Mr. NIBLACK. Mr. Speaker, as I reported back these claims to the Hence, it is properI should say a word. The ComClaims felt embarrassed in the consideration of these 2 cases to which the Gentfrom Massachusetts refers, for the reason that they involved a precedent in reference to the payment of claims presented by contestants, by members, and by persons o aiming to be Delegates from organized and unorganized Territories. As we understood the practice of the House, whenever a gentleman contests the seat of a sitting member, and fails tosucceed in his contest, it I! for the ComElections to determine whether he has made such a primafacie case as would entitle him to the usual perdiem and mileage. When they do so reart it is usual for the House to concur in that recommendation, as they do in their report on the merits of the case itself. It becomes, therefore, we think, a delicate questionto determine whether the contestants should be compensated or not. In this case of Mr. Clarke, of Iowa, it seems that the Committee ofElections did, at the time they reported in favor of the sitting member, Mr. Ha l, report a resolutionallowmg Mr. Clarke, the contestant, perdeim and mileage up to a certain date. When the report of the committee came to be considered, the Speaker decided, and I think properly, that the resolution relating to the sitting member involved a question of privilege, and it was immediately considered and acted on, and he further decided thatthe resolution for the compensation of the contestant was not a question of privilege, and therefore it went over and card not be acted upon, and was not reached during that session. At the succeeding session the question was referred to the ComElections, and that committee reported a resolution allowing the contestant the same compensationfl do not recollect the amount. It seems to have been brought Congress alter congress before the ComElections, unti at the last session it was referred to the committee of Claims. We do notwant toget rid of the labor, but we do not consider ourselves the proper committee to determine whethera prima acic case has been madeout according to the recedents of the ComElections, whother he should be compensated, and if sohowmuch. It is alone on that ground ivedesire that the matter shall be referred for consideration to the ComElections.