Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1856-01-05

oos1| f. slloE cA.r.
Our coteu rariet have blen engaged for
sps deyaP in e1p bin} the state Of facts
4 AgaA 4. else : q Hen. Warren J.
W. haze not the honor Of personal nc
qt6ihtanO9A Win eithaxdfa ne contestants and do
not even know their political bearings. and we
do not design to forestall the action of the
Council BY 4. Lengthy and lahored newspaper
argument. There are, however, many prece.
dents applicable tofbe present case,r all. we
believe, going to show that when body has
the sole power todecideupcnshe 'qmii6eusiess
OF its own members, that body, being q court
Of dernier resort not only has the. power, bat
is bound tog behind the record and act asa
court Of equity in the matter, and regard the
popular will, as the actual intent Of the people,
is made to appear. -.
We have now in our minds eye case pre-
cisely in point in the Senate of Michigan in
1916, which was argued for some days by the
ablest lawyers of Detroit, James F. Joy, Jacob
NJ. Howard and others, and the conclusions
arrived at were as found in the resolutions
hereunto appended. in themselves showing a
complete case parallel to that of Mr.. Howell
and which were adopted by the Senate, a large
majority Of its members holding political faith
adverse to the claimants.
The following are the resolutions rs adopt
ed with but two dissenting votes:
s'Resolved, That in the opinion of the Senate
the votes cast in the Fourth Senatorial District
for Geo. A. Coe were intended for George A. Coo
and that he is entitled to the same and further
Resolved, That the votes cast for George Coe
were intended for George A. Csc, and he is emit.
tied to the same; and further ny
Resolved, That the votes cast for Ephraim D.
Danford were intended for Ephraim B. Danforth
and further sf.,- t -.ft'~}/ fiif
Resolved, That George A. Coe has been duly
elected to the Senate in the Fourth Senatorial
District in the State of Michigan, and is entitled
to the seat now occupied by Ephraim B. Danforth,
the acting MEMBER
(See Mich. Sen. Jour. 46, p. 56.)
This, it will be seen, is a much stronger case
than that of Mr.. Howell. .,-....>te.f
In the case cited above the votes were all
returned as giuea in at the polls, whereas in
the case of Mr.. Howell it is proposed to Gust
him of his seat in consequence of clerical
error of the Clerk of the Board of Canvassers.
When the votes were all correctly given
there would seem to be no doubt in the case;
but even had the votes been given, some for
Warren ]. Howell, some for Warren Howell
some for w. ]. Howell and yet others for Will
jam j. Howell-it being made distinctly to ap-
pear that there was no other candidate in
that district Of any similar name, the Council
has the right and should promptly adiudge
them all to the men for whom they were de-
signed.
Did the same questions pertain to any other
office of county or otherwise, the like power
would vest in the Supreme Court under writ
OF quo 'carranto to GUST the party holding the
certificate.
Contested election cases in Congress have
frequently been decided on these principles
while in some cases where the necessary evi-
dence ,Uas not furnished to enable the House to
properly determine the matter, they have been
referred back to the people.-Free Press.
| CoNcRATULAroRY.-The Winona Argus an
nouuces the marriage of Capt Sam Whiting, ed
itor of the Winona Republican, to Mrs. -
Miller, of Winona. If the announcement is cor
rect, we congratulate our editorial brother on his
happy lot, trusting he and his spouse will live long
to enjoy life's many blessings.
Is Rux's DoIScs.-Old DR.. Barry, member of
the Royal College of Surgeons, died few DAYS
since, in the hospital in London, Upper Canada.
For FIVE days before his death he had taken moth
ing but whisky. His habits of intemperance had
reduced him to rags, but he retained the manners
of q gentleman. He was once Mayor of BY.
town. -sao1satA - ser ,ie,e
GT Louis Napoleon, at the present moment,