Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-03-26
OUR SENATORS.
The Senate Committee Report
Favorably on the Seating of
Sanders and Power.
Death of Gen'l Schenck at an
Advanced Age-The Steele
Court Martial.

MONTANAy SENATORS.
Report OF the Committee in Favor Of San.
ders and Power.
WASHINGTON. March 24.-The re-
port Of the msjority of the senate COM
mittee on privilege, and elections upon
the Montana senatorial case was TO-
day submitted to the senate by Hoar.
The majority report gives at the out
set the circumstances surrounding the
election of Sanders and Power by the
republican legislature and Msginni-
and Clark by the court house legisla.
tnre. This double choice arose from
the fact that the state senate Is equally
divided and both sides claimed q
majority In the house by reason Of two
sets Of representatives Of five each.
claiming election from Silver Bow
county. It says the case turned upon
the question of which Of these two
sets was entitled TO seats rs rspresen-
tatives from Silver Bow county. The
committee finds that the republicans
from Silver Bow presented credentials
from the stste can wasting board. the
democrats from the clerk Of Silver
Bow. After reviewing antecedeni
legislation upon the subject Of elec-
tiops. including the enabling act Of
congress, the ordinances passed by the
constitutional convention and the pre-.
visions of the old territorial laws, the
majority conclude that the territorial
law, providing that the county CLERK
shall issue certificates of election to
members Of the Legislature. VA super
seded by the ordinance Of the c,nsti.
tutiopal convention, which imposed
that duty upon the state board Of cam
vassen. and hold that the republicans
were the ones who bore the lawful
credentials. The whole INQUIRY turns
upon the honesty and fairness Of the
election at Precinct "a. Silver Bow
county. The majority think the elsc-
tion held ct Precinct "a was In fact
irregular, illegal and fraudulent, and
that this appears from the records and
from undisputed facts furnished by
Maginnis and Clark. The history
shows, the majority says, that the
proceedings at Precinct "a had No re-
lsticn whatever to the real will Of the
voters, bat was fictitious. pretended.
and without validity either In form or
substance. These conclusions are
drawn by the committee from the fact
that the votes there were all cast in
alphabetical order, the onesidedne.s Of
the result In that precinct, etc. The
majority further cay the canvass Of
votes In that precinct WAS not within
the meaning Of the Law; that forty.
eight unuaturAlized aliens voted at
preclnct "a; and l25 such persons at
Precinct 26-or more than enough 70
have changed the result 10 all the dis
puted cases, even " all the republican
votes cast at these precincts were cost
by those uunaturalised aliens. The
majority In conclusion declined to entar.
tain the proposition that. because the
governor failed 10 recognize the repub.
licsn legislature, IL was not legally
constituted. They hold this - unten-
able; hey also declare there is no au-
thtrity In congress to remand the
matter back to the people Of Montana.
Hence the conclusion reached is that
Sanders and Power are entitled to
their seats.