True Democrat., 1862-12-10

 | < For the information of those interested, we give below the reports of the majority and mi' noritv of the committee in the contested election case between Hons, J. P. Johnson and A. Il Garland:
 Majority Report of the Committee on
 Elections.
 The committee on elections to whom were referred the petition of J. r. Johnson, contest ing the seat of 4. II. Garland, and claiming to have been elected representative from the IhiId Congressional District of Arkansas, and certain other papers relating thereto, have had the same under consid eration and
 REPORT.
 When the evidence produced n support of the contestants claim was before the committed at the last session of Congress, 1t was found to be so conflicting and unsatisfactory as to ln- duce them to recommend the allowance ot fur ther time to the parties to prepare their res pectiye allegations and proofs. To this end, and with view of conforming proceedings to the provisions of the act of the Congress of the United States, in reference to contested cleo tions, they reported to the House a series oi resolutions as follows,
  to contestant to amend his notice if he so de sire.
 2yD. That the sitting member be allowed thirty days after such amendment is made, and notice thereof, or after notice of contestants de- clning to amend, in which to make and serve his answer thereto on contestant, setting out in said answer the grounds on which he rests the validity of his own, and denies the election of cont 3stant.
 3RD. That after service of the answer or ex- pirat0n of the time limited therefor, sixty days be allowed the parties to take evidence, which shall be confined to the allegations and deuials contained in the notice and answer, and that the same be taken and transmitted to the House under the rules prescribed by the act of the Congress of the United States, approved February l9 1851, entitled " An Aot to pre- scribe the mode Of obtaining evidence in cases of contested elections"
 The House concurred in the recommenda- ton and adopted the resolutions, thus prescrib ing the form of proceeding to be pursued in conducting the contest.
 Soon aficr this action on the part of the House, on the 9th day of April, contestant amended his notice and caused a copy to be delivered to the sitting member. The latter upon his return to Arkansas prepared his ans swer now fore the committee 3 copy of which he sent to the sheriff of DeSha county. the res> idence of Mr. Johnson. with instructions to de- liver the same to him. This was not done, and for his failure to do So the sheriff returned the paper with the following endorsements:
 Came to hand, April 27, 1862. s. C. CLAYTON, McriR. Not executed on account of Ji5on P. John son being absent from my county, May 27th 1862.
 s. C. CLAYTON, tSAer6.
 Further and additional evidence has been 0f- fsred before the committee by both partcs.- That of contestant consists i'll transcripts from the poll-books of the several precincts or places Of voting in Arkansas county, deposited in the county court clerks office by the judges of election, verified by the certificate Of the clerk and his official seal. These transcripts show an aggregate vote in that county of one hundred and thirty-three (l33) for contestant, and one hundred and ninety five (l95) for the sitting member, and an error in the returns made to the Governor the correction of which gives to contestant pularity of eight votes in the district
 The sitting mcmbor bas taken the depos- ton of ". E. Morgan, clerk of the county court of Union county, fer the purpose of showing q loss Of six votes to which he was entitled in that county. The deposition is taken without notice and the committee do'not hesitate to re- feet it. It's admission would not, however, change the result as dependent upon other evidence.
 In their examination of the case, the cenl- mittoee encounter a difficulty in the mode of autheGtcating the transcripts and the absence of proper certificates as 70 tie official charac> ter and attestatiors of the clerk. They do not pro.cs5 10 pursue the requirements of the act Of { in eff n ole embodied in the resolution of the House. By that aci the testimony of witnesses may he taken upon ten days notice before any Conlrd- crate Judge, Chancellor, Judge or Justice of Court of Record, of any State, or Mayor, Recorder or iatendaLt oi any town or city, and when no such officer reside in tAo Congressional District, before " any two Justices of the Peace" residing therein. The Magistrate or Justices are empowered " 10 require the production Of papers, and on the refusal or neglect of any person to produce and deliver up any paper or papers iii his possession pertaining ;o sad cleo ton, or to produce and deliver up certified or sworn copies Of the same in case they may be official papers, he shall be liable to certain reua,teis, aud t $ then declared that;
 All papers thus produced, and aii oeri.Jied 2 s;sors -a6,ss sJ c5friaj papers, shall be transmitted by said Magistrate with the testimo- ny CT WilDbSocS iD the t+'ih Gi tue IJOHoc Ol Representatives. --Brigtay's Dgcst, elections, ,scc. 2I.
 Nor do the transcripts comply with the re- quiremcnts of the act of tEe Congress of the Uai-ad States Of March r, 1901. This act provides that;
 All records and cxemrliGcations of office books, which are O. may he kept in any public office ofany State, not appertaiaing to a Court, shall be proved CT admitted in ary other Court or office in any other State, by the atestation of the keeper of the said records or books, and the seal of his office thereto annexed, if there be seal, t2Ge'lser ,gitt csrllfoats of tbe pre- sidiag Justice Of the Court of the county or dis trict, as the case may be- in which such office is or may be kept, CT of the Governor, the Sec retary .of State, the Chancellor or the keeper of the great seal of the State, that the said attes- tatian is in due form and by the proper officer; and the said certificate, if given hy the presiding Justice of court, shall be further authentica- ted by the Clerk or Proth0notary of the said Court who shall certify under his hand and the seal of his office. and the said presiding Justice is duly commissioned and qualified; or if the said certificate be given by the Governor, the Secretary of State, the Chancellor CT the keeper of the great seal, 1t shall be under the great seal of the State, in which the said certificate is made. BrighHyS Digest, Ectdeace See. 10.
 The transcripts have not been taken and transmitted according to the resolution of the House, nor de theT cam6 oiotned with the forms of authorization prescribed by the general