The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-09-07

Helena, N. T., September LIST.
BOTkIy TO MAGINSIs.

Hon. Martin Mdginnis !
SIR have the honor TO acknowledge the
| receipt of your favor Of the LIST inst. Ii IL
| had been intended only as a notice TO Inc
that you did not intend to take any further
testimony, that purpose would have been
fully accomplished when you delivered the
communication TO me In person; but as
your real object was TO place before the PEG
pie an untruLhful statement of facts, am
not surprise to find it published in the In
dependent Of the I'd inst.
You spoke Of having, as all act of maguii-
cent condescension, accepted service OF my
notice Of contest. You did nothing of the
kind; the service was proved by he aifida.
Wit of an officer of the District of Columbia.
You say that you extended the time for TAX
ing testimony at my "request." 1t was my
suggestion that it might be more convenient
for you to postpone the taking of testimony
until after the adjournment of Congress, and
you very promptly, and supposed grateful
ly, co'ncided.
You seek TO make IL appear that you have
not taken, and you advise me that you will
not take, any testimony on your behalf. As
to the first part Of this proposition i. Is un-
true; You have taken testimony IN your own
behalf within the time allowed TO me by law
and by the courtesy that / cheerfully ex
tended to your attorney, who Is all honora-
BILE gentleman. regret that you will not
permit me TO say this of his client. 1t was
You who repudiated his stipulation that the
time occupied In taking depositions for you
should not count against the forty days al
lowed TO me by law. This would be incon-
ceivable baseness If 1t were not for one fact
which feel II my duty TO mention.
The laws of Montana make the U. S. Mar
st ~ ha ri cf fTarri al n
ers. That the Legislative Assembly of this
Territory can impose duties on federal of
fcer Is proposition too preposterous to be
entertained; nevertheless, by grace, have
three times made The canvass by which you
have taken your seat. When the last can
vass approached, / announced TO your friends
that III the service could be performed by
deputy. would let you or DIR. Mitchell,
Chairman of the Democratic Territorial
Committee, designate a man, and l would
appoint him Deputy for that purpose. 1t
was decided by Gov. Potts, whose friendship
for you will scarcely be questioned, that
must perform the service In person. was
In Deer Lodge In attendance upon court
when the last return was received, and
moreover was Frustrated by illness. Never.
theless made the trip over the main range
of the Rocky Mountains In mid-winter, ar
irving In q condition of physical suffering
that made the attendance of physician nee
essary all night. On the following day, |
assisted at the count, and while some of the
returns were very irregular in form, and
fraudulent In fact, recognized the delicacy
Of my position as the opposing candidate and
insisted that every return on which you had
q majority should be counted. Under these
circumstances, and under an explicit reser-
walton, signed your certificate. IL gives
one new view OF the depths of human ca
pacity for meanness TO know that you set up
the certificate that signed under such cir
cumstances as q bar to my contest.
One extract from your communication
should be given &C length:
eThe United States and Territorial Dis
trict Attorneys were active In The prosecu-
ton of their duties, your Deputy Marshals
and special agents of the Department of JUS
tice were actively endeavring (sicl to work
up some case in your interest, and the result |
Of IL all was that not one single voter out Of
the 2,39s who voted for me was convicted |
or even indicted for illegal voting and no
election officer impeached. On the contra
ry, the only Indictment for Illegal voting |
found was against Riel, who managed the |
British (sic) half-breeds In your interest" |
Major, the above passage 10 more shameful |
In Its mendacity than in Its orthography. |
Waving some other points, do not know |
that any man named Riei has been indicted |
for illegal voting. do know that at least |
two Of your most active supporters are now |
under Indictment for unlawful practices In |
connection with the election. But what |
grand juries have done, or what they may do, |
does not seem to be ut issue In this contest. |
The real reason, Major, why you have de- |
termined not to take any further testimony |
Is that you could find no testimony TO take. |
You and your Democratic friends have raked /
the Territory over; you have called into con- |!
sultation leading Democrats from nearly |
every county, and You have not been able TO /
counted for me.
taken In accordance with law. aud now in /
resentatives, proving that of the votes cam
vassed for ynn over two thousand were I'M
lawful and fraudulent. 4
You build with great confidence, and
probably with deserved confidence, upon
your jury, viz: the Democratic msiofity of /
the House OF Representatives. But there Il
another jury-the people Of Montana. That /
the case may be fairly tried beflre them, / |
invite you 70 appear before apublic audienre
ct any time and place that yon may desig-
nate and discuss the question whether ron
were or were not chosen by the lawful voters
OF Montana n DELEGATE IN the Forty eighth
Congress; In other wosds. whether. when
ron take your seat In The House. ypu are or /
are moi receiver OF stolen goods.
Very respectfully.
Af.Ex. G. BoTKIS.