Those who voted in the negative are: Messrs. Berry, Blackburn, Call, Coke, Colquitt, Daniel, Eustis, Gorman, Gray, Hampton, Harris, Jones of Arkansas, Morgan, Reagan, Turpie, Vance, Vest, Voorhees, Wilson of Maryland. So the resolutions were agreed to. On motion by Mr. Hoar, and by unanimous consent, Ordered, That the last two resolutions reported by the Committee on Privileges and Elections, viz: Resolved, That Wilbur F. Sanders is entitled, upon the merits of the case, to be admitted to a seat in the Senate from the State of Montana; Resolved, That Thomas C. Power is entitled, upon the merits of the case, to be admitted to a seat in the Senate from the State of Montana; be treated as one question; and On the question to agree thereto, On motion by Mr. Butler, to amend the resolutions by striking out all after the first word, "Resolved" and in lieu thereof inserting: That it is the judgment of the Senate that there has been no choice of United States Senators from the State of Montana, Yeas. It was determined in the negative, Nays On motion by Mr. Butler, The yeas and nays being desired by one-fifth of the Senators present, 23 30 Messrs. Barbour, Blackburn, Call, Coke, Colquitt, Daniel, Faulkner, George, Gib son, Gorman, Gray, Hampton, Harris, Jones of Arkansas, Kenna, Morgan, Payne Reagan, Turpie, Vance, Voorhees, Walthall, Wilson of Maryland. Those who voted in the negative are: Messrs. Allen, Allison, Blair, Casey, Cullom, Davis, Dawes, Dixon, Evarts, Frye, Hale, Higgins, Hiscock, Hoar, Jones of Nevada, McMillan, Moody, Morrill, Pettigrew, Platt, Quay, Sawyer, Sherman, Spooner, Squire, Stewart, Stockbridge, Teller, Washburn, Wilson of Iowa. So the amendment was not agreed to. The question recurring on agreeing to the resolutions, It was determined in the affimative, On motion by Mr. Gray, Yeas.. The yeas and nays being desired by one-fifth of the Senators present, 32 26 Messrs. Allen, Allison, Blair, Casey, Cullom, Davis. Dawes, Dixon, Evarts, Frye, Hale, Higgins, Hiscock, Hoar, Jones of Nevada, McMillan, Mitchell, Moody, Morrill, Paddock, Pettigrew, Platt, Quay, Sawyer, Sherman, Spooner, Squire, Stewart, Stockbridge, Teller, Washburn, Wilson of Iowa. Those who voted in the negative are: Messrs. Barbour, Berry, Blackburn, Call, Coke, Colquitt, Daniel, Eustis, Faulkner, George, Gibson, Gorman, Gray, Hampton, Harris, Jones of Arkansas, Kenna, Morgan, Payne, Reagan, Turpie, Vance, Vest, Voorhees, Walthall, Wilson of Maryland. So the resolutions were agreed to. Mr. Wilbur F. Sanders and Mr. Thomas C. Power appeared, and the oath prescribed by law having been administered to them by the Vice-President, they took their seats in the Senate. [This day's proceedings may be found on pp. 3419 to 3435, and 3433 to 3435, Cong. Record, 1st sess., 51st Cong.] COMPENSATION OF CONTESTANTS. FRIDAY, July 18, 1890. Mr. Gray, from the Committee on Privileges and Elections, reported the following resolution; which was referred to the Committee on Appropriations: Resolved, That there be allowed out of the contingent fund of the Senate to William A. Clark and Martin Maginnis the sum of $5,000 each, in full compensation for their time and expenses in prosecuting their respective claims to seats in the Senate as Senators from the State of Montana. [These sums were appropriated by "An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 1890, and for prior years and for other purposes," approved September 30, 1890. (26 St. L,. 529.) The same act appropriated "to enable the Secretary of the Senate to pay Wilbur F. Sanders and Thomas C. Power their counsel fees and expenses in defending the title to their seats, $2,453. (Ib. 529.)] [Second session-Fifty-first Congress.] GEORGE L. SHOUP AND WILLIAM J. MCCONNELL, of Idaho. December 29, 1890, a statement of the governor of Idaho transmitting a certified copy of the proceed. ings of the joint convention of the legislature of that State in which three Senators were elected, one for the term beginning March 4, 1890, was presented to the Senate, and on the same day the credentials of Messrs. Shoup and McConnell, as Senators, were presented. Mr. Shoup, who was present, was sworn and took his seat. The credentials were on the same day referred to the Committee on Privileges and Elections, which reported that the credentials presented a sufficient certificate of the execu tive of the State under its seal and countersigned by the secretary of state, and recommended that Mr. McConnell be also sworn and admitted to a seat. The report was adopted and Mr. McConnell was sworn. The history of the case bere given consists of a transcript of the Journal of the Senate relating to it. The report of the committee, No. 1904, Sen. Rep., 2d Sess. 51st Cong., being spread at length on the Journal, is not repeated below. The proceedings of the legislature of Idaho appear more fully in the case of Claggett v. Dubois, below. MONDAY, December 29, 1890. The Vice-President laid before the Senate a communication from the governor of Idaho, transmitting a certified copy of the proceedings of the joint session of the legislature of Idaho for the election of United States Senators, at Boise City, Idaho, December 18, 1890. Ordered, That it lie on the table. [This paper as printed on p. 847, Cong. Record, 2d Sess., 51st Cong.] The Vice-President laid before the Senate the credentials of George L. Shoup and the credentials of William J. McConnell, elected Senators by the legislature of the State of Idaho; which were read. On motion by Mr. Vance, that the credentials be referred to the Committee on Privileges and Elections, On motion by Mr. Hoar, Ordered, That George L. Shoup, whose credentials have been read, be now sworn and admitted as such Senator, Whereupon Mr. Shoup appeared and the oath prescribed by law having been administered to him by the Vice-President, he took his seat in the Senate. [Mr. McConnell was not present.] The question recurring upon the motion of Mr. Vance to refer the credentials to the Committee on Privileges and Elections, After debate, On motion by Mr. Hoar that the motion to refer lie on the table, The yeas were 22 and the nays were 15. On motion by Mr. Harris, The yeas and nays being desired by ore-fifth of the Senators present, Those who voted in the affirmative are: Messrs. Aldrich, Allen, Casey, Dolph, Evarts, Frye, Hawley, Higgins, Hoar, McMillan, Mitchell, Morrill, Plumb, Power, Sanders, Sherman, Spooner, Stewart, Stockbridge, Teller, Washburn, Wolcott, Those who voted in the negative are: Messrs. Bate, Cockrell, Coke, Edmunds, Gibson, Gorman, Harris, Kenna, McPherson, Morgan, Pasco, Pugh, Reagan, Vance, Vest. The number of Senators voting not constituting a quorum, The Vice-President directed the roll to be called; When Fifty-four Senators answered to their names. A quorum being present, By unanimous consent the order for the yeas and nays was rescinded; and the motion to lay on the table was withdrawn by Mr. Hoar; When, The motion to refer the credentials to the Committee on Privileges and Elections was agreed to. [For the debate see pp. 843-848 Cong. Record, 2d Sess. 51st Cong.] JANUARY 5, 1891. Mr. Hoar, from the Committee on Privileges and Elections, to whom were referred the credentials of George L. Shoup and William J. McConnell, as Senators from the State of Idaho, submitted the following report (No. 1904): The Committee on Privileges and Elections, to whom were referred the credentials of George L. Shoup and William J. McConnell, as Senators from the State of Idaho, have considered the same and report: That the said credentials constitute a sufficient certificate of the executive of the State under the seal thereof, properly countersigned by the secretary of said State, and certifying the election of Mr. Shoup and Mr. McConnell, respectively, as Senators from that State. Mr. Shoup has already been admitted to take the oath and has taken his seat. The committee therefore are of the opinion that Mr. McConnell should likewise be admitted to take the oath as Senator, and that said credentials should be placed on file. The credentials were accordingly placed on file, When Mr. McConnell appeared, and the oath prescribed by law having been administered to him by the Vice-President, he took his seat in the Senate. [Second session Fifty-first Congress.] FRED T. DUBOIS, of Idaho. December 30, 1890, the credentials of Mr. Fred T. Dubois, as Senator from Idaho for six years beginning March 4, 1891, were laid before the Senate and referred to the Committee on Privileges and Elections. January 5 that committee reported that it was not customary to consider any questions arising on the credentials of a Senator until the term for which he claimed to be elected, and recommended that the credentials be placed on file. The credentials were filed accordingly. The history of the part of the case here given is a transcript from the Journal of the Senate, 2d sess. 51st Cong. The report of the committee, Senate Rep. 1905, 2d sess. 51st Cong., is printed in full in the Journal, and therefore is not repeated. For further proceedings in relation to Mr. Dubois's seat v. infra Claggett vs. Dubois. TUESDAY, December 30, 1890. The Vice-President laid before the Senate the credentials of Fred T. Dubois, elected a Senator by the legislature of the State of Idaho for the term of six years commencing March 4, 1891; which were read. Ordered that they be referred to the Committee on Privileges and Elections. [The credentials are printed at p. 863, Cong. Record, 2d sess. 51st Cong.] MONDAY, January 5, 1891. Mr. Hoar, from the Committee on Privileges and Elections to whom were referred the credentials of Fred T. Dubois, as a Senator from the State of Idaho, submitted the following report (No. 1905): "The Committee on Privileges and Elections, to whom were referred the credentials of Fred T. Dubois, as a Senator from the State of Idaho, for the term of six years beginning March 4, 1891, have considered the same and report: "That it is the usage of the Senate to consider any questions that may arise upon the credentials of a Senator, at a session held during the term for which the Senator claims to be elected, and not before; and no reason appears to the committee for a departure from such usage in the present case. They therefore recommend that the credentials be placed on file." The credentials were accordingly placed on file. SATURDAY, January 10, 1891. The Vice-President laid before the Senate a memorial of certain members of the legislature of Idaho, remonstrating against the admission of Fred T. Dubois to a seat in the Senate, as a Senator from that State; which was referred to the Committee on Privileges and Elections and ordered to be printed. [The memorial is Sen. Mis Doc. 44, 2d sess., 51st Cong.] [First session Fifty-second Congress.] WILLIAM H. CLAGETT v. FRED. T. DUBOIS, of Idaho. The first legislature of the State of Idaho met pursuant to proclamation by the governor, Monday, December 8, 1890. The house of representatives effected a permanent organization on that day. The senate, the lieutenant governor being ex-officio presiding officer, after prayer, elected a clerk pro tem pore, after which the senators were sworn, a committee on rules selected, choice of seats provided for a set of temporary rules adopted, and. finally, a committee on organization appointed. Tuesday, Decem ber 9, the permanent organization was perfected by the choice of a secretary and other officers. Tues day, December 16, being the second Tuesday after Monday, December 8, each branch of the legislature took one ballot, acting under joint resolution to elect, as provided by law, United States Senators." The following day the two houses met in joint convention, and the result of the previous day's balloting showing no choice of a Senator, proceeded to ballot. No person was elected on this day. On the following day, Thursday, December 18, the joint convention elected Messrs. Shoup and McConnell Seas tors, to fill the existing vacancies, and Mr. Dubois for the term beginning March 4, 1891. Mr. Dubois's credentials were issued under date of December 18, 1890. February 6, 1891, the legislature of Idaho voted that there was "at least grave doubt" as to the validity of the election of Fred T. Dubois, and to proceed to a new election. In pursuance of this resolution a new election was held, and Mr. Ciagett was declared elected February 11, 1891. The governor issued credentials, certifying that fact, under date of February 14, 1891. On the assembling of the Fifty-second Congress Mr. Dubois presented himself to take the oath as Senator. Objection was made and the matter went over until the following day, when Mr. Dubois was sworn, and his credentials, together with a memorial of William HL. Clagett, claiming the seat, were referred to the Committee on Privileges and Elections. The majority of the committee reported that "both on construction and precedent the logislature of Idaho was organized on Monday, December 8, A. D. 1890, within the meaning of the term organization' as used in the constitution of the State of Idaho, in the act of admission, and in the Revised Statutes" (R. S. § 14), that Tuesday, the 16th day of December, was, in the judgment of [the] committee, the second Tuesday after the meeting and organization of the legislature of the State of Idaho," and that therefore Mr. Dubois was duly elected and entitled to retain his seat. Two of the committee dissented, contending that according to precedent the word "organization" meant permanent organization, that the permanent organization was not effected until Tuesday, December 9, that the proceedings which culminated in the election of Mr. Dubois did not take place on the second Tuesday thereafter, but were premature, and that therefore he was not entitled to the seat as Senator from Idaho. February 25, pending the discussion of the report of the committee, Mr. Clagett was given the right to speak in his own behalf for two hours, and on the following day the limit of time was removed. March 3 Mr. Dubois was declared entitled to retain his seat by vote of 55 yeas to 5 nays. April 1 the committee recommended the payment of $2,000 to Mr. Dubois and $4,000 to Mr. Clagett, in compensation of all expenses incurred by them in the contest, and the resolutions were referred to the Committee on Appropriations. The history of the case here given consists of a transcript of the journal of the Senate and the report of the committee, Senate Reports, 1st sess., 52d Cong., No. 148. MONDAY, December 7, 1891. Mr. Hale having objected to the oath of office being this day administered to Mr. Frederick T. Dubois, whose credentials as Senator from the State of Idaho were heretofore presented, Mr. Cullom submitted a motion that the oath prescribed by law be administered to Mr. Dubois; and Ordered, That the consideration of the motion be postponed to to-morrow. TUESDAY, December 8, 1891. The Senate proceeded to consider the motion yesterday submitted by Mr. Cullom, that the oath of office be administered to Frederick T. Dubois, as a Senator from the State of Idaho; and The motion was agreed to, Mr. Dubois appeared, and the oath prescribed by law having been administered to him by the Vice-President, he took his seat in the Senate. On motion by Mr. Hale, Ordered, That the credentials of Frederick T. Dubois and the memorial and papers of William H. Clagett, claiming a seat in the Senate from the State of Idaho, be taken from the files of the Senate and referred to the Committee on Privileges and Elections. TUESDAY, February 2, 1892. Mr. Mitchell, from the Committee on Privileges and Elections, to whom was committed the investigation of the contest inaugurated by William H. Clagett, involving the right of Mr. Fred T. Dubois to a seat in the Senate as Senator from the State |