The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-01-10
FRIDAY, January 4.
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FRIDAY, January 4.
NCIL.
The Council met at ten O'Clock. Prayer by
the Chaplain.
The Journal Of yesterday was rad.
Reports from Committees being 10 order, the
Committee on Contested Election cases. through
their Chairman, Mr.. Setter, made u report.
The Committee ia 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;
lst That on the day Of said election the
Judge. and Clerks Of the election In the Fix
horn precinct, in the county Of Fillmore, pub
licly, and under the sOlanDity Of their oaths,
canyassed the votes Of the said precinct, and
made out certificate Ol the same according "
the provisions OF the statute concerning cleo
tions that they then and there certified, from
an examination Of the ballots cast at said pre-
cinct. that VIM. j. Howell had received IS
votes for the ofIice Of Councillor, and benjamin
+. Tillotson had received five votes for the
same Office, and made return Of said iacts to the
Register Of Deeds Of Fillmore county. accord
ing TO law.
I'd. Your Committee decide that the evidence
Of mistake having been made by the Clerks
In returning the votes for VIM. j. Howell in the
Elkhorn precinct, is subject to 70 many objec-
tions in substance that they are unwilling to
accord 10 il sufficient weight TO contradict re-
cord made under the circumstances which &C
company the one ia question that among the
objections which your Committee find 10 the
evidence 10 establish said mistake are the fol-
lowing That the policy Of the law is TO fur
nish u record Of the proceedings Of all elections
made at the time Of the canyassing Of the votes
by the Judges, in the presence Of all parties To-
trrcsted, or in other words. publicly, and under
the soemnity Of an Official oath.
That in the present case such was done and
participated in by all the judges and clerks Of
the election 10 the precinct in question and
properly certified by them, that such record
was duly returned to the proper officer and by
him filed, and that The only evidence 10 contra
diet such record is the affidavit Of said judges,
and one Of the clerks; that the CLERKS Of the
oil, ction made mistake in the name Of Warren
J. Howell, and returned the same as VIM. j..
Howell, attempted 10 be corroborated by the
production Of thirty nine printed ballots which
were cast ut the election in Elkhorn precinct,
and which appear TO have been cast for War
Ien J. Howell twentyeight, W. J. Howell six
and Benjamin +. Tillottson FIVE, which neither
correspond with the return Of the said Board
Of Election, nor with their afiidavits subse-
quently made TO contradict the same. in form
or number. which discrepancies your commit
tee 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 question Of
.ne u'ls.ake - no' Accoan'eu ~, W shc s".,s,
.cuos " your coni'n'''ts, Ana 'nA' run We
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