Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1871-07-13

the manner in which the election was |
being there conducted. / was told
therF had been No illegal voting, and I
advised that there should be none, and
after depositing my own vote went
home and remained until about the
time the polls were being closed. Can
dor, however, compels me to say that
l believe my advice was not needed,
aad that there was . considerable
amount Of Illegal. voting, and general
ly9in the ssames fashion as had been
pfacticed atDodgeville. 81
No good citizen would have sane
toned or will now justify these viola
lions of the purity Of the ballot box.
But they do net vitiate the election,
and ought not to defeat it's lawful re-
suits, SO far as it was honestly con-
Quoted.
1t was notorious that there was IL
legal voting at both poles; at Mineral
Point in favor of the r. r. proposition,
and at Dodgeville against it.; but the
extent of it could not possibly have
been determined, even then, and it.
would have been still more difficult to
astertain six years afterwards when it
was attempted to be urged as defense
to suits on the bonds. And in this con-
nection, it 10 proper to advert to the
suggestive fact, stated in the certificate
of the canvassers, that the poll-list Civ
ing the names of the voters at Dodge
VILE was not returned, so that the
means of investigating the illegality of
the election at that poll did not exist,
and any investigation would have been
fruitless. 1t is therefore impossible to
say, after making all reasonable allow.
ance for illegal votes, that majority OF
the legal voters who voted upon the
question did not vote g. For the Rail.
road proposition. But this may be
faid to be matter of opinion, and my
opinion may not be correct. Whether
correct or not is not material to the
question under consideration; which is,
whether in legal investigation. with
the doors for the proof of fraud thrown
wide open; such legal evidence of un-
lawful voting could have been produc-
ed, as, so far to impeach the return Of
of the canvassers, as to show that there
was not a majority of legal votes for
the proposition. He is bold man who
will affirm that it could have been done.
I have disposed of all the speci6ca,
tions of Misrepresentation or fraud,
which are alleged to have preceded the
election, and it only remains for me to
consider the specification that the
OFFICIAL SIGNATURES OF THE CHAIRMAN
AND CLERK WERE OBTAINED BY DECEP-
TIoUS AND INFAMOUS INFLUENCES.
The Clerk of the Board of Super
visors was James B. Gray, worthy
citizen Of Mineral Point, who felt as
much interest in the Railroad as any
other citizen. He had voted for the
Railroad proposition, and was warmly
in favor of the issue of the bonds, and
there was no more necessity that he
should be "handled or manipulated T"
or that "deceptious or infamous infu-
ences'' of any kind should be used to
obtain his signature, than there would
have been to obtain mine, or John
Bracken's, or Farley E3ton's, or John
j. Ross or that of any R. r. Director.
John Messersmith, ESQ.,, was Char
man of the Board of Supervisors, and
was differently situated. He had pre-.
sided at the Dodgeville polls as chair.
man of the town board at the late cleo.
ton, and must have been cognizant of
the illegal voting there; and the R. r.
Directors thought 1t doubtful, from re.
ports they had heard, whether he would
sign the bonds. After the canvassers
had made, certified, signed and deposit
ed with the Clerk of the Board Ger
tlficate of the result of the election,
had an interview with the Chairman in
the office of the Clerk, who showed
him the certificate of the canvassers.
called his attention to the provision in
the 4th section of the law authorizing
the election, IN these words: "such GER
tificate shall be conc1usiue evidence of the
fact, as to the number of votes cast for
or against such proposition, and also
OF the fact that such election was yequ-
lorly held and conducted according to law."
Also to the 5th section of the law which
made it his duty to sign the bonds.
also inform ed him Of the reports l had
heard, and asked him TO inform me
what he intended to do. He told me
frankly that he had entertained doubts
as to what he ought to do, and that
many persons had attempted to per.
suade him not to sign the bonds on &C.
count of the illegal votes said to have
been cast at Mineral Point in favor of
the proposition, but that it now ap-
peared plain from examining the law
that he had no discretion, and that the
certificate Of the canvassers was "con
elusive evidence" that that the aelec.
tionwas regularly held and conducted
according to law" He said. however,
that he wished to take some further
advice upon the subject, and expressed
a strong wish to get the opinion of Hon.
Andrew G.. Miller. Judge of U. S.
Court, who he said came from the same
part Of Pennsylvania that he did
Gettysburg believe or Chambersbury.
was intending to have the bonds
printed IN Milwaukee, and so informed
him and wished him to see a proof sheet
before they were struck of. It was
therefore agreed between us that we
should meet in Milwaukee on certain
day in the early part of July, where
he could consult JUDGE Miller. and