The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-01-13

q writ of mandamus 10 the case, and de-
nounced the action of President Holcombe
in recognizing the same. The report con-
eluded with resolution that the certificates
issued to Messrs. Holly and Wells were
prima facie evidence Of their membership,
and that they be allowed to take their seats.
Mr.COWAN presented the following mi
nority report. <
The minority of the committee appointed
under the following resolution, to wit:
Resolued, That q committee of three be ap.
pointed by the President of the Senate, to ex.
anime the certificates whereby Nessrs. H. w.
Holly and Reuben Wells, o. B. Bryant and I.
F. O'Farrell, of Fillmore county, respectively.
claim seats in this body, and to report as soon
as practicable, who are, by said certificates,
entitled to members.
Have attended to the duty assigned
them, and beg leave to submit the following
report:
The facts, as far as they appear from an
examination of the certificates, and the
authority by which they were issued, are
those: That on the 18th day of October,
A. D. 1858, an election was held in the
County of Fillmore, for the purpose, among
others, of electing two Senators to represent
that county in this body.
That on the 25th day of October, A. D.
1858, G. M. Colby, at that time County
Auditor, and the officer authorized by law
to canvass the votes of that county, and
to issue certificates of election to the persons
having the highest number of votes, did
issue certificates of election to the Office of
State Senators to Reuben Wells and H. w.
Holly.
That on the 4th day of January, 1859, on
the application of I. F. O'Farrell and o. B.
Bryant, who were, at the election aforesaid,
competitors of Reuben Wells and III. w.
Holly, for the Office of State Senators, from
Fillmore county, the Supreme Court of the
State issued writs of mandamus, directed to
H. D. Bristol. the successor in office of G.
NJ. Colby, commanding him to cause to be
issued and delivered to l. F. O'Farrell and
y. b. Bryant, certificates of election to the
Office of Senator of the State of Minnesota,
in and for the districts embraced within the
County of Fillmore.
That, in obedience to said writ, said Bris.
tol, on the 9th day of February, 1859, issued
certificates of election to I. F. O'Farrell and
o. B. Bryant.
Your committee have had some difficulty
in deciding upon the proper scope and
limits of their inquiry, under the resolution
prescribing their duty, whether they are to
examine the certificates themselves, rejecting
all other evidence, or whether they are 20
take into consideration facts of general
notoriety, and inquire into the manner of
issuing the certificates, END the authori-
ty by which they were issued. The result
OF the examination may turn upon the deci-
sion OF this question, if as strangers to all
the admitted facts, your committee should
contne its examination to the certificates
alone, its report in the matter must be very
meagre and unsatisfactory, and could scarcely
afford the Senate any information which it
does not now possess for instance the Ger
ti6cates afford US no information as to the
number of Senators to which Fillmore
county is entitled, yet in making this report
it would be ridiculous to ignore that in
formation. 1t seems, therefore, that such
an examination of the certificates as the
resolution contemplates, involves the recog-
milton of the undisputed, facts in the case,
and an inquiry into the manner of issuing
the certificates and the authority by which
they were issued.
The certificates Of Holly and Wells are
Identical in form, excepting the names of
the parties, each is as follows:
OFFICE OF CLERK OF THE BOARD OF
COUNTY SUPERVISOR, Oct. rs, 1858.
hereby certify that - was duly
elected State Senator at the general election
held in Fillmore County, Minnesota, on the
18th day of October, 1853.
[Seal of the Board of
Supervisors Of
Fillmore COunty.l
These certificates, while they are some
what informal, are nevertheless apparently
signed and sealed by the proper officer, and
while uncOntradicted are prinaa facie evil
dence of rights to seats in the Senate they
carry with them the presumption that the
officer who issued them did so in accordance
with law. They carry with them the pre-
sumption that the Clerk of the Board of
Supervisors received all the returns from
the election precincts in his county, that he
canvassed all the votes, and that he issued
these certificates to Holly and Wells as the
persons who, by such returns, had the high
est number of votes the Prescriptions in
favor of the validity of these certificates
remains until the contrary is shown.
1t remains then to inquire in what way
the contrary may be shown to the Senate
by O'Farrell and Bryant, whether it must
be by appeal to the Senate in the first in
stance, or whether there is another legal
mode of rebutting these prescriptions, and
of bringing the Senate to knowledge of
the fact that these prescriptions are over
come. The certificates of O'Farrell and
Bryant are identical, excepting the names
of the parties to whom issued. Each is as
follows:
STATE OF MINNESOTA, IS.
In pursuance of an order issued out of the
Supreme Court of said State, and commanding
me to issue certificate of election to - to
the Office of State Senator for said county,
hereby certify that at the general election,
held on the 18th day of October, A. D. 1853,
in and for said county, -, having received
the highest number of votes, was duly elected
State Senator for said county.
In testimony whereof have hereunto set my
hand and affixed the seal of my office this
9Th day of February, A. D. 1859.
lsEAL. II. D. BRISTOL,
County Auditor.
An examination of these certificates of
| O'Farrell and BRYANT for the nnrnose of