The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1852-02-12
LEGISLATIVE.

aaT Beatty.
Mr. Murray, from The committee TO
whom vas referred the petition of w. w.
Warren, con,essiDs The seat of MIR. Beatty,
presented the following report:
1iie select committee 10 whom was re-
ferrel the petition OF VIM. w. Warren,
cSnsesliag the right of James Beatty TO
seat on this fioor-the report OF Commits
.ioness appointed under resolution Of this
House, Jan. 10. 1852, together with the ties.
Utn0ny taken by said Commissioners aud
The exP aTte testimony submitted by pction-
e., e.. have the honor tn report:
1baI they have given the same that eon-
alteration which the length of time allowed
them 10 report, would permit
1ar Committee regret that the commit
tee - whom the petition of WIN. w. Mar
ren vas originally referred, with the ample
authority given Them by resolution Of this
Hoass 10 employ Commissioners TO take
iesti nony, send for papers, Sc, should
hsye % signslIy failed in their object, Civ
Ing Is IN thei: report and the yoluminous
sccoBpanying documents hardly fact up
on which your present committee Is able to
base 4 corr ect opinion as to the rights iI-
solFe1 IN this contest.
Your Committee further regret that the
soae:s, should have given a construction
- liu ted aud so far within the meaning
aud Intent OF lie resolution under which
they aciei.
kour Committee believe that this House.
hy re passage Of the resolution ia question
deter Iiuei that there should he "A thorough
tui iIpartiai investigation OF the matters
-el 9TH in The petition OF Mr.. Warren, and
ibag every fact having i,earing thereon,
would he laid before this House by the
Commissioners, through the committee.
Ilerefo-e, that tn, Co nnss'oaers APP
p=;Diei 70 take testimony, should have r.
fused TO act ut Fort Ripley, because the
ressi ION under which they acted did not
ga 5ord include Cass county, is something
more han passing strange, aud something
for which your Comniiitee cannot account
when We take into consideration the fact
fhal tae grounds OF contest set forth by
Er Warren, IN The petition is, the illegal
N5-ng OF thirteen individuals, resident. of
Fort Ripley, III the county Of Cass.
Did the Committee or their Commissions
trs presIne that the matters involved in
rAis 1nte,t could receive AZ oar hands that
imGarrial consideration 10 which they were
entitled, although they might have taken
che testimony of every voter Of the county
a BesioB, if the matters 10 which Mr.
Warren specifically referred were not no.
,iced, aud treated with neglect!
A1Ir committee end. at the last general cleo
ten, held upon The l4'h day Of Oct ,bar, 1851.
Nessrs- Wm W. Warren AMI James Beatty
e-g1 Candidates for a seat in the present Legisa-
.i.e Asscmby Of this Territory. for the county Of
Ben-oI. And that the former received at Elk
E.seF Two votes. at Sank Rapids thrfy-six votes,
- cyan rivef forty yo;es, and II Crew Wing one
Tcie, d. all. seveary-nine votes. The latter re-
.ssisei al Elk River fwenty-six votes, at Sank
Rapids ten votes. at Crow Wing thirteen votes,
- \ ,keseppe nne,een votes, in all, eighty five
.0ies, all Of which will fully appear by aui,en-
iiellsd copies Of the returns file in tho
slice cf The Register Of Deeds of the county Of
Benton. herewith Submitted. giving MIR. Beatty Il
y-rl facie majority Of six vcies, and emitting
h.ll 10 a seat GA hi. floor, till the contrary is
n IN.
Ar. Warren AYERS ia his petition that
- liam Alexander, Augustus Cunrasi, John
ticInire, William Curry, Samuel Williams
Michael O'Conner; Elias b. Taylor, Ed
Gey. Joha s. Garrick, John Comfy, John
Ma ply, Edward Ritter and M. A. Henry
~ al al the said election, held al The house
81 3. Ohnsled, No Kesppe precinct in the
SAM county OF Benton. for James Beatty,
q. preventative, aud that neither of them.
- ne time they so voted were residents of
the county of Benton, but were citizens Of
Las> rounty, residents at Fort Ripley, and
sTers hot consequently entitled to II vote for
2 reDresentative Of the county Of Benton;
ard shIch votes ID cxcludc,cd would entltle
hinl o a seat on this floor.
l. prove which averHient, your commit
go la5 In evidence before them The affida-
siis u all the above named persons, except
y. 4. Henry, Edward Ritter and John
Nalh h, taken before Allen Morrison, no.
tary public, in and for the county of Benton,
Who ieposed they were residents of Cass
county on the i4th day of October last, and
thai hey did vote for James Beatty. for
ref'Tesentatise at The Nokeseppe precinct,
living most satisfactory TO your committee,
III LEGALITY Of ten votes at least, given for
James Beatty at Nokeseppe.
, 0ur committee by reference TO the aft
davif of s. b. Olmsted taken lay the con-
Ipissi Snrrs. fad that he deposed, that he
knew William Nett.eica, and that he be-
iievei he resided in Ca>s county; also tina,
be kDew Sylvester Staieber. and he believed
hs sided near Gull Lake, in Cass county;
aisc lh1t he knew Charles Cheboilly and
aha, he hal always UNDERSTOOD that he resi-
lied a Red Lake, s. his impression was thai
k-d Lake was in Itasca county; and also,
iari ne knew a man by the name of Clark,
ihal he resided in Cass county the last he
k1ew anything about him. Also that he
knew Lieut.. Carlin, he resided al Fort Rip
ieg. Cass county.
II loes not appear by TIE testimony Of
ON ted, when or for whom these persons
vote ], by reference to duly authentic ated
COPS, which is herewith submitted, of the
IioA book and returns Of the Crow Wing
precinct The committee find that VIM.
Ne.;ieton, Lieut.. Cariin, Sylvester Staleber
Ch Hes Cheboilly and Clark voted at
lie Crow Wing precinct, and that the en-
sire Number Of votes poIled at that precinct
wers fourteen, OF which James Beatty re-
oe.ye I'd thirteen, and w. w. Warren one.
lr therefore very evident to your COM
mHise if the votes Of Neitleton, Carlin,
Slaieber and Clark, were legal or illegal,
tBry must have heen given to Beatty, Or at
feast three of them.
Nis. n. p. Miller appeared before the commit
tee and testified that there was enc illegal vote
'en Ter Mr.. Beatty at Elk River, by person
who's. aame ne did not recollect that the said