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

reported for the Tmess
MINNESOTA LEGISLATURE.
SATURDAY, Jan. S, 1856.
Council met. President in the Chair. No
Chaplain. Roll called-l2 members present.
Mr.. Flandrau stated that in the Journal Mr..
Bailly's vote was recorded for Mr.. Abbott for
Secretary, BY mistake. Mr.. Bailly's vote was
given for G. H. Nix. The Journal was altered
accordingly. si. e.f.'o
The Reports of Committees being in order,
Mr.. B. w. Thompson, one Of the Committee on
Contested Seats, made the following
REPORT:
/, the undersigned, the Minority of the Com
mittee to whom was referred the application of
Warren j. Howell, to be admitted to scat in the
Council in the place of Benjamin F. Tillotson, the
That have carefully investigated all the facts
which have come before your committee, and in
view of all the facts in the case, am clearly of
the opinion that Warren j. Howell, was duly
elected by the voters of Fillmore County, to
seat in the Council and which seat is now held by
Benjamin F. Tillotson. regret that am oblig-
ed to dissent from the report of the Committee
to whom this has been referred, and it is with
dif6dence that urge my opinion upon the Coun-
Gil in opposition to the views of the ma jorty of
the Committee, and were it not for the fact that
in my opinion there can be no reasonable doubt
but that Warren j. Howell was duly elected to the
Council, should not have urged my opinion up
on the consideration of the Council.
The facts are simply as follows AT the late
election there were six precincts in the County of
Fillmore at which votes were cast, viz Chat
field, Carimona, Richland, Rushford, Forrestville
and Elkhorn.
The returns from these several precincts to the
Register of Deeds were as follows =
Chat6eld Precinct gave W.. j. Howell 26 and
Benjamin F. Tillotson 35 votes.
Carimona Precinct gave Warren j. Howell 55
and Benjamin F. Tillotson 80 votes.
Richland Precinct gave Warren j. Howell AZ
and Benjamin F. Tillotson 81 votes.
Rushford Precinct gave Warren j. Howell
and Benjamin F. Tilletson 81 votes.
Forrestville Precinct gave w. j. Howell S and
Benjamin F. Tillotson Ii votes.
Elk Horn Precinct gave VIM. j. Howell IS and
Benjamin F. Tillotson votes.
Now, from the face of the returns, it appears
that there were three or more candidates for the
Council in Fillmore County, and that they receiv-
ed votes for that Office as follows -
Benjau in F. Tilots"n 165
Warren j. Howell, lO4
W. j. Howell, 81
VIM. j. Howell, 3j
If the votes returned as having been g ven for
Warren j. Howell, W. j. Howell and Vim. j.
Howell should be counted for Warren j. Howell,
he would have l70 votes or II majority of votes
over Mr.. Tillotson.
The Statute provides that the abreviations of
the names of candidates shall not operate to
prevent the votes from being counted when it can
be ascertained for whom such votes were intend
ed, and believe it is conceded by the ma aority of
your committee that the votes which were return
ed for w. j. Howell should be counted for War
rcnJ. Howell. This being allowed, Warren j.
Howell has l33 votes exclusive of the votes cast
at Elh Horn precinct, which wore returned as
having been given for VIM. j. Howell. This view
of the case reduces the question to be decided to
the single proposition: ought the votes 35 in
number given at the Elk Horn precinct, and re-
turned as having been given for VIM. j. Howell,
to be counted for Warren j. Howell, or were they
actually given intended for him.
| am clearly of opinion, that in the investiga-
ton of cases of this nature, the law and all pre-
cedcnt confers upon the Legislature, discretion
to ascertain what was the real intention of the
people when they cast their votes, and not wheth-
cr by some mistake OF negligence of some one,
the people may be defrauded of their just rights,
of being represented by the person of their CHOICE
and when the people honestly vote with the inten-
tion of bestowing their suffrages upon any person,
it would seem to be in violation of all right and
justice to defraud their action by the production
of false record, or through any mistake or neg
ligence 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 60 behind
the return of the votes, and show that such return
is wrong, would be virtually to place the right of
a community in the hands of the officers Of elec-
tiOn.
The evidence in this case clearly establishes the
fact that the votes poled in the Elk Horn precinc:
were not polled for WIN. 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 County of Fill
more, and now a member Of the House of Repre-
sentatives from that County, that he was acquaint
ed with the candidates for the Office of Council
lor then, and that there were no candidates for
the Council in that County, except Mr.. Tilotson
and Warren j. Howell, the contestant here. lie
swore that he knew of no candidate for that Office
at the late election in that county, except the two
gentlemen above named.
The afidavits of the Judges and one of the
Clerks of the Board of Election in the Elk Horn
precinct, clearly establishes the fact that the 35
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. How
ell. 1t also appears from the same afidavits, that
the name of Vim. j. Howell was inserted BY mis-
take in the returns made to the Register OF Deeds,
and that Warren j. Howell should have been in
serted therein. If the Judges and the Clerk
nave sworn W tue trutI, then warren y. dOwell
was elected by majority of FIVE votes. The fol-
lowing are the aHidavits above referred to-:
TERRITORY OF MINNESOTA,
Fillmore County, o.
John Mower, being duly sworn, on oath says he
was duly appointed Clerk of an election in and
for Elkhorn precinct, of the county of Fillmore,
and Territory Of Minnesota, and that the ninth
day of October, A. D., 1855, an election was
he'd, and among other persons voted for at said
election, Warren j. Howell received thrty-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 Commissioners of
said county as having been cast for William j.
Howell, and further the deponant saith not.
JOHN MOWER.
rrs,,ro.. cann,. 9; OF r;I'mnss rM;I,'ssasorA'l.s.
Subscribed and sworn to this 22d day of De-
cembsr, A. D., 1855, before me,
H. S. H. HAYES,
Justice Of the Peace.
TEsEI!oRr OF MINNESOTA,
Fillmore County, '''
S. W. Kingsley, Henry Kbler and R. A. Steer,
being duly sworn, on oath say they we're duly ap-
pointed Judges Of Election in and for Elkhorn