The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-07-19

: case Is quite Qluere0t. LII JuSIlce !
them the proceedings in congress i
regard to Mr.. Botkin's contest fo
Major Maginnis' seat should be mad
as public as possible, that tho worl
may know their entire innocence Q
the crimes theoretically charged b.
partisan journals, and to the en-
that 1T may also learn that election
in Montana are conducted honestl.
and with q proper regard for tn
rights Of all concerned. Therefore
The MINER takes pleasure ii
giving space to the follow
ing proceedings in congress
in relation to the contested election
case OF Botkin %. Ma9innis. 1t ma,
be stated here that Nj. Ranney is
Republican and that two other Re
publicans were on the same com
mittee 20 which the case was re
ferred.
The SPEAKER. The regular Ordel
is demanded. The regular order il
the consideration of the contested
election case reported by the gentle.
man from Massachusetts (MR. RAN
NhY.1
The report is as follows: ~
Mr.. Ranney, from the committee
on elections, submitted the following
report:
Martin Maginnis and A.. c. Bot.
kin. respectively the candidates Of
the Democratic and Republican
parties for member Of the Forty.
Eighth Congress in Montana Terri.
tory.
In a total vate of 1918, Mr. agin.
mis- was declared by the proper au-
thorities to nave been elected by q
majority of !, 484 votes.
Mi. B0tkin cOntestlDg, in his no
tice of grounds of contest. says:
NOTICE OF CONTEST.
HELENA, MONT, Dec. 30, 1882.
SIR: You will please take notice
that 1 will contest your e.ecti0n and
return as delegate to the Forty
Eighth Congress for the Territory of
M"nrana. The grounds upon which
1 rely in said Coz test are as follows:
l. That a large number Of illegal
and fraudulent votes, to wit. three
thousand $4,000 were cast, c,unted.
and %canvassed for you in the counties
of Custer. Dawson, and Missoula, in
said Territory.
2 That polling places were estab-
lished in the counties of Custer, Daw-
son and Missoula aforesaid without
authority of law, and in vic lation of
the statutes OF Montana Territory, at
which polling places q large number
of votes, to wit, two thousand (2,OOO)
were Cast counted AID canvassed for
you.
8. That the precinct or polling
place designated as Cross River, and
alleged in the return to be in Gala
Tin county, in said Territory, was
situate upon an Indian reservation.
to wit upon the reserve for the Grow
Indians, at which said precinct or
polling place 295 votes were cast,
counted and canvassed for you, and
70 for this contestant.
4. That in the counties of Custer
Gallatin and Missoula men EN-.
pl0yed in the construction of the
Northern Pacific railroad were CO.
creed to vote for you by intimidation
and threats of discharge from con-
tractors, sub>c0ntractors and other
employees.
5. That the votes cast in the sev-
eral counties Of the said Territory
were not counted, returned and can
vassed in accordance with law.
Very respectfully,
ALEXANDER G. BOTKIN.
Hon. Martin Maginnis.
The committee are OF the opinion
that there Is such . want Of pa-ticu-
in all of the assignments save
the third that they might we'll be dis !
regarded. But, waving the question 1
Of particularly, the committee con-
that the polling places estab-
li~hed In the counties of Custer, Daw-
and Missoula we've not without
authority of law. We regard the
prescribing that precincts
shall be established at the regular
meeting Immediately preceding the
general election to be directory rather
han mandatory in its character
And following the familiar rule in
such cases, we do not hesitate to say
hat their designation at another
lime, in the interests of q free and !
ballot, was such IN exer-
Use of power as the commissioners
we'll indulge in. However this
nay be, the committee do not find
hat there was any wrong or injury
lone, or that there was any fraud in
he matter.
Here follows the fifth and four
zenith sections of the Montana eleo-
ion law. which defines the duties of
Commissioner in appointing
Judges of elections and prescribes the
qualifications OF electors. The report
hen proceeds:
There Is some proof tending to
how that ''soldiers" voted in this
In the opinion of witnesses
hese soldiers" were from forty to
ne hundred and fifty in number.
We do not feel that we are justified
4 presuming that because the con
estant and his witnesses have seen
t to designate these persons a.
oldlers that they are therefore neces-
arily incompetent as electors.
In his description of them, and Of
heir qualifications a. electors, con- {
slant has %contented himself with s
lying they were soldiers There is .
0 evidence that they were not resi-. :
snts of the Territory; that they I
Id not been residents Of the Terri ]
~ long prior to any enlistment in /
70 United States service prOpo. 6
lion bv no means clear In the li9ht s
the proofs. But If 1t Is admitted q