The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1856-02-09
The Contested Election Case.


The Contested Election Case.
The Council spent nearly the whole of
Thursday last in Committee of the Whole
in considering the Reports of the Committee
on Elections to whom had been referred the
petition of NJ. w. McCracken, a contestant
for the seat occupied by j. d. Ludden for
the st. Croix and Superior subdivision of the
First Council District.
The case was opened by the counsel for
the contestant, Col. M. w. Irwin, who call
ed upon the Secretary of the Council to read
the evidence in the case, which request was
complied with. This occupied the time of
the committee for upwards of an hour. The
learned counsel then proceeded with his re-
marks:
He most truly said that the full attend
ance both inside and outside the bar of this
honorable body, showed that it was an
occasion of uncommon interest; that the dis
position of this case was looked to through
out the Territory as highly important. The
evidence as taken by the committee revealed
a most singular and anomalous state of
things; that of the three candidates for the
Council in that district, the sitting member
had received the least number of votes. He
would show by the reports of the commit
tee that the certificate should have been
granted to the contestant, and the sitting
member should have been the one to contest,
but through the collusion of public officers
the reverse had been the case. He contend
ed that the report of the majority was not
sustained by the evidence except in single
instance, and that an unimportant point. In
contests like these, the sitting member al
ways has an advantage over his opponent,
TO matter how just his cause was. 1t was
easy to say to one arother, "You vote for
me, and will vote for you;-yOu sustain my
measure, and will sustain you." But he
knew he was addressing an honorable body,
who he hoped would rise above such unwor-
thy motives.
The report of the majority had asserted
that the contestant had failed to establish his
residence in the Territory. He would read
a portion of the evidence touching that point
and sec if that was the case. If the Coun-
ciIIors could be satisfied, from the evidence,
that the contestant was not q legal and bona
f.le resident of the Territory, and as legally
and Justly entitled to vote and hold office as
any of the honorable body he was addressing,
then he was done with the case. He COM
mented at some length and very ingeniously
on this point The affidavits of thirteen
citizens Of the Superior country and the ev-
idence taken by the committee of several
well-known citizens had fully established
the contestants residence.
The evidence showed that he had made a
claim on the north shore of the Bay of Su-
perior in the month of February last, that
lie had house on it, and had lived there,
but that it was necessary for his business to
be away from his dosnicil large portion of
the time, which accounted Tor the fact of his
practising as an Attorney in Wisconsin. But
that surely would not deprive him of the
right of citizenship. 1t was precisely SIM
liar case to lumberman or logger whose
business rendered it necessary for him to be
from home sometimes eleven months in the
year. It was also in evidence that his claim
house had been burned down, but he trusted
that that would not destroy his rights of citi-
zenship;because misfortune had laid its heavy
hand upon the contestant, we ought to SYM
pathize with him and welcome him-not cast
him from us.
There were only three who had testified
that the contestant was resident of Wis
consin; but they were either ignorant of what
they testified or their characters were so no
toriously Infamous that this Council could
not believe them. He would not say any
witness for the sitting member, because his
evidence was of no material consequence
He was constrained to believe that the man
ner in which the sitting member had got his
certificate of election reflected no credit upon
that person.
After thanking the Councillors for their
close attention to him during his argument,
the learned counsel concluded. The commit
klo 70
3 o'clock.
In the afternoon the Council went into
committee of the whole again, and
Mr.. Setter rose to reply to some of the
arguments of the counsel for the contestant
He read the law constituting the counties ol
Doty and Superior to sustain the report ol
the majority Of the committe. The counsel
had picked out but two of the affidavits in
support of the position he assumed-he was
wise in doing so. The affidavits offered by
the contestant all agreed in one point-they
show that he claimed residence in Mime
sofa, not that he actually resided there
He sifted and commented at some length OIL
the evidence and showed that it supported
the opinions expressed by the majority re-
port. He referred to the unjust attack that
had been made upon the characters of the
witnesses for the sitting member. lie win.
dicated Mr.. Ely and said that he had known
him upwards of ten years, and that he was
proverbially known and respected by the
older settlers of the Territory for the hon.
esty and purity of his motives and blameess
Fife. He, as well as hundreds of the loggers
on the ST. Croix, had often dealt with him
during his (Mr. Ely's] residence on Snake
River, and this was the universal opinion in
that region; and that the attacks made upor
him were an infamous outrage.
He referred to the evidence of Mr.. Parker
VI had travelled during the past summe