The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1856-01-12
MONDAY, JANUARY 7, 1855.
The Case Of Howell and Tiiletson.

MONDAY, JANUARY 7, 1855. ...,
The Case Of Howell and Tiiletson.
AS the decision of this case is now pend
ing before the Council, we give for the in
formation of our readers, the opinions of the
two branches of the committee upon it,
Withholding for the present, comments Of
our own. 81. s1sj. r.re-. p ss
The majority of the Committee in their
report, after stating the testimony upon
which Mr.. Howell claims his seat, arrive at
the following conclusions in reference to the
justice of his claim = .l 10 -s-f. Ii. +.
LIST. That on the day of said election the
Judges and Clerks of the election in the Elk
horn precinct, in the county of Fillmore, pub
licly, and under the solemnity of their oaths
canvassed the votes of the said precinct. and
made out a certificate of the same according
to the provisions of the statute concerning
elections; that they then and there certified,
from an examination of the ballots cast at
said precinct, that VIM. j. Howell had re-
ceived IS votes for the office of Councillor,
and Benjamin F. TIllotson had received five
votes for the same Office, and made return of
said facts to the Register of Deeds of Fill
more county, according to law. .>,5r7a,
I'd. Your Committee decide that the svi-
dence of mistake having been made by the
Clerks in returning the votes for VIM. J..
Howell m the Elkhorn precinct, is subject
to so many objections in substance that they
are unwilling to accord to it sufficient weight
to contradict a record made under the cir
cumstances which accompany the one in ques-
tion; that among the objections which your
Committee find to the evidence to establish
said mistake, are the following That the
policy of the law is to furnish a record of the
proceedings OF all elections, made at the time
of the canvassing of the votes by the Judg-
es, in the presence of all parties interested,
or in other words, publicly, and under the
solemnity of an official oath.
That in the present case such was done
and participated in by all the judges anu
clerks of the election in the precinct in ques-
tion and properly certified by them, that
such record was duly returned to the proper
officer and by him filed, and that the only
evidence to contradict such record is the affi-
davit of said judges, and one of the clerks I;
that the CLERKS Of the election made mis-
take in the name of Warren j. Howell, and
returned the same as VIM. j. Howell at
tempted to be corroborated by the produc-
ton Of thirty-nine printed ballots which were
cast at the electin in Elkhorn precinct, and
which appear to have been cast for Warren
j. Howell twenty-eight, W. j. Howell six,
and Benjamin F. Tillottsou five, which nei-
ther correspond with the return of said Board
of Election, nor with their affidavits subse-
quently made to contradict the same, in form
or number, which discrepancies your COM
mittee are wholly unable to account for, on
the theory of their being the identical ballots
cast at said precinct.
Your committee would further state that
the silence of one of the clerks on the ques-
ton of the mistake is not accounted for to
the satisfaction of your committee, and that
from the fact Of the proof being almost en-
tirely ec parte in its nature, taken in connec-
tion with the ballots above referred to hav-
ing been placed in the possession and kept
under the control of one of the parties in in
terest, and now appearing so widely different
from the affidavits and returns given in evi.
dence, your committee feel unwilling, from
motives ofjustice to Mr. Benjamin F. Tillot.
son, and of public policy, to allow the claims
of the contestant, and report the following
resolution:
Resolced, That Benjamin F. Tillotson is
entitled to the seat that he now occupies in
the Council of the Territory of Minnesota
All Of which is respectfully submitted
Il. N. SETTER, Chairman.
CHAs. E. FLANDREU.
Mr.. Thompson, on Saturday, submitted
the following Minority Report:
The undersigned, the minority of the
Committee to which was referred the appl
cation of Warren j. Howell, to be admitted
to seat in the Council in the place of Benz
F. Tillotson, the sitting member, respectfully
begs leave to report ..r5
That l have carefully investigated all th'
facts which have come before your Com
mittee, and in view of the facts in the case
I am clearly of the opinion that Warren j
Howell was duly elected by the voters o
Fillmore County to seat in the Council, ant
which seat is now held by Benjamin F. Til
lotson. 1 regret that l am obliged to dis
sent from the report Of the Committee t.
which this case has been referred, and it il
with difidence that urge my opinion upol
the Council in opposition to the views of tn
majority of the Committee; and were it no
for the fact that, in my opinion, there cal
be no reasonable doubt but that Warren y
Howell was duly elected to the Council,
should not have urged my opinion upon tn
consideration Of the Council.
The facts are simply as follows AT tn
late election there were six election precinct
in the County of Fillmore, at which vote
were cast, viz: Chatfeld, 'Carimona, Rich
land, Rushford, Forestville, and Elk Horn.
The returns for these several precincts t
the Register of Deeds were as follows :
Chatfeld precinct gave w. j. Howell 2t
and Benjamin f. Tillotson IS votes. &
Carimonia precinct gave Warren j. How
ell IS, and Benjamin F. Tillotson 80 votes.