Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-02-16
Routine RepOl,t.

fanny introduced joint resolution rela-
ting to inter-Stat commerce.
Routine Report.
Senate met at 10 o'clock. Devotional exer-
cises by the chaplain Roll called and journal
approved.
BILLS INTRODUCED.
By Senator c. F. Buck-Amending the stat
utes relating to telegraph lines.
Section declares telegraph companies to be
common carriers and as such shall serve the
public without discrimination and at reason
able rates.
Section makes such companies liable for
the want of ordinary care, Notwithstanding
any notice or condition to the contrary.
Section requires messages to be promptly
delivered where the party to whom the mes,
sage is sent resides or does business within
one mile, or sent by next mail if the distance
is greater.
Section requires messages to be transmitted
in the order received, except in cases relating
to the administration of the criminal law.
Section Furnishes violation of the provis-
ions of this act by fine of 500, costs Of suit,
and actual damages.
By Senator Simmons-lo divide the town of
Two Rivers, Morrison county, into two towns.
Passed under suspended rules.
By Senator Tiffany-Joint resolution relat-
ing to Interstate commerce.
By Senator Manipulating to the running
at large of domestic animals in Franklin,
Wright county.
By Senator Wedge Relating to the public
schools in the village of Albert Lea, Freeborn
county.
By Senator c. D. Gilfllan-To provide for
the board to be known as the plat commission
of the county Of Ramsey.
CITIZENS RECEPTION.
A communication was received from R. w.
Johnson, H H. sibley, F. Willius and J. NJ
Gilman, committee on invitations, inviting the
members of the legislature to a reception to
be given by the citizens of st. Paul at the new
market house on the evening of the 22d of
February.
SENATE BILLS PASSED.
Appropriating $3.50 to pay Charles Butler
and the widow of j. II. Jones for filling and
grading the grounds of the normal school at
Winona.
Providing for the publication of reports on
geological and natural history of the State.
MEEKER COUNTY CONTESTED ELECTION.
The hour having arrived at which the report
of the committee on privileges and elections
was made the special order, Senator Morrison
sent the report of the committee to the presi-
dents desk, relative to the contested election
case of Kennedy against Campbell.
Senator Buck moved that before the reading
of the report the parties be heard by counsel
as to their right to have the entire evidence and
argument submitted and passed upon by the
Senate as a body.
George F. Potter, of Hampton, and Frank
Belfoy, of Litchfeld, appeared as counsel for
Mr.. Kennedy, and Walter G. Blaine, of st.
Paul, and S. A. Plumley, of Litchfeld, ap-
peared for the sitting Senator, Mr.. Campbell.
The contestant and respondent submitted
their testimony, which was very volumnous.
Senator Castle moved counsel be heard up
on the proper mode of procedure. Carried.
Mr.. Potter said he had argued the point
the committee, and he thought it was now
too late3 to have it avail anything, there
fore he did not wish to again argue it.
Mr.. Blaine made brief argument upon the
co Institutional right of the Senate to pass up
on the eligibility of its own members, and
held that the starting point should be the
finding of the committee.
Mr. Belfoy argued that the Senate were not
bound by the report of the committee on either
conclusions of law or fact
Mr.. Blaine rejoined saying that he had not
claimed to the contrary, but only that the
report of the committee be taken as the
starting point
Inc report OF the cOfnmttlee was tnen reau
as follows:
To the Honorable the Senate of Minnesota:
Your committee on elections to whom was
referred the matter of the contested election
case of V. P. Kennedy, as contestant claiming
to have been duly elected to this Senate on the
I'd of November, A. ID. 1880, as Senator from
the Thrty-fifth Senatorial district, instead OF
William NJ. Campbell, the sitting member, beg
leave to report that your committee have care
fully and fully examined all the evidence sub
mitted, and after arguments made by the re-
spective parties, have found the facts and con
illusions of law in regard to such matter as
follows:
FINDING OF FACT.
First-That by the official canvass of the
proper officers of the county of Meeker, being
the Thirty fifth Senatorial district, there were
cast for State Senator in said district on the I'd
day of November, 1880, 2,2S1 votes, of which
William L. Campbell received 9Sl votes; V. P.
Kennedy 964 votes; Y. II. Harris $50 votes.
Campbell's majority, II votes.
Second-That the prima facia majority of
II votes for VIM. Campbell over V. P. Ken
nedy for State Senator, as appears from the
official canvass aforesaid, is only changed by
the evidence by deducting one vote from the
number of votes officially declared to have
been cast for the said VIM NJ. Campbell, thus
leaving his true and official majority, as found
by your committee, sixteen votes over the con-
testant, V. p Kennedy.
CONCLUSION OF LAW
As conclusion of law, we find that the
contestant, v P Kennedy, is not entitled to
the office of State Senator in this Senate, for
the term commencing January 4th, A. D. 1881,