Los Angeles daily herald., 1890-02-16

roae III Inc Onlte0 States Senate lie
affirmed that there is, and that it is ir
favor of his clients.
second. Is there, or was there, Leg
islature to elect Senators? There was
ne said, and the certificate of the clerk
OF the commissioners OF Silver Bow
county is the only credential of the right
OF representation from that county to sit
therein.
Third. In whom is this prima facie
right existing? Jenks said it existed in
McGinnis and Clark. They have the
title, and they have the right back of the
title. from the people to represent the
State of Montana in the United States
Senate.
Upon the first point jerks quoted
from the statute Of July, 1865, to show
what constitutes prima facie right to a
seat in the Senate. The possession of a
certificate from the Governor, even
though it lacks the seal and countersign
OF the Secretary of State, fulflls the re-
quirements of the statute.
A colloquy here ensued, in which
several members of the committee and
jerks took part, concluding with the
statement by Chairman Hoar that it was
| his understanding that the possession of
the Governors certificate in itself gave
no force to the claim of a prima facie
| right.
| Senator Teller said the question before
the committee was not who has evidence
OF title or right, but to whom the title or
right really belongs.
AS to the legality of the Legislature,
jerks said the Legislature that met pur-
suant to the proclamation of the Gov
ernor was the only legal Legislature.
jerks argued that the new constitution
and ordinances of the State did not re-
peal the old Territorial law, under which
County Clerks certified to the election of
members of the Legislature. This being
the case he insisted that the Democratic
Legislature was the legal Legislature,
and the persons elected by it are the
rightful United States Senators. He ar
gued that under the new law the State
csnvassing board had the power to can
vass the vote and declare the result of
the election. As to the adoption of the
constitution, the old law requiring
County Clerks to issue certificates to
members of the Legislature is still in
force.
This view was coptroverted by mem
bers of the committee, whereupon jerks
said if it was not still in force, then the
power to declare the result of the cleo
ton and issue certificates reverts to the
Governor, ss the supreme representative
Of the State.
The Republican members of the com.
mittee questioned jerks as to the neces-
sity of canvass by the County Clerks,
which did not effect anything and could
not effect anything; to all of which ques-
tions jerks answered that he could not
tell the reason for every law; he could
only cite it and give his opinion of it's
force and effect.
jerks stated that all the members of
the Legislature had certificates of elec-
ton from the Governor, except the nine
members from Silver Bow county, four
Democrats and five Republicans, whose
seats were contested. These nine. .certifi.
Gates were found in the Governors
Office after he vacated, unsigned.
Saunders admitted that this was the
case, and withdrew his statement to the
contrary, made earlier in the day. The
Democratic members of the Legislature
did not use the certificates of the Cover
nor, believing the certificates of the
County Clerks were the correct and legal
ones, but the Republicans used the Gov
ernor's certificates in effecting the organ
ization of their House.
The registry list in Precinct "a, Silver
Bow county, jerks said, was made by
Republican and contained 1873 names.
That list seemed to have been made un-
der the law and filling all it's require
ments. The election law IA modification
of the Australian system) is very strict,
and all the details were carried out with
the utmost strictness and rigidity as
shown by the affidavits of the election
officers. None of the official tickets were
missing nor were any false ballots cast.
The list shows that ia ballots were cast
out of registry of 1873 votes.
jerks said affidavits by members OF
the election board say no one was ex-
cluded from the count, excepting one
man who was drunk and raising an up.
roar. But even if the election officers
did violate the provisions of the election
law, so as to prevent voters
from expressing their views, it
throwing out the precinct would
result in changing the result, then
the violation is treated as of no force.
The county board was not really a can
vassing board, and it's refusal to count
the votes from Precinct "a was an as
sumption of power it did not possess. 1t
could only make an abstract of the
voters. A mandamus proceeding to re-
quire the board to include the vote of
Precinct "a was had, and mandamus
issued 30 that, in the eye of the law
only the certificates Of the votes from Sill
|ver Bow county that went to the State
board contained the votes of Precinct a.
If the acts of usurpation of the State
board are rubbed out, there is a clean
record.
In answer to questions by Senator
Evarts, jerks stated that after the bal
lots had been deposited in the box there
existed among the election or canvass
ing boards no power, except to count
and tabulate the votes cast. And again,
as to the limit of the power of the Senate
in making an inquiry into the election OF
members, it could pursue every voter. to
the last resort, but it would not be wise
to exercise that power after coming into
contact with the finding of the judicial
tribunal that has Jurisdiction.
Adjourned till March lat.
The hiding Senators.
CHICAGO, February 15.-Messrs, Hoft-
man and McNamara, two OF Montana's g
Democratic Senators, were in the city to.
day. One went to st. Paul tonight and
the other to New York.