Saint Paul weekly Minnesotian., 1859-05-14

and addressed the Board in relation to pro-
curing suitable Office for the Clerk of the
District Court. . -1.-- ~--.l----ls --.s.
1t was moved then, that the Board 60 into
an election for permanent Chairman.-Car-
ried.-Ayes 8, noes 2, calling in the votes
from Mounds View and New Canada. l j
The balloting then commenced, amid the
protests from two or three members, and ex-
preston of Outrageous" &c. On the second
ballot, VIM. H. Wolff, from the Third Ward
of the city, was unanimously elected Chair
man. Supervisor Wolff declined the honor,
in a very modest speech, however, and re-
quested that the choice of the Board should
be placed on some one more worthy and able.
His declination was accepted with regrets,
however, and the Board proceeded to ballot
anew
Judge Baker made lengthy speech in ia
vor of Mr.. Wilkinson, member from White
Bear, as Chairman. The splendid eulogy pro-
nounced on him by the member claiming the
seat from Rose, had such a surprising effect,
that on the first ballot Mr. Wilkinson re-
| ceived votes, as follows:
Ayes.-Messrs. Baker, Clark, Mclean, Marvin,
Wolff, Schiller, Lambert and Taylor-8s
Mr.. Wilkinson was therefore declared elect
ed Chairman, and responded to the compl-
ment by accepting the Office, and taking the
Chair.
The Board then adjourned until this morn
| ing at 9 o'clock.
TUESDAY, May 10, 1859.
The Board was called to order at 10 clock,
and the following persons found present: Su-
pervisors Clarke, Marvin, Larpenteur, Wolff,
Taylor, Schiller, Mclean, Baker and Lam
bert.
| THE CONTESTED SEATS.
The contested seat matter of Boyd us.
Mclean, of New Canada Township, was then
taken up, and the opinion of the District At
torney read, which set forth that DR.. Boyd
was not rightfully entitled to the seat claimed
by him; and in regard to Maj. McLean's
claim, setting forth that the appointment made
by the Supervisors of the township was not
conformable to law; but, as the Township
Law provides that officers shall hold their Of
fees until their successors are duly qualified,
he thought Maj. Mclean, of the old Board
entitled to hold the seat until his successor
be legally qualified to hold the same.
SPEECHES BY CONTESTANTS COUNCIL.
' Pending action on the opinion Messrs. Hol-
lingshead Counsel for Maj Mclean, and NJ.
: E. Ames, for contestant, appeared within the
: bar, to represent their clients. NJ. E. Ames
g opened the ball by an argument in relation to
e the usage regarding the right of deliberative
S bodies to judge of the qualifications of per-
e sons claiming seats therein. Mr.. A. held that
v in this instance the Board could not 60 be-
hind the certificate presented by the contes-
e tant, Dr. Boyd, to ascertain whether he had
" filed his oath and bond. Mr.. Ames also dwelt
at length on the technicalties of the election
N and appointment of the two suitors for the
a. seat, the manner of granting the certificate of
Maj. Mclean, the legality of the same, and
F. the relative merits of the claims of the two
u parties.
Mr.. Hollinshead stated, in reply, that there
ta were prerequisites which must be observed,
a before any one could legally claim seat
e. The Statutes provided certain qualifications
and these must be regarded and observed
ne Now the question was, had DR.. Boyd fulfilled
n. these; and if not, as was shown already,
a could he be faithfully entitled to the seat
r.. claimed by him ? In his failure to do so, the
Board of Supervisors had taken the proper
10 steps to supply the deficiency occasioned by
20 the neglect or refusal of Dr. Boyd to qualify,
4. and legally and in accordance to statutory
provisions, had appointed Maj. Mclean to sup
al ply the vacancy, who has presented to the
Board the proper certificate to enable him to
,;s hold the seat.
lis JUDGE BAKER MAKES HEAVY SPEECH.
"a Some further argument ensued, when it
as was proposed to adjust the case at once, and
he then take up the other. This being acceded
I'D to, Judge Baker aired his ideas on the sub
o. ect in lengthy argument, Having leave to
speak for at least fifteen minutes, in which he
e, quoted ancient cases in New Jarsey and else
y. where as precedent, thought the Board could
60 behind certificates respect the ballot
[c- box and the people," and that DR.. Boyd, if
he had made mistakes, did the best he knew
how. [Quite compliment, that. Said the
Board hadn't orter ask whether he was right
or wrong, but whether he thought he was
be right and tried to do right, and had made no
0ilfuU error. Abused Major McLean-said
4 he wasn't immaculate, and if he had been be-
| Eoro tho ,,oo,,lo xr,o,,ldr,f have boo,, loro
or said his hands wasn't clean, nor his record
oc clean, &c. Here Judge Baker was inter-
"a rupted by remarks of time, "2O minutes" )"
a &c., but went on. Said he was ready to act
in this case-Mr Hollinshead hadn't spoken
nj his real views-and the question was, had
Maj. Mclean any right in the Board over DR..
- Boyd who had taken taoo oaths. Wasn't 90
- ing to see the rights of the Township taken
- away, &C., &C.
Chairman Wilkinson here vacated the Chair
-, to the Judge, and was proceeding to speak,
M when a motion was made and carried to take
n recess until half-past one.
AFTERNOON SESSION.
When the Board was called to order, Mr..
Wilkinson continued his remarks for about
half an hour, in favor of the admission of E..
A. Boyd to the seat claimed by him-d declared
he had been prosecuted, and that the wish of
10, the people of New Canada Township was that
ad they should be represented by him.
as DIR. BoYD's CLAIM REJECTED.
ne Judge Baker moved that he be admitted to