Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1856-01-12
Reported for the Times.
MINNESOTA LEGISLATURE.
TUESDAY, Jan. 8.

Reports of Committee on contested seats, made
the order of the day, was then brought up for &C
ton.
Mr.. Balcombe moved that the whole subject be
referred back to the Committee, with power to
procure testimony in Fillmore County.
Mr.. Setter objected to the motion on the ground
that time enough had already been had to procure
the testimony, and it was necessary that the House
should 90 on with its business.
Mr.. Balcombe replied at length, alluding to the
fact that one of the clerks was absent from the
Territory, and that other testimony could be pro-
cured. As an act of justice he asked that the mo-
ton might prevail.
Mr.. Fandrau wished to express himself, being
one of the Committee. He granted that the LIE.
gisature had power to 60 behind the record, but
there must be limitto these matters. Mr.. How
ell had had time enough-he gave Mr.. Tillotson
no notice that he intended to contest his seat
Mr.. F. opposed the motion for the reason that there
must be some limit to these matters. The con-
testant should have his proof before he came into
the Council, &c. They have had sufficient time
to do all they now wished to do. Saw reason
why time should be prolonged. If they could
show any good reason why further time should be
granted, he would not oppose the motion.
Mr.. Balcombe would not have made the motion
had not the gentlemen themselves refused the tes-
timony. As long as they object to the testimony
as exparte, it right that persons should be ap-
pointed to 60 to Fillmore County and take testi-
mony. 1t was common custom, very common,
and the only way the real facts could be elected.
The motion was reduced to writing. Mr.. Bal
combe made call of the House. All the mem
bers present. Mr.. Balcombe's motion being under
consideration the ayes and noes were called-aycs
5-noes 10.
Mr.. Setter moved that the report of the major
ity committee be adopted.
Mr.. Balcombe wished the gentleman to with
draw his motion in order that he might make an
other motion that both Mr.. Howell and Tillotson
be admitted on the floor through their counsel, to
be heard.
Mr.. Setter had no objection provided the coun-
sci of both gentlemen were present, and that Mr..
Tillotson desired to be heard by counsel. Mr.. T..
did not desire to be heard bv counsel.
Mr.. Balcombe's resolution was amended.
That the Council resolve itself into committee
eff the whole, and while In committee of the whole
tue consul OI Mt. Howell DC ncaTu.
Mr.. Rollins in the chair. On motion of Mr..
Setter, NJ. S. Wilkinson, Esq, of this city, was
admitted 70 the floor of the House, as counsel for
Mr.. Howell, and in speech of some length sum-
med up the facts in the case, setting forth that
Mr.. Howell justly entitled to his seat. MIR.
Wilkinson made the case very clear, and was fol-
lowed by Messrs. Flandrau, Setter and oth-rs
81 tho com,niffoo md ho roeo1,,
ton admitting Mr.. Tilotson to his seat was passed
by the following vote: Ayes-Messrs. Tillo'son,
Flandrau, Lowry, Hanson, Rolette, Setter, Stone,
and Brisbin.-S.
Nays Mcssrs. Balcombe. Baily, Dooley, Lud-
den, Thompson, Rollins.-6.
Adjourned.
HOUSE.
House met and was called to order by the
Speaker.
Prayer by the Rev. Mr.. Torbet.
The Journal of yesterday was read.
Mr.. Norris moved that the journal be so amend
ed as to read that Mr.. Covile was sworn into his
seat inadvertently and unknown to the members
of the House.
The motion was ably defended by Messrs. Nor
ris and Galbraith. Mr.. Galbraith spoke for some
time, and said that he did not believe the error
committed in the journal was done with the cog
nizance of any member Of the House, and hoped
that they would right both in honor to themselves
and the Territory. He said that political differ
ences should not make any member neglect their
duty, especially when act of justice was con-
cerned for his part, he would never do it, even
if the party to which he belonged denounced him
for it.
The question being put, and the yeas and nays
being called for, there were yeas II, nays 20.
Mr.. Hunt moved that the House now proceed
to the election of Assistant Clerk.
Mr.. Holland here rose to question of privilege,
and stated that an article appeared in the Pioneer
and Democrat, claiming that he and other Demo-
cratic members of the House had coalesced with
the Republicans. He closed his remarks by say
ing that the author was q LIAR, and knew that he
lied when he penncd it.
The House then proceeded to the election of
Assistant Clerk. Mr.. Pierce received &c votes,
Mr.. Franklin 10, Franklin Pierce l. Mr.. Pierce
was then declared duly elected.
Mr.. Mobiles moved call of the House-Mr.
Van Worries absent.
On motion of Mr.. johnson, Mr.. Van Worries
was excused from further attendance in the House
to-day.
The House then continued the election of per-
manent officers with the following result:
For Enrolling Clerk j. P. Wilson received 20
votes, l. Staples 8, VIM. Crock 6, Mr.. Spiel l, MIR.
Abbott l, Mr.. Shepley /.
Mr.. Wilson having received majority, was de-
clared elected.
For Sergeant at Arms-Mr. Mol onald received
. majority of the votes, and declared elected.
For Messenger-Joseph LeBonne having re-
ceived majority of the votes, was declared elect
ed.
Fer Fireman-Mr. Poucher receiving MAORI
ty of the votes, was declared elected.
For Chaplain-Mr. Nsill received 20 votes, Mr..
Torbet 10, Mr.. Van Ingen 6. Mr.. Neill receiving
. majority of the votes, was declared elected.
Adjourned until 10 O'Clock A. NJ, to-day.
Wednesday, Jan. 9.
COUNCIL.
The following Standing Committees were ap-
pointed by the President:
Internal Improvements.-Messrs. Freeborn,
Tillotson and Dooley.
Territorial Afairs.-Messrs. Lowry, Rollins
and Balcombe.
Judiciary.-Mesns. Flandrau, Hanson and
Lowry.
Agriculture and Neutrality-suspicious.. Stone,
Thompson and Bailly.
al Evnop1;turo.