JOHNSTON AND OVERSTREET CONTEST.
Mr. BELL offered a resolution for allowance of expenses in the Overstreet versus Johnson contested election case, being a total to Reuben M. Johnson of $1,310.
page: 293[View Page 293]Mr. MAGEE moved to amend by reducing the amount to $500.
Mr BROWN entered a substitute for the amendment and resolution allowing $500 in addition to mileage and per diem.
It was rejected.
Mr. VOYLES said the Senate would not be justified in allowing as much as is proposed by the Committee resolution. It is true the center tor prosecuted the suit in good faith, but the items as set forth in the Committee report are too extensive.
Mr. MAGEE also thought the charges are outrageous and unjustifiable, and for one should vote against the resolution, and entered a protest against appropriating any such sum of money. When a man runs for office he takes his chances of being elected, and ought not to ask the State to pay the expenses of a contest, especially when the majority report says there was no good ground for a contest.
Mr. YOUCHE opposed the resolution, not believing it right to allow these expenses. If it was for the purpose of paying the expenses of one who had the right in the contest, it might be proper to pay the expenses, because under the rules that obtain in a Court of Justice the party gaining the case recovers from the other party. Yet this resolution asks that the State shall come in and for the purpose of encouraging the contest should put her hand in the pocket and pay the cost of the unsuccessful candidate. If this thing is to be encouraged the same rule ought to apply to every man who holds an elective office. The law expressly provides in case of County officers, where a man makes a contest and is unsuccessful is obligated not only to pay his own case, but also the man against whom the contest is made.
Mr. BROWN never was and never would be in favor of paying two persons for occupying one seat in a legislative body. The report of the Committee adopted the other day provides that this contestor shall be paid mileage and per diem, and he moved to amend the amendment by allowing him the sum of $500, and no more.
Mr. FOULKE favored this amendment. He protested against awarding compensation for three attorneys when one is ample for the purpose, and one should have attended to this case from the beginning to the end for the sum of $500.
Mr. ADKISON suggested $200 would be enough.
Mr. HENRY was willing to vote for that much, though the proposition of the Senator from Cass is nearer than any of them.
Mr. BUNDY also thought that the fairest amendment offered. He opposed allowing anything beyond mileage and per diem.
Mr. ADKISON moved to make the allowance $200.
Mr. Henry moved, as a substitute for the amendment and the resolution, $500 in full for per diem and expenses.
Mr. BELL thought it not right to talk about paying the reasonable expenses of this contest with the insignificant sum of $140. There is a principle upon which such action as is proposed is based; and that is to allow the expenses of a contest. It has been acted upon in Congress from time immemorial. Men ought to be encouraged to make a good contest. A contest for a County office holds out a much greater prize. Men run for that office for the money that is in it. Such circumstances don't attend this office. We are all interested in seeing any contest that seems to be fair carried.
Mr. JOHNSON considered this mileage and per diem is allowed for the very purpose of reimbursing the contestant for expenses incurred n the contest. Certainly the contestant has not rendered any service. If the sum is made $500, this Senate has done ample justice to the contestant.
Mr. BROWN considered $140 as nothing like a fair compensation for counsel fees in this case. The depositions were volumulens-about 2,300 pages. Before he would vote the poor, miserable, cringing sum of $140 to pay counsel fees, he would not vote a farthing.
Mr. BENZ didn't know anything about fixing the price of lawyer fees; only we oughtn't to pay Cropsey for loafing around here this winter, and that is what he wants to get pay for, not for contesting this case.
The LIEUTENANT GOVERNOR: Then you don't want to pay him very bad.
Mr. BENZ: No I don't.
Mr. BROWN'S heart was made sick when he moved to amend so that the compensation for legal service shall be $250.
Mr. SAYRE hoped the Senate would stand by the report of the Committee adopted the other day. The Committee find that the services are richly worth the prices charged. The report of the Committee as made to the Senate should be adopted without amendment.
Mr. FOULKE thought he would favor the $500, but failing in that, thought $250 should be allowed.
Mr. MAGEE withdrew his amendment.
On motion by Mr. BROWN the substitute resolution was amended by increasing the amount to $610.
The substitute resolution, as amended by Mr. Brown's motion, so as as to make the total sum $610, was adopted by yeas, 80; nays, 11.
Pending the roll-call, in explanation of votes-
Mr. BELL voted for it because it increases the sum slightly; it is wholly inadequate and unfair nevertheless.
Mr. BENZ remembered a contest six years ago that cost only $79. I can't see why in the dickens we are to pay lawyers for loafing around here abusing people. I vote "aye" all the time. [Laughter.]
Mr. BUNDY didn't think the contestant entitled to mileage and per diem. He voted "aye."
Mr. FAULKNER knew nothing about the fees charged-whether they were high or low-but he did know he would never vote to pay them one cent. He vote "no."
Mr. HENRY voted for the amendment in preference to the original resolution, reserving the right to vote against it as amended.
Mr. LOCKRIDGE stood by the majority report adopted by the Senate which allows the contestor mileage and reasonable expenses. The per diem is $369. This amendment leaves for expenses and attorneaeys' fees $250, which is a very reasonable fee. Therefore, he voted, "aye."
Mr. OVERSTREET asked to be excused from voting, but Mr. Bell objecting, he voted "aye," regarding $500 as reasonable.
Mr. SAYRE believing this sum not enough for reasonable expenses and attorneys' fees, voted "no."
Mr. VAN VORHIS voted for the amendment, reserving the right to vote afterward as he pleased.
Mr. VOYLES, believing this to be about as near as could be arrived at by mutual agreement, voted "aye."
Mr. YOUCHE thought nothing should be allowed the contestant, because he did not make the contest good.
The vote was then announced as above.
So the resolution, as amended, was adopted.
The resolution reported by the Committee as amended was concurred in by yeas, 28; nays, 14.
Pending the roll-call-in explanation,
Mr. ADKISON: Inasmuch as the Senator from Allen and Whitley [Mr. Bell] and the Senator from Marion [Mr. Van Vorhis] failed to stand up to the first proposition in the Committee report, he would not stand up to the second. Therefore he voted "no."
Mr. KEISER voted for the resolution on the ground that the Senate has heretofore decided that Mr. Johnson, the contestant, should have per diem and reasonable expenses. The expenses, as fixed in this resolution, are reasonable; therefore he voted "aye."
Mr. McCULLOUGH ordinarily could not under page: 294[View Page 294]stand why the expenses of an unsuccessful contestor should be paid, but in this case he thought the contestor made out his contest, and for that reason is entitled to expenses, since the report declaring the contestee entitled to the seat was adopted the Senate is bound in honor to pay these expenses; therefore he voted, "aye," believing them reasonable or even below reasonable.
The vote was announced as above.
So the resolution reported by the Committee, as amended by the substitute resolution, was adopted.
Mr BUNDY moved that J. A. West. C. A. Gal- breath, Joseph Friedman and Robert Newland be allowed twenty dollars each f^r finishing the (Copying of the journal this week.
Pending a vote on which-
The Senate took a recess till 2 o'clock p. m
