[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 9.  Election Contests]
[M. Summaries of Election Contests, 1931-72]
[Â§ 51. Seventy-seventh Congress, 1941-42]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1161-1162]
 
                               CHAPTER 9
 
                           Election Contests
 
               M. SUMMARIES OF ELECTION CONTESTS, 1931-72
 
Sec. 51. Seventy-seventh Congress, 1941-42

Sec. 51.1 Miller v Kirwan

    On Jan. 10, 1941, John W. McCormack, of Massachusetts, the Majority 
Leader, called up as privileged the following resolution (H. Res. 54): 
(19)
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19. 87 Cong. Rec. 101, 77th Cong. 1st Sess.; H. Jour. 55.
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        Whereas Locke Miller, a resident of the city of Youngstown, 
    Ohio, in the Nineteenth Congressional District thereof, has served 
    notice of contest upon Michael J. Kirwan, the returned Member of 
    the House from said district of his purpose to contest the election 
    of said Michael J. Kirwan; and
        Whereas it does not appear that said Locke Miller was a 
    candidate for election to the House of Representatives 

[[Page 1162]]

    from the Nineteenth Congressional District of the State of Ohio, 
    at the election held November 5, 1940, but was a candidate for the 
    Democratic nomination from said district at the primary election 
    held in said district, at which Michael J. Kirwan was chosen as the 
    Democratic nominee: 

     Therefore be it

        Resolved, That the House of Representatives does not regard the 
    said Locke Miller as a person competent to bring a contest for a 
    seat in the House and his notice of contest, served upon the 
    sitting Member, Michael J. Kirwan, is hereby dismissed; and no 
    petition or other paper relating to the subject matter contained in 
    this resolution shall be received by the House, or entertained in 
    any way whatever.

    The resolution was thereupon agreed to without debate and by voice 
vote by the House. Thus the House dismissed the contest without the 
contest having been referred to the Committee on House Administration, 
and therefore without committee action and consideration.
    Note: Syllabi for Miller v Kirwan may be found herein at 
Sec. Sec. 4.4, 4.5 (House power of summary dismissal of election 
contests); Sec. 19.4 (contestants as candidates in general election); 
Sec. 42.4 (resolution disposing of contest as privileged); Sec. 44.2 
(form of resolution disposing of contest).