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Congressional Record-Rouse 6044 CONGRESSIONAL RECORD-ROUSE . NOVEMBER 29, Evan Stark Evans. NORTH CAROLINA.. G ... orge Frank Holland. Ernest L. Auman, Ashboro. Howard Pendleton Kirtley. J :-> cob Carl Kr::ifft. SOUTH CAROLINA. Otis Burge s Nesbit. J. F. Rickenbaker, Lake City. Walter Scott Rountree. A. 0. Thompson, Conway. PROMOTIONS AND APPOINTMENTS IN THE NA.VY. SOUTH DAKOTA. Commanoer Mark L. Bristol to be a captain. William }foore, Armour. Veut. Commander Roscoe C. Bulmer to be a commander. VIRGINIA. Lieut. Iloger Williams to be a lieutenant commander. Lillie L. Davis, National Soldiers Home. Lieut (Junior Grade) Guy ID. Baker to be a lieutenant. John S. Scott, Parksley. Tbe followjng-named citizens to be assistant surgeons in the WASHINGTON. Medicnl Ile;:erve Corps: Frank C. Willey, Shelton. Hubley R. Owen, and Foster H. Bowman. WISCONSIN. POSTMASTERS. Annie K. Blanclmrd, Blanchardville. ARKANSAS. Charles F. Dillett, Shawano. Irvin H. Ecker, Whitehall~ A. D. A~ee, Gui·don. Albert F. Fuchs, Loyal. J. E. Leeper, Dermott. Aloys Grimm, Cassvi11e. CALIFORXIA. David A. Holmes. MiJton. Alfred Belieu, Watts. Franz Markus, Medford. P. L. Byers, Huntington Park. John O'Neil, North Freedom. Anna l\fary Carson. Compton. Edward Porter, Cornell. 1\1. F. Cochrane. San Rafael. E. D. Singleton. Camp Douglas. E. J. Cnrne. Menlo Park. J. V. Swift, Benton. Wnlter J. De8mond. Long Bea.ch (late Longbeach). W. M. Ward, Soldiers Grove. George P. Dobyns, El Monte. Frnnk P. Firey, Pomona. Thomas F. Fogarty, Marysville. HOUSE OF REPRESENTATIVES. Floyd Godfl'ey, San Dimas. Duncan A. Gray, 8oldiers Home. SATURDAY, November ~9, 1913. George Gribble, Scotia. The House met at 12 o'clock noon. Clnrk McLnin. Pusarlena. The Chaplain, Re\. Henry N. Couden, D. D., offered the fol­ Abraham Mooser, Oce;mpai·k. lowing prayer : Uilton 1\1. Pilkenton, Hermosa Beach. 0 Thou who art supremely wise and strong and good. our So11hie J. Rice. King City. heavenly Father, by the fnith which holfls our conr e to Thee, D. C. Saunders. Lompoc. by the hope that illumines the way, by the love thRt mnke us William J. Simms, Gardena. one with Thee and pours it elf out in self-sacrifice for the good Elizabeth l'il. Steel. Downey. of mankind, inspire us with high ideals. pure moth-es. ancl a Charles R. Thompson, Burbank. sincere desire to fu1fi11 our earthly de tiny and le:i•e behlnrl us FLORIDA. a record worthy of emulation. hearing with us into the !!re:i t Guy I. :Metcalf, West Palm Beach. beyond a character woven into the tissues of the soul after th similitude of the Master's. Amen. IOWA. The Journal of the proceedings of Wednesday, November 2G, William H. Fickel, Glenwood. was read and approved. Wilhelm Hes el~chwerdt. Kalona. Jasper W. Morris, Panora. SWEARING IN MEMBERS. M . D. Sullivan, Wilton Junction. l\lr. UNDERWOOD. l\fr. Speaker, I ask for the adoption of KENTUCKY. the resolution which I send to the Clerk's desk. [Applause.] l\lr. l\IANN'. :Mr. Spe;1ker. before that I desire to pre ent a W. :M. Black, i\Ionticello. newly elected l\Iember from l\Iassacbusetts to be sworn in. Fannie G. Taylor, CampbelJsville. The SPEAKER. Does the gentleman from Alabama withhold MARYLAND. his resolution? J. R. Duke. Leonardtown. l\Ir. UNDERWOOD. I withhold-the resolution. C. W. Jefferson. Feder::ilsburg. The SPEAKER. The gentlemnn from Mas achu etts [Mr. J. F . Peach. North East. PAIGE] and the gentleman from New York [l\fr. CANTOR], Con­ Mary W. '.rise, Hyattsville. gre8smnn elect from· the twentieth district of New York, will MASSACH"GSETTS. come forward and be sworn in. Accordingly l\lr. CALvrN D. PAIGE, Member elect third Ma ~n. ­ Michael F. Cronin, Lawrence. chusetts district, and l\fr. JACOB A. CANTOR. l\lember elect twen­ James Nagle. Concord Junction. tieth New York district, presented themselves before the bar ot William F. Walsh, Hinsdale. the Hou e and took the oath of office. MICHIG.A....""i. The SPEAKER. Now Mr. LoFT, of the thirteenth New York Louis J. Braun, South Range. district will come forward. J. W. Ewing. Grand Ledge. l\Ir. GEORGE W. LOFT, Member elect thirteenth New York dis­ Thomas GiJligan. Hopkins. trist. presented himself before the bar of the Hou e. August C. Goehrend, Reed City. The SPEAKER. The Chair finds on examination tbnt tlle William W. Harper, Harrison. credentials of l\lr. LOFT are in proper form and has a protest Arthur Hillman, Akron. ngainst his being seated on a pm-ely legal question. The Chair William P. Hicks, Holly. will have the protest rend. Daniel A. Ilolland, Hancock. The Clerk read as follows: NonrnnEn 24, 1913. Herbert E. Iveson, Addi on. Hon. CHAMP CLA.RX. Jo eph Karl, St. Clair Heights. Bpealcer of the House of Representatives, Arthur A. Juttner, l\Ienominee. Oapitol, Washingto-n, D. 0. Thoma H. McGee. Farmington. DEAR Srn: On behalf of William J. Wilkins. a voter in tbe thirteenth congre sional district of the State of New York, and of other vote1·s In Robert Mooney, Ontonagon. that district, I respectfully protest again t the seating of GEORGE W. Eugene L. Rose, Petoskey. LoFT as a Member of tbe House of Representatives, based on bis alleged election at a general election held in the State of New York and in tbc NE\ ADA. city of New York as RepresPntative in Cong-ress to fill a vacancy in that Alton A. Carman, Pioche. office occasioned by the death of Hon. Timothy D. Sullivan, September 1, 1913, on the ground that tbe said alleged special election, held at the NEW YORK. date of satd general election, is null a.nd void, in that the executlve authority of the State of New York did not issue a writ of election as J. E. :Morgan Dodge, Lawrence. provided by Article I, sedion 2, subsection 4, of tbe Constitution of the q. H. }fills, Delevan. United States; and in that a proclamation purporting to conf?rm to 1913. OONGRESSION \_L RECORD-HOUSE. 6045 t~e said provision of Article I , section 2, subsection 4, of the Constitu- Ji~ not only the constitutional pro,-ision, !Jut it js the construc­ tion of the nited States, was issued and fi~ed on the .28th da~ of Octod- tion of the Con titution which this House h•1s made on more ber, 1913, one week before the date of the said specrnl election calle . • . ~ ' . thereby, to be held on the date of the said general election, November 4, than one occasion. :Not only JS that the fact. but it will · be 1913, and that said proclamation so issued was in violation of the_pro- found on investigation although it does not settle the matter; visions of section 292 of the election law of the State of New York, th t bl" d t ' . b · " .· t cl • .· t d f thA which provided that In the event of the issuance of a proclamation by .a PU. lC acumen senow em~ pun e are Pil~ e us o ~ the governor of the State of ·ew York for a special election the date of Sixty-third Congress second !':ess10n, for presentation next week. such special election to be fixed thereby must be at a day not .less than l\lr. UNDERWOOD. .Mr. S11eaker, I remember this question ao nor more than 40 days from the date of the said proclamation. Th · th t h th . '!'hat it is undisputed that at the time that the purported nomination "as up some yeai ago. e issue came up en as o ~ e er ot the said GEORGE w. LOFT to fill the said vacancy was !11ade by the an adjournment a few rnmutes before the regular se s10n was congressional committee of the Democratic Party for the thirteenth con- to begin constituted a new session. I recognize the fact that gre sional district on October 2, 1913, no writ of election bad thereto- th . di • t h th . · fore been issued by the governor of the· State of New York and no writ .ere was a sa~reement0 as o w e . er .1t was ~ new session issued, except as stated, on October 28, 1913. OI not. At that time I oppo ed the grantmg of mileage for the On behalf of the protestants I desire the privilege of submittinl ~o new session, and took the position then that it was a continuous the prope1· committee of the H~)Use of Representatives precedents o t e session Of com·se that wa . only my position but the House House ot Representatives in similar circumstances. · . • . • • I submit that it ts a matter of grave concern that the provis1ons of itself at that time determmed by a vote of the House that the the Constitution with respect to elections to fill vacancies ~ the office 1\Iembers were not entitled to mileage· at least, they votecl of Representative in Congress be enforced, such provision bemg manda- d th mil , •t• ' f b · tory and not permissive, and that the precedents of t.h~ House of Re~re- own e ea,,,e0 pioposi Ion on ac~ou~t o t ~ new sess10i;i. sentatives be sustained, and to that end desire the pr1v1leg~ of appearmg The gentleman says that the Constitution provides, unless it before the prope1· committee of the House of Representatives when the is otherwise provided by law that there shall be a se sion on the credentials of the said GEORGE W. LOFT are received. ft. t M d · D b • ' h" h · . t. b t ·t h b The question of the validity of the election is now before the courts rs on ay ill ecem er W ic 1s correc , u i as een of this State, and an application to restrain the secretary of state of determined by law otherwise, also.
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