Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-30

5000 Behind all the Rest of tho Ticket
The Tenth judicial District Vote Can
vassed In Sp .te of the Procedure Being
Illegal.
The board to canvass the vote cast at the late
State election for the different candidates for
the several offices to be filed, met at the Office
OF the secretary of state at the capitol yester-
day, and discharged the duty devolved upon
it. Under the law the board of canvass
consists of the secretary Of state, two Judges
of the supreme court and two judges of the
district court. As constituted yesterday the
board consisted Of Secretary of State Irgens,
Chief Justice Gilfllan, Associate Justice Berry,
J Judge A. d. Young, of the district court of
Hennepin county, and Judge 81. r. Brill of
the district court of Ramsey county.
The board was called to meet at lOA. H., but
1t was twenty-five minutes later before it was
ready to proceed to business. The proceed
lngs, though instituted to guard the most
sacred right of an American freeman, his bal
lot. are very simple. As conducted Yesterday,
the returns, in sealed packages, were opened
by Capt. jacobson. CON- missioner of statistics,
who passed the returns to the secretary of state,
who read the vote cast for each candidate in
the county. the vote being kept by two tally
clerks, that duty, yesterday, being performed
by Sam FL. Nichols, clerk of the supreme court,
sud Y. Hjortsburg. The four judges provided
for acting in semi-iudicial capacity to pass
upon disputed points, as, for instance, the
counting of vote cast for candidate with
wrong initial his name spelled wrong, or any
other question that might be raised.
At the outset of the meeting yesterday such
disputed point, and very important one,
was raised. but SO far as its settlement, the
1r6r ,S<vht ovyyo1l lo~r1
Pinafore performance at the Opera House.
PROTEST AGAINST GILMAN's ELIGIBILITY.
Before the board had come to order, Mr.. II.
F. Mssterson, an attorney of this city, placed
a legal-looking document in the hands of Sec
rotary ,Irgens:: Accompanying Mr.. Mastarson
at the time was Hon. Seagrave
Minneapolis, and Hon. G. II. Nash, also of
Minneapolis. AS soon as the board was or
ganized, which was done without any formali-
ty, 1.-THE legal-looking document was read by
Secretary lrgens. proving to be protest from
MIR. E. 2. Barnum, the Democratic candidate
the vote cast for his opponent, Hon. G. A.
Gilman: The grounds upon which this protest
was made is fully set forth in the document
which is in the following terms:
To the Board of State Canvassers of the State
of Minnesota:
GENTLEMEN:-I hereby notify you that
Charles A. Gilman, who was the candidate of
the Republican party for the Office of lieuten-
ant governor of this State at the general cleo
ton of November. 1879, and who was largely
voted for at said election for said office by the
electors OF this State, was, at the time
of said election. and is now, ineligible
and disqualified to. fill said Of
fee Of lieutenant governor for the
reason that he had previously been elected a
m m fhn urr,a 49, D..
legislature of the State, and the time for
which he was SO elected had not expired at
the time he was SO voted for for the office of
Lieutenant Governor, and has not yet expired.
and Will not expire until the 31st day of De-
oember, 1880. That the evidence of his said
election Is matter of record in the archives of
this State.
l therefore, being citizen of the State of
Minnesota, and the same person who received
. large number Of the votes of citizens of the
State of Minnesota for the Office of Lieutenant
Governor of said State, at
tho last election, do hereby
protest against your honorable board counting
cast Tor him as aforesaid for said Office of lieu
tenant governor. E. P. BARNUM.
By HENRY F. MAsrEnsoN,
sEAaRAvE SMITH,
His Attorney.
Dated Nov. Goth, 1879.
Upon concluding the reading of the protest,
Secretary Irgens read the law constitutinp
the canvassing board, from which be
advanced the opinion that the board
was simply empowered to canvass the votes
90 returned, and had no power to 60 behind
the returns, or in any way pass upon the le-
gality of any vote returned, or the eligibility
OF any candidate, such matters pertaining ex-
clusively to the judiciary.
Mr.. Masterson being permitted to address the
board, suggested that the question raised was
an important one. and ought to be definitely
settled. He was prepared to present and dis
cuss the grounds upon which the protest was
based, but as MIR. Gilman was represented, and
as it was understood he had secured Hon. G.
4. Davis to look after his interests if the issue
Should be raised, he thought it would be prop
er TO go on and canvass the votes where there
was no dispnte and give an opportunity for
Mr.. Davis to appear, and then have the argu-
ments presented. He claimed that the duties
of the board were not merely ministerial. but
partly Judicial. The foundation principle of the
protest here presented is that Mr.. Gilman.
under the constitution, is ineligible to the Of
all votes cast are void, just as much as thew
would have been had they been cast for citi-
zen or Illinois or an unnaturalized citizen.
we have no personal feeling in the matter. but
the minority party represented by this protest,
and large number of the majority party, be-
Ao'e 'uese Ii prluclpte involved here that
ought to be settled. For these reasons think
there ought to be full discussion of the issue
involved, and therefore the request made
At the conclusion of Mr.. Masterson's re-
marks, Judge Gilfllan suggested that the
board could 60 on and canvass the votes at the
present time, and that action could be had on
the protest at any time before declaring the re-
suit, II deemed advisable. This suggestion
was acceded to by the other men,
bers and the canvass commenced
but though Mr.. Maste1son was present several
times thereafter during the day, the matter of
the protest was not again alluded to during the
sitting, and the result at the conclusion was de-
clared and certified to, including the vote for
MIR. Gilman, just as if no protest had been
made A short time before the board con-
cluded its labors Mr.. Gilman put in an appear
ance, but he did not seem at all alarmed. for
after passing the compliments of the day he
wended his way elsewhere.
THE TENTH JUDICIAL DISTRICT.
Another question raised during the sitting,
and one which has attracted considerable atten.
ton. came up when the vote of Fillmore county
was reached, which contained the vote cast for
j. Q. Farmer and Sherman Page for Judge of
the Tenth judicial district. In recognizing
the law to fit the biennial meetings of the leg
lslature, the law makers failed to provide for
the canvass of votes cast for judicial officers,
leaving that duty with the legislature itself.
fhoro ia