CONTESTED ELECTION.
Mr. CAVEN, from the Committee on the Judiciary, reported as follows:
Mr. President: The Judiciary Committee, to whom was referred the petition of Wm. H. Montgomery, Senator elect from the district composed of the counties ot Martin, Dubois and Pike; praying to be admitted to his seat in the Senate, in place of Aaron Houghton the sitting member, report, that they have had the same under consideration, and from the agreed state of facts admitted by the parties, it appears that said Aaron Houghton was elected Senator from the counties of Lawrence and Martin, in October, 1866, that he was sworn in, and entered upon the duties of his office, that afterwards in October, 1867, he was duly appointed and commissioned by the Sec'y. of the Treasury of the U. S. as Assistant Assessor for Divison No. 5, of the First Collector District of Indiana, and duly entered upon the discharge of the duties pertaining to said office, that at the general election in October, 1868, said Wm. H. Montgomery was elected Senator from said district, and received his credentials.
In Section 9, Article 2, of the Constitution of Indiana, it is declared that no person holding a lucrative office or appointment under the United States, or under this State, shall be elegible to a seat in the General Assembly.
page: 346[View Page 346]The office of Assistant Assessor is, in the opinion of your commitee an appointment under the United States, created by the laws of the United States, and it is their opinion that by accepting such appointment, said Aaron Houghton vacated his office of Senator, and rendered himself ineligible to a seat in the General Assembly, and that Wm. H. Montgomery was duly elected to fill such vacancy, and is entitled to his seat in the Senate, your Committee therefore respectively report that Aaron Houghton has vacated his office of Senator, and that Wm. H. Montgomery is entitled to be admitted to his seat as Senator from said District, composed of the Counties of Martin, Pike and Dubois.
Mr. CAVEN explained the circumstances, which were, that Mr. Houghton was elected to the State Senate in 1866, and, therefore held over. Subsequent to the last session, he was tendered and accepted the appointment of Assistant Assessor of Internal Revenue, and this, in the opinion of the Committee vacated his seat in the Senate. He suggested that as some persons might desire to discuss the question, it be made the special order some day next week.
Mr. JOHNSTON of Montgomery, desired that a vote might be taken on the resolution now.
Mr. ROBINSON of Madison, said there was no difference of opinion in the committee as to the propriety of the resolution, but that Mr. Houghton might probably desire to be heard in his own defense, and for that reason it might be proper to delay action upon it.
Mr. CRAVENS stated there was a very strong doubt in his mind as to the correctness of the opinion of the committee. The holding of such an office would render him ineligible to a seat in the Senate, but it did not follow necessarily, that his seat was vacated by accepting it after election. He did not desire t discuss it at that time, and moved to make it the special order for Wednesday next, at half past ten o'clock a. m.
Mr. SHERROD moved to amend by substituting Monday at two and a half o'clock.
Mr. RICE spoke of the difficulty of obtaining a full Senate at that time, which was certainly desirable when the matter should he acted upon.
Mr. SHERROD withdrew his amendment and the motion of Mr. Cravens was adopted.
Mr. SCOTT, from the Committee on the Judiciary, returned the 1868 city tax assessment bill, [S. 200] with a favorable report thereon.
Mr. HUGHES presented a memorial, which was read amid much merriment and--
The LIEUTENANT GOVERNOR'S announcement that it would be referred to the Committee on Rights and Privileges created a fresh outburst of laughter.
Mr. HUGHES offered a concurrent resolution requesting an address on Educational subjects from Hon. B. C. Hobbs, on Monday evening in the Hall of the House.
The resolution was adopted.
