The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-04-10

tain their seats by unanimous consent. no Que
appearing to contest or dispute tho hirnxs oi
tho e'cctlon, or regularly on truthf,inos of the
e return, In either Of their cases. Iiencc the
+ contest was reduced 20 the claims Of one Iscin-
her. who rcccived the certificate under the gcu
; crsd election Of the 30th March, snd the six
. incmber~ tpre-cat) who rcreivcd certificates un-
der the special election Of the 2ath of May
; In the Inst case the decision Of tho Governor
was rcvcrwd, and the sent awarded 10 the eau.
, tiiiatc who received tho highest numler Of
votes at tho election on the 3Oth OF March, and
} IRON whom the certificate had been withheld by
the Governor. upon the ground ol irregalarty
In tho election aud returns from Que prccinat,
the exclusion Of which poll gave the majority
10 tho oppoeing candidate In the other six
cascs the sitting members wefc deprived Of
their scats, ani the candidates recolv,na The
highest number " votes NJ the general election.
ON the 30th II March, were awarded their rla.
ctS. utspn tho ground that the special election
| Oh the 24th of May. was Illegal aud void the
| Govcruor not being authorized by tho orgonc
law ot The Territory. to 60 behind the returns
and set aside the election held on the 30th Of
March.
The minority rcpor, dsscn,s IRON the reason
ing aai, protests agains, the conclusions Of the
I majority, aud ailirms tho right ol the sitting
meu,bsss to retain their sra,s, upon the ground
that thu Govcrnors certificate was not merely
prism fdrn evidence but was conclusive In
respect 10 the rights Of all claimants and con
.ssisa!s anil !.aae ~. !slas@.s e-.l! ~. - III.
hind the ecr,ihca~s cf election 10 inquire
whether there had been d previous election in
those districts on the a0th Of March ami who lad
received the highest number Of legal votes at
that election, The proposition Is thus siaiod
IN tho minority report
| IL cannot ngrc. TINT this body has the right
| 10 20 behind the decision of the Governor who,
by virtue OF his Office. 10 the organizing tsle.
ral arm Of tho general government. 10 evolve
and manage u new government for this Teri,
tory, Cor the ohvious rcason ,lat Congress
makes him the solo j,,lso VI the qualifications
for membership"
! II Ia true that the minority report aludcs 10
+" evidence beimc tho comnli,'ec. oI great def.
cicncies. not IN the form Of conducting the
election, but In tho manner of holding them,
both ~ 10 the qualifications ol judges, who
presided and the returns made oat by them,
and says. there Ia Io doubt that theee Illegal
proceedings on the one hand induced the Gov
rrnor 10 withhold certificates from some, who,
from tho number oi yol,@ returnoJ In their III.
yor, might, at tho same time, appear a. have
been properly elcc,ed. and on the othcr TO Anye
bocn tho ground on which he presented cer-
tincate IN QUO instance, aIh IN another, or'i'r
, dcred new election Ia reference io eiheF ais.
T ,rcts." Hut while the minority report eiIirms
the right Of tho Governor 10 90 behind tho ~
turns and investigate irregularities and egnl
voting at the ocotion, ~ well as thc delcien.
clcs III the forms OF the returns and asscrla that
ho did exercise this riahi in each case ia which
be- granted or withheld q crtii,a,., Il ,uaiu-
tajns that tho Governor 4 decision. as evidenced
by hs certificate, was final and conclusive, aud
could not bc reviewed, much lssa rc,crs,d, by
either branch Of the Territorial i>g,slatufe.--
30 far M the question involves tl,o legality u
the X aDsas Legislature, aud the validity OF lis
acts, IL is entirely iu,natctial whether We adopt
the reasoning and CONCLUSIONS oi the minority or
majority report. for each proves that tho Lgis.
4 laturc WAS legally and duly constituted The
minority report establish,s the fact. by the po-
siiion that the Goyernof = certificate was con.
, elusive, and that be granted certificates 10 ten
ont of the thirteen .Councilnt.n. aud 10 seven.
. teen out oi the twenty.six Representatives,
vvlo finally beLd their aeuts which was laryely
: - ~ ...,-.,.. r - I...L a, ~.
m"' ""h J""""' =" '"" ram" W -"
Legislature. No majority report einDlihWi
the san,e Gact by the IaDsitop that nIlsr goiua
80. a.. Ua.g. a,s,iU,,,,., .,J ra,'C,iis.,
r,amininv tho fae,a, thew coulirme,i these ,aa,,
ten Councilmcn and seventeen Representatives
Ia their Snts apI then AWARDED the ssnia of
| n ~ IT.. c..,..,l -. - -, t....
tntivtt 10 the candidates whom they teirycd
La. nj