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necessity for this section at all. In section nine of this article it is provided that each house shall be the judge of the qualifications, election, and returns of its own members. Section eleven of this article provides that the compensation of members shall be four dollars per day. I think that these two sections comprise all that is needed on the subject.

not see any great impropriety in using the decision of the court might have the word in that way. been. One member from Ottawa We want to determine what we want county resigned his seat after the decisto do; and then we can determine ion of the Supreme Court, because he what words will accomplish that object. said he was ashamed to be here after Do we desire that the person who has that decision was made. No great inbeen duly and honestly elected, but justice can be done to any one by retainwho has been deprived of his seat by ing this section as it now stands. I a certificate wrongly given to the other think each member can perceive the party, shall be at the mercy of the propriety of allowing the four dollars. Mr. GIDDINGS. It seems to me Legislature, to receive such compensa- per day to be divided between the two that we can understand this, without tion and mileage as they shall see fit parties. It will prevent useless conspending a great deal of time in dis- to give him? Or do we desire that he tests. cussing any question of principle. shall receive what he would have had, Mr. LEACH. I cannot see the All that we desire is to ascertain the if the certificate had been properly propriety of allowing but four dollars. meaning of the words. I think the granted to him in the first place? It a day for the two parties. The man amendment of the gentleman from seems to me that the person honestly en- who receives the certificate from the Clinton (Mr. DANIELLS) covers all that titled to the seat, whether sitting member board of canvassers has good reason we want. I think the gentleman from or contestant, is the one entitled to per to suppose he is entitled to the seat. Berrien (M COOLIDGE) went a step too diem and mileage without any grace Usually such men come in good faith, far. When a person presents his cer- of the House; while the person who believing they have a right to the seat. tificate here, and takes his seat as a does not retain the seat, whether sit- If another person comes and contests member, it may turn out upon exami- ting member or not, is the ting member or not, is the one who the seat and succeeds, the man who nation that he is not entitled to that should depend upon the grace of the receives the certificate certainly ought seat. The certificate is prima facie House for such compensation as under to receive his per diem from the day of evidence that he is a member, but it the circumstances they may conceive it the meeting of the Legislature to the does not settle that fact. I understand proper for him to receive. I think my time when the House, or the Senate, the point with the gentleman from amendment meets that case. There is as the case may be, declares he is not Clinton to be, that the Legislature against it the technical objection of a member. I hold it would be unjust should be left to determine this ques- speaking of both parties as contestants; and unfair to refuse such a man his tion of compensation. Should the an objection which I consider entirely per diem. When the House or the Legislature decide that Mr. A, who is unimportant. Senate declare that another man is enholding a seat upon a certificate of Mr. MORTON. I am inclined to titled to the seat, that other man election, is not the person rightfully believe that we cannot make this sec- should certainly receive compensation entitled to the seat, then he is holding tion any better than it is as reported from the time the seat is awarded to the place he should not have; and by the committee. The object of the him; and I think he should receive the moment the question is settled the committee was to allow the Legislature, compensation from the beginning of person entitled to the seat takes the if they saw fit and the circumstances the term. I do not see how we can seat, and the other person should be justified it, to give the person who had say to a man bringing the proper docleft to apply to the Legislature for such been holding the seat, but was com- uments here, that he shall receive but compensation as they may deem proper pelled to give it to the contestant, his two dollars a day, or shall not receive to give him. allowance of four dollars per day for anything if he is ousted from his seat. Mr. BLACKMAN. I do not know the time he was in the seat, or to divide Mr. COOLIDGE. Suppose he obby what rule the gentleman would con- it between him and the one who had tained the certificate by fraud. vert the sitting member into a contest- been contesting the seat. In 1865 Mr. LEACH. I apprehend such ant, because his claim to the seat is re- three or four persons came here with cases are rare; they can hardly ever jected. This section, as proposed to be certificates, who were thrown out of occur. I believe that, in nine cases out amended by the gentleman from Clin- their seats and others placed in them, of ten, men who come with certificates, ton, gives the Legislature the power to who were elected by the soldiers' vote. honestly believe that they have been determine the compensation to be re- I think that there was one from Oak- elected, and consequently they should ceived by the contestant. I understand land county, who was elected by the be paid. And I believe that a man a contestant to be equivalent to an ap- votes of soldiers, who never had been coming here with a good claim to the pellant; and to carry out the verbal in the county of Oakland. I think that seat, and who has not received the cerparallel, the sitting member would be will be found to be the case by apply- tificate, should also be paid. I would contestee. I do not understand that ing to the office of the Secretary of leave the matter entirely in the hands of the appellee becomes the appellant, be- State. The provision gives the Legis- the Legislature. I believe the amendcause he is defeated. When we con- lature the right to pay a man just so ment offered by the gentleman from fine ourselves to this nicety of distinc- long as he retains his seat and acts as Clinton, (Mr. DANIELLS,) would leave tion in words, I say that it is improper a member. Then if it is determined this section in such a shape that the Legto use the word "contestant," except as that the contestant is entitled to the islature can do justice to the parties. applicable to only one of the parties. seat, he takes the pay from that time. There may be cases when it would not I see that the committee have applied Such cases as these sometimes occur; be just that both parties should be paid. it to both, as both are contesting men are sometimes elected by the peo- The contestant may fail in consequence the right to the seat. I conceive ple, while others are elected by the of having no right, or ground of right, there is no very great impropriety in Legislature. After the decision that to the seat; and he should not receive using it in that sense, and consequently the soldiers' voting law was unconstitu- compensation and mileage. But the I propose to insert the word "unsuc- tional, it made no difference to the Leg- amendment leaves that matter entirely cessful," before "contestant." That islature. The majority of the Legisla- in the hands of the Legislature. would, be of course, treating both as ture would have kept those in who Mr. LUCE. I would not have said contestants; but, as I said before, I do were holding the seats, no matter what a word if it had not been for the re

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marks of the gentleman from Grand shall receive the same per diem com- lature to give him just what compenTraverse, (Mr. LEACH.) I venture to pensation as a defeated candidate at sation he should deserve. If he should predict that if we amend this section an election, and no more." deserve nothing, then give him nothas proposed, we shall have in every ses- Mr. WITHEY. I regard the true ing; if he should deserve half the sion of the Legislature ten or a dozen principle in this matter as having been amount of a member, then give it to him; or more men to pay as contestants. I covered by the amendment offered by if he should have mileage, then give it believe it is the rule in Congress, and the gentleman from Clinton, (Mr. DAN- to him; if none, then give him none. in legislatures, where there is no re- IELLS.) As I understand his amend- It seems to me that the proposition of striction of this kind, to pay the con-ment, it puts the section in this shape: the gentleman from Clinton places it testants. The contestants come and spend their money; they leave their homes with some sort of show of a right to the seat. The Legislature, in their generosity, will almost invariably allow a compensation to the contestant whether he has a right to it or

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"In case of a contested election, each House shall determine the amount of per diem compensation and mileage to be received by a contestant." I think that is the true principle to be incorporated in this section. I believe it to be just, and that it will secure the parties their just rights. A person comes to the I believe the section as reported by Legislature, presents his credentials and the committee will work more justice takes his seat. He is entitled to vote than either of the amendments pro-and participate in the deliberations posed. I believe if a person contests of the body. A person from the same a seat he should receive pay after he district comes forward and contests the gets the seat, if he gets it. Probably, seat of that member. It is finally detoo, it is right that the one who holds cided that the contestent is entitled to the seat should be paid until he is the seat, and that the person who ousted.

in the power of the Legislature to do exactly right. I believe the position taken on this floor by some members is correct; that the sitting member who comes with his credentials is entitled to his per diem until he is unseated. The present Constitution, however, provides otherwise; but I think the provision is unjust. I think as it is now proposed to amend the section, everything that should be incorporated in the Constitution will be then provided for. We are to make a section to take the place of the one in the old Constitution. I think the proposition of my friend from Clinton expresses the corMr. FERRIS. I am opposed to paysful contestant one

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that the gentleman from Grand Trav- to the seat. In such a case the person erse should advocate the paying both who has taken his seat under the cre- ing the unsuccessful parties from the beginning of the Leg-dentials will receive his per diem and cent. I have not yet heard from the islature to the time the contest is de- mileage while acting as a member of eminent and distinguished gentlemen cided. We would have some twenty the Legislature. The person who con- who have spoken in favor of paying or thirty persons to pay in that tested the seat, and who was declared something to him, one satisfactory reaway in each Legislature. I have entitled to it, should also receive his son for so doing. The person who never been in the Legislature any ses- per diem and mileage. That seems to comes with the credentials, who takes sion when there were not a dozen me to be entirely just. These parties his seat as the sitting member, will or more contested seats; and I think both come to the Legislature under a draw his pay and mileage, until it is this amendment would result in our claim of right; the right to a seat in determined he has no right to the seat. having more contested seats than we the Legislature. We are bound to He is in no sense a contestant; that now have, taking up the time of the presume that they come honestly party is the contestant who comes withLegislature and taking money from the claiming the right to that seat. They out a certificate. If he satisfies the treasury. Every time I have been should receive the compensation and House or the Senate, in whichever here, there has been a contested seat mileage of any other member during body he claims to hold the seat, that from the county of Wayne, and from the time that they are here. But sup- the certificate should have been given other parts of the State. I am opposed pose the person who comes to contest to him, then he obtains the seat, with to opening the door for persons to the right of the seat of that member the per diem allowance, etc. But if come here to contest seats. I think is defeated. Then the case is in the he fails, what right has he to any comthe committee have fixed this sec- hands of the Legislature to give to pensation? He presents a claim that tion as well as it will be if any him such compensation as under the is unfounded in fact, and is determined amendment is adopted, and I believe circumstances of the case he should to be unfounded by the body that has better, and not have that stringent receive. We, sitting here as a Con-power to pass upon it. What reason rule provided by the present Constitu- vention, cannot look forward and de- have we to authorize, or direct, or pertion, under which but one party to the termine what compensation should be mit the Legislature to put their hands contest, under any circumstances, could meted out to every person in such a into the pockets of the people and to draw any pay. But it leaves the Leg- case. pay a man as a member who is not a islature to distribute the compensation It may appear to the Legislature that member, whether four dollars a day, or as they may think proper, being con- the unsuccessful contestant had good two dollars a day? I do not underfined, however, to allowing one com- reason for coming forward and claim-stand the logic of any such argument. pensation to the two parties engaged ing the seat; it may appear that he was Let the man who contests stand upon in the contest. That is, I believe, as it justified in thus pressing his claim. the same footing of any other man should be. Under those circumstances, I insist who urges a claim. If he wins let him Mr. FERRIS. I am rather in doubt that the person thus making the con- have the plunder; if he loses, let him as to what all these gentlemen are test should receive a compensation go about his business, where he should driving at. I think I can see, how- from the Legislature equal to that of a have staid in the first place. ever, what we ought to provide. I will member. That would be my judgment Mr. CONGER. I think a careful move a substitute for the amendment, were I sitting in the Legislature as a consideration of this subject will satisfy which I think will accomplish what we member of it. But, on the other hand, every member that there are difficulties want better than anything before us if it should appear that the contestant to be provided for in either viewnow. I move to strike out all after had not good reason for pressing his either with the amendment or without the words "contested election," and claim to the seat of the sitting mem- the amendment. There are questions insert, "the unsuccessful contestant ber, then it is the hands of the Legis

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Mr. COOLIDGE. I hope I shall not be understood as being opposed to the section as reported; I am not. As to the word "each," in the section, I find no fault with it, because it may have the force of "either." I am satisfied with the section as reported. When I was on the floor before, I was talking of another matter.

pediency to be settled. If we are to or to hold seats improperly, or to per- session; and the contests will be inhave any constitutional provision at sons to contest seats because they knew creased in number, and the expenses all, we should adopt that which will beforehand, that the Legislature would, to the State will be increased beyond provide the nearest to what is right. in all probability, pay them both. what we have any conception of now. The committee thought that the sec- That was the reason why the committee tion in the present Constitution upon reported this section in the form now this subject did not exactly suit such before us. I am not skilled enough in cases as have arisen, and might again language to understand why each perarise. It did not give either House son, the sitting member and the one the right to do what was just and contesting his right to that seat, is not proper. We desired to change the a contestant when the contest is once rule of that section, so as to give to the commenced. The person who comes contestant, and to the person holding here after the other has taken his seat, the seat, the same per diem compensa- gives notice to the sitting member that Mr. WRIGHT. It seems to me that tion; to change it in regard to the he shall contest the seat, and the sit- the section, as reported by the commanner in which the compensation ting member contests with that per-mittee, is defective, and I do not think should be distributed. The section in son the right to have the seat. It that any of the amendments the present Constitution provides that-- makes him no less a contestant because will remedy that defect, except the one proposed "In case of a contested election, the per- he is also a sitting member. Like the proposed by the gentleman from Clinson only shall receive from the State per diem gantleman from Clinton, (Mr. DAN-ton, (Mr. DANIELLS.) I do not think it compensation and mileage, who is declared to be entitled to the seat by the House in IELLS,) I was once somewhat familiar is necessary to take any great amount with Latin in my earlier days. I had of time to discover where the defect is In practice, and as we can well see supposed that "contestant" meant a in this section as reported. If the in theory, a man may come here and person who brought proof or testimo- position taken by the gentleman from perform the duties of a member of the ny to sustain his side of the question; St. Clair, (Mr. CONGER,) be the correct Legislature for all legitimate purposes I had supposed that was the original one, that one party only is to receive for fifty, sixty, or more days; he may meaning of the word "contestant," a pay, or that the pay of a member is to during almost the entire session per-person coming with testimony. But be divided between the two contestform all the duties of a member. Yet in that I may be mistaken. ants, then the one who is actually entiunder the present Constitution, at the I do not think either of the amend- tled to the seat must be required to take end of that time he would be entitled ments offered meet the case; I do not from his pocket money he received while to no pay and no mileage, if his seat think that either of them will accom- holding the seat, to pay the contestwas awarded to another person. That plish the design of the mover. If it be ant. Just look at this proposition; it must be the practice under the present the desire of this Convention to say is a provision to pay two persons four Constitution, if the section I have read that both parties, the member holding dollars a day. A party comes here and is strictly construed. Now, every the seat, and the one contesting it, shall takes his seat under his certificate, and member of this committee must see be paid a per diem compensation, it retains it, we will say, one-half of a that such a rule in such a case is very easy to provide for that by session. A contestant comes up, who would work great hardship. The changing the four dollars to eight is legally entitled to that seat, and beState would not pay for services dollars, and leaving the section in rendered to it. The fact that another other respects to stand as it is. But if person receives the seat does not in- it be not their intention to do so, then in validate the laws which the one who my opinion, this section cannot be bethas been holding it has helped to tered by any amendment. I for one make; it does not in any way depre- would be in favor of paying both parties ciate the value of the services he per diem compensation, or of allowing has rendered the State. Yet in conse- the Legislature to do it. I think the quence of some technicality, some house in which the contest takes place irregularity of action on the part of may very properly be left to determine some officer of the election, he may be the amount to be paid to each person. declared not to be entitled to the seat, I think this section provides, beyond and under the present Constitution all question, for leaving the matter in would receive no compensation what-regard to the compensation of the conever for the services he had performed testants to the Legislature. In regard Yet the State has received his services; to the mileage, as has been remarked, the laws which have been passed by that is left an open question. Those who the aid of his votes, are declared to be enter into the contest may receive milegood and valid laws. The other party age for their journey here and return. may not have come near to contest the But I apprehend the people of this seat until the very last week of the State do not wish to pay two men for session. The committee thought that the services of one. If seats are conin such a case it would be very proper tested, those who contest them, and to leave the Legislature to distribute those who hold them, too, must take and divide the compensation between some little risk in the matter. the two parties according to the services rendered.

cause he did not happen to get the certificate, he must pay to the one who holds the seat for a time, unlawfully, out of his own money, that is, the money to which he was entitled as the legally elected member. In other words, the Legislature must provide for the payment of the person illegally holding the seat out of the money which belongs to the member legally entitled to the seat. That is the great. objection I have to the section as reported by the committee.

The question was taken on the amendment of Mr. FERRIS, and it was not agreed to.

The question recurred upon the amendment of Mr. BLACKMAN.

Mr. P. D. WARNER. I wish to say simply one word upon this question. If it is the desire of the committee of the whole that there should be any action taken by this Convention regarding this question, then of course this amendment will not receive the supI think the gentleman from Branch port of the committee. If the amend(Mr. LUCE) has said, and correctly, too, ment is adopted, by all means it will On the other hand, the committee that if either of these amendments be be policy to strike out what is left of did not wish to encourage contests; adopted we offer a premium for con- the section; because the adoption of they did not wish to hold out before- tests in each house of the Legislature, the amendment would leave to each hand a premium to persons to endeav- which will be accepted in every coming house of the Legislature to determine

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