Weekly Minnesotian and times., 1859-12-31

Moses Bixler, "
Henry Caskey,
John IL. Flanagan, GO "
John G. COuper, 0 "
1t also appears in evidence that the only
evidence before the Board of Commissioners
of the result of the election at said town of
Burnsville, was the two documents copies of
which are appended to the evidence herewith
reported, and marked respectively Schcd-
ules, "D" and "E." The one marked Sched-
ule I'D" purpOrts to be a return of the votes
cast at that election in said town of Burns
vile, and to be signed by Mr.. Mcdonald
Chas. O'Neal and Timothy Mcnamara, as
judges, and by Patrick Lynch and James
Connolly, as clerks. 1t was admitted on the
hearing before the committee, on the part of
sitting members, and is evident by inspec-
ton, that the names of Chas. O'Neal and Mi
chael Mcdonald, were not written by them
selves, but by James Connolly, one of the
clerks. No evidence is in the case explana-
tory of this fact, although said Mcdonald,
O'Neal and Connolly were introduced as wit
ness by the sitting members and examined
upon other points arising in the case. No
other evidence of the votes cast at said town
of BurnSvie at said election is before the
committee, except that Ii. c. Hank testifics
that he voted then and there for the contest
ants and for John G. COuper for Reprcsen-
tatives to the State Legislature
1t was claimed before the committee on
the part of the contestants that the return
from said BurnSvlle) must be entirely re-
jccted and that there was thus no evidence
before the canvaSSerS or committee that the
sitting members received any votes at
said Burnsville. But the majority of the
committee are not willing to assume the re-
sponsabillty Ofrejecting the return as ''lrinaa
tacia" evidence. They have however deemed
it their duty to examine throughly, the al
legged fraudulent voting in said sOwn.
In so doing they have been guided mainly
by the poll books in evidence of Glendale in
Scott County, and of Burnsville, aforesaid and
by the testimony of John B. Fish, who is
very intelligent and apparently unprejudiced
man, an engineer and surveyor, by education,
with the further facilities for observation and
knowledge in the matter afforded by his hav-
ing his house, store, mills, and tOwn-site To-
Gated directly on the dividing line between
Scott and Dakota Counties. The witnesses
brought forward by the sitting members be-
trayed such utter ignorance of the creation
of the line between said counties, that we
could give very little weight to their testimo-
ny, however honest they might be in giving it.
AS result of this examination the commit
tee unanimously agree that thirteen (13) per-
sons whose names appear on the document
hereto appended marked schedule I" as hav-
ing voted at the Election in question in Burns
vile, are proved to have been residents of
Scott County. They further agree that five
other persons whose names appear in said
document as voting at Burnsville at said cleo
ton, appear by said poll list to have voted
twice each thcreat. A portion of the majority
who join in this report are of opinion that the
votes of those thus shown guilty of double
voting, should be entirely rejected. The others
think that only the second vote of each should
be thus thrown out. But this question proves
by the table and canvass to be not of practical
Importance, as the deduction of nine illegal
votes from those received by Ara Barton would
result in the election of Archibald NJ. Hayes,
in his place: and it would require the showing
of twenty-five illegal votes cast for Stephen
Newell, to elect Moses Bxler in his place.
The majority of your Committee therefore
unite in reporting to your honorable body in
addition to what they have already submitted
with the recommendation that it do pass, the
following resolution:
ResolUed, That Archibald NJ Hayes be and
he hereby is declared elected to and member
of this House, and that Ara Barton be, and he
hereby is declared not member of this House.
Your Committee would feel themselves not
doing justice to Mr.. Barton did they not state
explicitly that they have seen and heard moth
ing in the course of this examination tending
in the slightest degree to implicate Mr.. Bar
ton as planning countenancing or even know
ing of the frauds proved to have been per-
petrated at said election in said Town of
huntsville.
Respectfully submitted
ORANGE WALKER,
JNo. B. OLIVIER,
ALLEN SHULTIs,
PETER WILKINS,
Committee on Elections.