Daily globe., 1882-09-28

afidavits questioning the validity of the
petitions.
Mr.. Gordan briefly re-argued the point
he raised the day before that he should not
be called upon to present the affidavits until
the other side had finished their testimony
Col. johnson retorted the governor had
already settled this point against you, and
that we had the right to hear the afndavits.
don't think they have any place here, but
as it has been decided to admit them, the
sooner their contents of which the coun-
sci speaks with such an air Of impor-
tance-is made known the better. 1
don't imagine that they will have any
bearing in settling the question, but let Us
have them.
The governor again said that the afida-
Wits must be presented if demanded.
Col. Johnson now protest against the
introduction of the affidavits, as contrary
to all precedents, in violation of the intent
of the law, and as calculated
to work great injustice in
similar cases in the future.
Gov. Hubb ard-Having called for the
affdavits, don't see how you can now pro
test.
Col. Johnson-All right My protest
was simply made for the future, and with
no reference to this case. 1 simply want
it understood that we on this side do not
believe that affidavits of the supposed char
acter of these have any place in
proceedings OF this character
THE THUNDERBoLTs (?) LAUNCHED.
Previous to reading the affidavits, Mr.
Gordon said he desired to state briefly his
view of the law governing the matter.
Fl rst, he desired to state that he did not
appear in the case as the friend of Mr..
Nelson at all, but, at the request OF the
Republican central committee of the
Fifth district (the Nelson committee whose
protest I now hand your excellency. (The
protest set forth in briefer and more coz
else terms the objections already advanced
by Mr.. Gordon in their behalf to the Gre
alton of the proposed districts.)
Returning to the legal points, Mr.. Cor
don said: In the first place the petitions
areno authority for executive action for the
reason they are unverifed and contain
nothing to establish their genuineness.
G. G. Hartley, interrupting The petit
TONERS assert that they are legal voters in
the district sought to be established.
Gordon-And [ might assert that they
are not, and both assertions would stand on
the same footing. The fact, however,
stands that the petitions are unver-
flied and that the governor
has nothing before him upon which to act.
A further objection is found in the fact
that the petitions were presented
too late to allow of action upon them IN
der the law. The law, while crude in its
working must be construed with regard
to the general election laws, and
a fair construction of the
section providing for the creation of cleo
ton precincts in unorganized counties, con
templates their establishment at least sixty
days before the date of the election. /
understand a predecessor in the Office
created such district only one day before
the election, but that is no precedent TO
govern your excellency, it being the duty Of
every executive to administer the law as he
understands it. and not as some one else
understood it,
THE PIVOTAL POINT.
Continuing, Mr.. Gordon said there was
no use in being mealy mouthed in this
matter. A bitter political contest is rag
ing in the Fifth district-the bitterest ever
seen in Minnesota-and the
friends of Nelson, and am one, a parti-
san if you like that better, and we look
upon the decision in this matter as the
very pivotal point in the election, that
was to decide whether Nelson or Kindred
was to go to congress from this district.
From the anxiety shown by the parti-
sans of Kindred to have
these precincts established, it
was evident they thought they had the
bulge on the Nelson men, and expected by
stutfing the ballot boxes to overcome the
honest voters in other parts of the district.
Coming back to the affidavits Mr.. Cor
don said he himself knew nothing of the
county from personal observation, having
never been north of the Northern
Pacific railroad, but in Minneapolis were
a large number of citizens engaged in lum-
bering operations in that locality, and
were well qualified from personal observa-
ton to speak of the residents, and he pro-
ceeded to read their afidavits. There
were five distinct documents, all lengthy,
to one of which were the sigma
lures of seven other parties endorsing the
statements of the affiant. The first read
was that of
ALBERT T. HUTCHER.
He was caught in st. Paul Tuesday by
Mr.. Gordon, and was seduced into making