The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1856-01-12

I AZ, and BENJAMIN F. Tllotson 81 votes. Ia
i Rushfofd precinct gave Warren j. Howe
4 Z, and Benjamin F . Tillotson 81 votes. u
4 Forestville precinct gave w. j. Howell :
and Benjamin F. Tllotson Ii votes. tss
| Elk Horn precinct gave VIM. j. Howe
IS, and Benjamin F. Tillotson S votes. \
Now, from the face of the returns, it ar
pears that there were three or four candi
4 dates for the Council in Fillmore County, an
that they received votes for that office a
follows: e. .a,.i..tl.r ~.
! Benjamin F. Tillotson. ....:.. l65 votes
Warren j. Howell. :. 81. lO4 {"
w. j. Howell. ...s. a.. D. 81, i"
VIM. j. Howell; -. 100. ....- IS /"
If the votes returned as having been givel
for Warren j. Howell, WI. Howell, ant
VIM. J. Howell, should be counted for War
rem j. Howell, he would have ITO votes, o.
majority Of votes over Mr.. Tillotson. +,
The Statute provides that the abbreviatior
of the names should not operate to pre-
vent the votes from being counted, when il
can be ascertained for whom such votes were
| intended, and l believe it is conceded by the
majority of your Committee that the votes
which were returned for w. j. Howell
should be counted for Warren j. Howell
| This being allowed, Warren j. Howell has
135 votes, exclusive of the votes cast at Elk
Horn precinct which were returned as hav-
ing been given. for VIM. j. Howell. This
view of the case reduces the question to be
decided to the single proposition: ought the
votes, IS in number, given at the Elk Horn
precinct and returned as having been given
for VIM. j. Howell, to be counted for War
rem J. Howell, or were they actually given
or intended for him. ''a
am clearly, Of opinion that in the inyes-
tigation, of cases of this nature, the law and
all precedents confers upon the Legislature
discretion to ascertain what was the real
intention Of the people when they cast their
votes, and not whether by some mistake or
negligence of some one, the people may be
defrauded of their just right of being re-
presented by the person of their choice; and
when the people honestly vote with the in
tention of bestowing their suffrages upon
any person, it would seem to be in violation
of all right and justice to defeat their action
by the production Of false record or thro'
any mistake or negligence. of any officer
whose duty it was to make true and correct
return of the votes as they were cast; and
to say that the Council cannot go behind the
return of the votes, and show that such re-
turn is wrong, would consequently be to place
the right of community in the hands of the
officers of election.
The evidence in this case clearly estab-
fishes the fact that the votes polled in the
Elk Horn precinct were not polled for Wm.
j: Howell, as appears upon the returns
thereof, but that the same were given for
Warren j. Howell the contestant here.
1t appears from the testimony of Mr..
Gere, the late Register of Deeds for the Co.
of Fillmore, and now member of the House
of Representatives from that County, that
he was acquainted with the candidates for
the Office Of Councillor there, and that there
were no candidates for the Council in that
County except Mr.. Tillotson and Warren j.
Howell, the contestant here. He swore that
he knew of no candidate for that office at the
ll::st election in that County, except the two
gentlemen above named. @ " r.
The affidavits of the Judges and one of
the Clerks of the Board of Election in the
Elk Horn precinct, clearly establishes the
fact that the IS votes Of that precinct, which
were returned to the Register of Deeds as
having been cast for VIM. j. Howell, were in
fact cast for Warren j. Howell 1t also ap-
pears from the same affidavits, that the name
of VIM. j. Howell was inserted by mistake,
in the returns made to the Register of Deeds,
and that Warren J. Howell should have
been inserted in the returns. If the Judges
and Clerk have sworn to the truth, then
Warren j. Howell was elected by majority
of S votes. The following are the afidavits
above referred to-:
rnnnITHns Fillmore or ceantz. cMastss'0rA'lss.
John Mower. being duly sworn, on oath
says he was duly appointed Clerk of all elec-
ton in and for Elk Horn precinct, of the
County of Fillmore, and Territory of Mime
sofa, and that on the ninth day of October
A. d. 1855, an election was held, and among
other persons voted for at said election
Warren j. Howell received thirty-fve votes
for Member of the Council, and that through
mistake of the Clerks of said election, the
votes were returned to the Board of Com
missioners of said County as having been
cast for William }. Howell, and further the
deponent saith not.
+, - JOHN MOWER.
Subscribed and sworn to this 22d day O.
December, A. D., 1855, before me, - -.
| .,.... H. S. H. HAYES,
| stt-.. Justice of the Peace
rrnHI5Snr Fillmore or csanty' MassssoTA' IS.
S. w. Kingsley, Henry Kibler and r. A
Steer, being duly sworn, on oath say they
were duly appointed Judges of Election il
and for Elk Horn precinct, of the County O
Fillmore and Territory of Minnesota, ane
that on the ninth day of October, A. D
1855, an election was held, and among Other
persons voted for at said election, Warren j
Howell received thirty five votes for Member
of the Council, and that through mistake O
the Clerks of said election the votes were
returned to the Board of Commissioners O
said County as having been cast for William
j. Howell, and further these deponents saitl
not. ee e- .-3
S. w. KINGSLEY,
! r. A. STEER,
j HENRY KIBLER,
Judges of Election.
Subscribed and sworn to, this twenty-firs
day Of December, A. D. 1855, before me.
H. S. H. HAYES,
4 'io Justice of the Peace
i Mr.. Gere testified that H. S. H. HAYES, tn
person before whom the above affidavits wer
taken, was at the date thereof an acting Jus
tice of the Peace for Fillmore County-tha
he knew his hand writing, and that he be
lieved the signature to be genuine.
j There was no evidence whatever produce,
which tended to impeach the above affidavit
in any particular whatever, nor was it pre-
tended that the persons who made these affi
davits were not respectable men and full
, entitled to credit.
! see nothing in this case which could lea
me to believe that any improper influence ha