The anti-monopolist., 1876-01-06

the Secretary Of State to furnish an ab
stract of the vote for Senator in the thir.
ty-eighth Senate district.
In reply to question from Senator
Macdonald, Senator Yale explained that
he understood Mr.. Durfee, who was here,
had received some 700 majority, as the
abstract would show, though Mr.. Thomp-
son had received the certificate Of cleo
tion because some of the counties did
not forward their returns. His
purpose was to prevent the delay ordinar-
not be justified in this case by any claim
that Mr.. Thompson had any other title to
the seat than his certificate. He thought
it was case which should be disposed OF
at once.
Senators Macdonald and Smith of
Ramsey thought Mr.. Yale's proposition
premature and that the case should take
the usual course. Mr.. Smith thought it
would be an error to follow Mr.. Yale S
plan, as explained, and throw the burden
Of proof upon the sitting instead of the
cOntesting member.
Senator Wilkinson, agreeing with the
Senator from Ramsey, would still vote
for the resolution as one simply of inQui.
~. The matter, however, should be set
tied in the legitimate way.
Senator Yale argued that the circum.
stances were right for setting up proper
precedent, which would apply hereafter,
possibly, to fraudulent Is we'll IS crrone-
Gus certificates. He held that the bur-
den of proof would not be changed --if his
.resolntion passed the burden 81 proof
would still rest hron the contestant.
1 Senator Macdonald was informed that
there was contestant who would present
his case, opposed the precedent sought to
Be established, by which the majority OF
the Senate might in some future case Be
unlawfully and without right determined
to suit a party exigency.
The resolution, after further discussion
by Senators K. Nelson. GilRllan, WiIkin.
son and Daniels, and with several expla.
nations Of votes-the general tenor being
that the resolution was regarded as mere
" Of inquiry and preliminary-was
adopted. 81 10 Z. Senator'S Macdonald
and Smith of Ramsey objected, in explA-
nation Of their votes, that the resolution
md statedAcnts on which twas psG iIScat-
% were inthe nature 81 prejudsius To con.
test
The usual resolutions for notifying the
House Of the Senate's organization, for
agreeing upon > time Of holding the Joint
convention for canvassing the votss for
State officers, and for joint committee
TO wait upon the Governor, were adopted.
The secretary was also authorized u pro-
cure the printing Of 200 copies Of the
daily journal.
Senator Graves moved the following,
which was adopted:
ResolVed, That the State Treasurer be re-
quested to furnish the Senate with . report in
detail OF the bonds purchased for permanent
investment sf state funds during the past
year, giving the dates Of each purchase, the
pricr paid, and whether the bonds were bought
nat Or with how much accrued interest
Senator Gra!ess4plsnsd that his pur,
pose in Offering {kc fesqt lion no. Tss 10
have the present Tressurer make de re-;
port; hs viht the sne BEST ipio.med@s t..
'oe:a:.: 49,, ...::. -:
Promptly at IL o'clock. Secretary OF
State Jennison called the House to order,
and appointed IS temporary clerk s. G.
Comstock Of Clay county, 70 whom Vas
handed the certificates Of the members
rs they appeared and were sworn.
The list Of members Was thea called
over and the oath Of Office administered By
Chief Justice Gilfillan to the Houston del.
egation, that being the first district, and
so on until the roll had been exhausted.
Messrs. Comstock, Of Clay. and Wait,
Of Todd, not having credentials were,
nevertheless, daily sworn in q there wss
no doubt Of thsir election. The same
difficulty existed IN the case Of Mr..
Kitchel, Of Chippswa, hut The secretary
expressed his willingness to give :
certificate under seal. Wereupon slr. Hall.
Of Renville, mesed that the gentleman
Be sworn in Some objection. heusvsr,
vas made snd ~ motion vas withdrew,
and - matter goes before the House lor
its aoeson.
Al psrsons holding credentials Who
had not bsen sworn were thsn invit4d -
cOme forward and take the DepsunaryE
oath, aftsr which the full list vas read
ovee.
A. the conclusion o. residing Of meus-
bsrs nr. Denny of Carver nominstse
Hon ". b Kenyon of Steele county ~
Speaker and Nr. Middleton nominateH
Hon. !. i. Morse Of Hennepim couN41.
The roll was then called, when N
Kenyon received 81 votes, Mr.
Morse 50 votes. and Hon. William CroC Sc.
nf Ramsey, one vote, being thst Of lfr.
Morse.
Mr. Kenyon Vas thereupon declare
1t -. -