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1933 Contested-Election Case of Mackey vs. O'Connor 1 (1882)

handle is hein.usccsset/usconset51525 and id is 1 raw text is: 47TIH (OwI(RESS, HOUSE OF REPRESENTATIVES. I REPORT 989, 18t &siw. Part 2. CONTESTED ELECTION CASE OF MACKEY vs. O'CONNOR. APRIL 12, l42.-Ordered to be printed. Mr. MOULTON, from the Committee on Elections, submitted the fol- lowing VIEWS OF THE MINORITY: Election contest in second district of South Carolina. The undersigned, members of the Committee on Elections, dissent from the views expressed by the majority of the committee, both in re- gard to the relation of Samuel l)ibble, the sitting member, to the case of E. W. M. Mackey vs. M. P. O'Connor, and also in regard to the authenticity and genuineness of the depositions in the said case. In view of the fact that the circumstances present several novel feat- ures, it seems to us that great care should be exercised in its consid- eration, to the end that every determination made therein should become a sound precedent for future adjudications. The following are a few of the leading facts in the case: In November, 1880, E. W. M. Mackey and M. P. O'Connor were op- posing candidates for Congress in the second congressional district of South Carolina, and, as the result of the election then held, M. P. O'Con- nor was declared elected by the State board of canvassers, and received the usual certificate of such election, which was duly filed with the Clerk of the House of Representatives. _3r. Mackey contested the election of Mr. O'Connor in the usua form, and in the taking of testimony in such contest, by an agreement of which both parties availed themselves, all limitations as to time were expressly waived, so that the taking of the testimony was protracted over a much longer period than the term al- lowed by the statute, an(1 before the taking of Mr. O'Connor's testimony .was completed he died ou April 26, 1881. On May 23, 1881, the governor of South Carolina, in accordance with the provisions of the Constitution of the United States, issued his writ of election to fill the vacancy in the representation in Congress; and at the election held thereunder on June 9, 1881, Samuel Dibble was elected, receiving his credentials June 22, 1881, and the same being filed with the Clerk of the House of Representatives on June 257 1881. Mr. Mackey, the contestant of the late Mr. O'Connor, did not serve any notice of contest of Mr. Dibble's election; but proceeded after the death of Mr. O'Connor, and before the election of Mr. Dibble, in taking testimony in the case of Mackey vs. O'Connor; and the record as now filed and printed embraces testimony on both sides, so taken after .Mr. O'Connor's death, and before Mr. Dibble's election. On December 5 1881, the House met, and M~r. Dibble, on the call of the roll, presented himself to be sworn. Objection was made by a mem- ber of the House, who stated to the House the general circumstances of

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