The same certificate or find- of every Senator. Personally I care nothing | by this bill, it is a very plain thing what is ing and declaration by the boards of election about the passage of the bill. If disorder right. It is right that the men who have a under existing laws elected the Democratic or should arise I can take my chances, I suppose, prima facie case under the existing law should Conservative members of the two boards in a with the rest in any mob that may take control hold the ofhce until the prima facie case is set majority of the cases, especially in the case of of the city. But I regard it as my duty as the aside on legal investigation and adjudication; the majority in the common council. The organ of the Committee on the District of and it is not right, whether done in Congress result was declared, and the vote showed a Columbia, to whom this bill was referred by or in a State Legislature, or elsewhere, that majority for the Conservatives in the third, the Senate, to call the attention of the Senate you change the evidence establishing the right fourth, fifth, and sixth wards, and for the Rad- to the necessity of immediate action on it. I of a man to an office after his election, and cals in the first second, and third; so that a am not sure that it would be in order now to | arbitrarily declare that that shall be conclusive majority of the Conservatives or Democrats state more at length the reasons for continu- upon him. That is right nowherehad the prima facie case. I understand ing the consideration of this bill. I hope, The PRESIDING OFFICER. The Chair

The PRESIDING OFFICER. It becomes however, the Senate will take the view of it thinks it his duty to remind the Senator that the duty of the Chair to arrest the business of I have presented.

the bill before the Senate is not the bill on the morning hour at this time and notify the Mr. SUMNER. Mr. President

which he is speaking. The banking bill is Senate that the unfinished business of yester- The PRESIDING OFFICER, (Mr. Pou- before the Senate, and the question is on day is before the Senate for consideration. EROY in the chair.) The question is on post- postponing that. Mr. HARLAN. I move to postpone the poning the special order.

Mr. HENDRICKS. I understand that. consideration of the regular order for the pur- Mr. SUMNER. I understand it so. I am Mr. SHERMAN. If my friend from Indipose of continuing the consideration of this

in favor of proceeding with the bill of the ana will allow me, I will move to amend the bill. Senator from Ohio, if we can; but I find myself proposition of the Senator

from lowa. As I Mr. HENDRICKS. I do not yield for the confronted now with a practical question with see it is manifest the Senate are disposed to purpose of that motion,

reference to the District of Columbia, where finish this bill, I will move that the banking The PRESIDING OFFICER. The business we have exclusive jurisdiction. It belongs to bill

be postponed until Monday at one o'clock, of the morning hour must be arrested at this us to settle the question. The Senator from and made the special order for that hour. time, and the Senator from Indiava is speaking | Ohio has used a strong expression: he says : Mr. HENDRICKS. I do not yield for that on the business of the morning hour. Another that he hopes we shall now cut the Gordian purpose. measure becomes the order of the day at this knot. Very well; this bill is certainly one step Mr. SHERMAN. Then I give notice that I hour without any motion. in that direction, if it does not accomplish it, I shall make that motion as soon as I get

the floor. Mr. BUCKALEW. What is the order of and I believe that for the moment it is the best Mr. HENDRICKS. The question now is the day?

and most efficient step. I hope, therefore, whether the special order shall be postponed The PRESIDING OFFICER. The unfin- that the Senate will proceed with this bill for the purpose of considering the bill in relaisbed business of yesterday.

which affects the District of Columbia, and tion to contested elections in the city of Wash-. Mr. BUCKALEW. What is that?

finish it to-day. We ought not to take up any | ington. The PRESIDING OFFICER. The banking other business until this bill is acted on. We The PRESIDING OFFICER. On that ques. bill.

must give tranquility and peace to the city tion the Senator from Indiana is entitled to the Mr. HARLAN. I make the motion to post- government of the District, where we have floor.

exclusive jurisdiction. pone.

Mr. HENDRICKS. On that'question I was

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responding to the remarks of the Senator from required by law, they had no further power
Massachusetts. It is probable that I am not over it. They had no judicial functions author-
in order, and that he was. My remarks were izing them to revise the election and to say that
addressed directly to his suggestion that the certain votes ought to be excluded. After
Gordian knot should be cut. Whether the they had made their returns, when the returns
Gordian knol, as presented by the Senator required by the law had been made, they could J.
from Massachusetts, is in order for discussion not be disturbed except upon a judicial investi-
or not should have been decided by the Chair | gation,

when the Gordian knot was first presented to Now, sir, what I propose is, that this bill
the Senate. Now I will stop for the decision shall be returned to the committee, and that B:
of the Chair whether it is proper for us to con- they shall report a bill upon the proposition vi
sider the Gordian knot presented by the Sen- that the prima facie case shall stand until that
ator from Massachusetts.

prima facie case is set aside upon an inquiry | ha Mr. SHERMAN. Now, Mr. President in the courts, That is the law everywhere. pe

Mr. HENDRICKS. I have not yielded the What would be thought in one of the States (S.
floor. I am waiting until the Chair decides where an election takes place and the certifi- Ве.
the question of order. The Cbair has called cate of the officers provided by law is made
me to order.

which entitles the party to his office, if after-
The PRESIDING OFFICER. The Chair ward the Legislature should provide that

T only reminded the Senator of the question another and different officer might issue a cerbefore the Senate. It may be that he is in tificate and that should make the case ? No


the order in replying to any remarks made by the community would endure that. It would be so Senator from Massachusetts. palpably wrong that it would not be endured.


title Mr. HENDRICKS. . That depends alto. Then, sir, it is plain that the prima facie gether upon whether the remarks were in order. case ought to stand until reversed, and I think

sion The PRESIDING OFFICER. Under our the quiet of the city requires it. If illegal votes


Elle rules a large latitude of debate is allowed ; and have been cast, that ought to be decided, not a Senator may reply to any remarks made by by the register of this city, because he has no a pe another, although not strictly in order on the means of making the proper investigation, but

regir subject before the Senate. by the proper court. Whether the courts of

roll Nr. HENDRICKS. I am very much obliged this city are clothed with sufficient authority to

A to the Chair for permitting me, then, without try a question of this sort I do not know. If deciding the point of order, to respond to the they are not, I would very cheerfully concur

A question raised by the Senator from Massa- in proper legislation to give them the juris- to Sa chusetts. I am aware of the condition of affairs diction. I have no objection to that. Let this

A in this city, but the particular facts I do not | question be investigated in the courts; but to Ca profess to understand, perhaps, as well as until that investigation shall take place let the

AL the Senator from Massachusetts. I have not || plain, square, and honest rule stand that the

to Me troubled myself to read even the newspaper men who have the evidence of election as pro

AL statements of them, except so far as I have vided by law at the time the election took place to Jat observed them within a few minutes in a paper take their offices and discharge the duties.

AL of yesterday: The PRESIDENT pro tempore. The ques

to Pai Under existing law, the election boards at tion is on postponing the order of the day

AL the close of the election, as I understand, count

in order to continue the consideration of the to Bar the votes; they declare the result at each elec- bill which has been under consideration in the Ab tion precinct; they report that result to the morning hour.

to Ma register; they report it also to each of the Mr. MORRILL, of Vermont. When we

Ab boards of aldermen and common council. The | adjourned last evening the banking bill was

to Joa register, under existing law, merely receives under discussion ; and I presume it will meet

A bi that , report. He is not a judicial officer to re- the views of the Senate that that measure shall

to Anr vise that report, He has no power to purge it be postponed until Monday, and be made the

A bi or to purge the polls. He is to receive the re- special order for that day. I submit that

to Har ports of the boards of election as the two city | motion.

A bi boards receive the reports of the boards of Mr. POMEROY. I do not think we need to Johi election. So that under existing law the evi- postpone it until Monday.

A bi dence of a man's right to his office depends Mr. MORRILL, of Vermont. I understand

to Rutl upon the returns made by the boards of elec- to-day will be consumed.

A bi tion. Those returns make the election of Mr. Mr. POMEROY. It is not at all certain that

to Will Bowen as mayor. Those returns as first made we shall need the whole day for this bill.

A bil elected the Conservative candidates for the Mr. MORRILL, of Vermont. There are

to Fred board of alderman and board of common other measures.

A bil council in four of the seven wards. Now, what Mr. POMEROY. If any other bill should

to Joha does the bill propose? This bill proposes to be taken up to-day and left as the unfinished

A bil refer this question to the register. If he has business, it would take precedence of the

to the n given or shall give a certificate that Mr. Bowen | special order on Monday.

A bil is elected mayor that shall be the evidence. Mr. MORRILL, of Vermont. I make this

the wide The law governing the election at the time it motion in accordance with a request of the

A bil took place made the report of the boards of chairman of the Committee on Finance, who

to Lavi election the authority to decide that question. ) has made inquiry about the business of the day

Gittings This bill proposes that the certificate of the He thinks it is against the general wish of the

A bill register shall decide who are elected to the Senate to take up the banking bill to-day. As to Ower boards in the city, while the

law which covered that bill is now in order, and may be called for A bill the election, and made the prima facie case by the chairman, I suppose there will be no to Marg under law, made the report of the election objection to the motion I suggest.

A bill boards the evidence. Now, sir, why not apply Mr. POMEROY. I object to making it a

to Mrs. the plain principle that where, according to special order.

A bill those reports, a prima facie case is made, that The PRESIDENT pro tempore. The ques

to Esthe prima facie case shall stand, and the

man hav- tion is on the motion of the Senator from A bill ing that prima fucie case shall go into office

Vermont, to postpone Senate bill No. 440 until to Willia and hold office until that prima facie case is | Monday at one o'clock, and make it the special

A bill overcome by a legal investigation? Is not order for that day. This motion requires a

to the w that right? Who wants it otherwise ?

two-thirds vote.
In one of the wards, as I understand the fact The motion was agreed to-ayes 24, noes 8.

A bill to be, the election board declared the result,

to Matth and made a return in favor of the Conservative


A bill candidates, and afterward they revised that, and A message from the House of Representa- | to the made another certificate, for a portion of it at tives, by Mr. McPherson, its Clerk, announced

Hitchco least

, and excluded the votes of some soldiers, that the House had passed the following bills A bill and then declared a different result in that of the Senate without amendment:

to Orlen ward. When that election board had counted A bill (S. No. 322) granting a pension to

A bill. the votes, declared and inade their return as Sherman II. Cowles;

to Elizal

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