The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-03-25
THE MONTANA Cases.
Majority and Minority Reports in
the Senatorial Contest.
PECULIAR CIRCUMSTANCES

County was Fraudulcnt-.ltcpubii.
can Senators will be Scatcd..Dc.
bate on tho Antitrust Bill,
WASHINGTON, March 2i.-Tho repor
oil the majority OF tho Senate Committee
on Privileges and Elections upon tn
Montana election case was submitte,
to-day by Mr.. uoar. The majority 70
port gives Mt tho outset the circum
stances surrounding the election o
MessrB. Saunders and Powers by the
Iron Hall, or Republican Legislature
composed Of one.half the members O
the Senate aud tho Republican, repre-
son.a.ives claiming to be elected; and O.
Messrs. Mapinnis and Clark by the
Court House Legislature, composed o.
half OF the Senate and Demo.
cratic representatives claiming to be
elected. None Of their Senators had
their election called In question, but
there were two seta OF five represents
,ives from Silver Bow county claiming
to DO elected. Ono ol these sets, elected
with twenty-five other Republicans and
nix Senators voting for Saunder and
Power; the other set, with twenty.four
other Democrats and eight Senators,
voted for Maginnis and Clark. Tho case
therefore turned upon tho question
which OF these two sets OF five pcrsons
was entitled to sit in the House OF Rep.
resen,ativcs from Silver Bow county. 1t
is not claimed that there was any adju.
cation OF the House itself affirming or
denying such title. To determine this
question, the report says, the Commit.
tee have been lead to consider three
others, which, in their judgment, dis.
poses oi tho whole case. NJ
|. Which Of the two sets or groups
Of five members claiming to sit for the
county. OF Silver Bow had credentials
from The officer OF the board entitled TO
canvass the vote and declare the re-
sult?
=. II one group OF five had the lawful
credentials, but the other group were In
fact elected, which was legally entitled
to sit in the House ut its original organi.
zation and take part in all subsequent
proceedings until the llouse itself had
adjudicatcd their title, there being in
existence two bodies, each claiming to
be the true House?
3. Is there evidence which warrants
the Senate in finding that the persons
who had the credentials Were not in
fact duly elected?
TIE CONCLUSIONS.
AS to the first question-which had
the lawful credentials-the committee
show that A. F. Bray, P. =. Dolman, F.
II. Hoffman, J. II. Menteath and Will.
IAN Thompson presented credentials
from the State Canvassing Board their
right to sit rs members from Silver Bow
county; they took part in the organiza-
ton in the Iron Hall Tor Republican,
House OF Representatives and remained
members OF that body until after Messrs.
Sanders and Power were elected Sena.
tors. Thomas +. Courtney, A. II. Day,
A. NJ. Dussealt, Job w. Gilligan and
Joseph Hogan held certificates Of cleo
ton from the clerk OF Silver Bow coun-
ty, took part in the organization Of the
Court House Tor Democratic) House Of
Representatives and remained members
until after the election OF Nlessrs. Magin-
mis- and Clark.
Alter reviewing antccedent legislation
upon the subject Of the election inClud-
ing the enabling act OF Congress, the
ordinances passed by the constitutional
convention, and the provisions OF the
old territorial laws, the majority con.
clude that the territorial law providing
that the county clerk shall issue certii.
Gates OF election to representatives in
the Legislature, WAS superseded by the
ordinance OF the constitutional conven-
tion, which imposed that duty upon the
State Boald OF Canvassers, and hold
that "Bray and his four associates who
went TO the Iron Hall with the certifi-
Gates OF the State Board that they were
duly elected from Silver Bow, had the
lawful credentials" y
THE QUORUM QUESTION. .u
Upon the question Of quorum, which
has been raised in connection with the
case, the committee here say: "It will
here appear that it is unnecessary to de-
eide this question for the purposes OF
the present case. We believe, for reasons
hereafter stated, that the certificates o.
the State Board declared the true will
and choice OF the people, as expressed
by a majority OF the votes actually and
lawfully cast. But, MS tho matter has
been discussed, it is proper to say that
We nre unable to see any distinction III
principle between the cause Of person
claiming title to Il seat in an Assembly
whose title is disputed by some other
body, and IN assembly whose character
is nndisputed. d.
But we think the credentials OF the
five Republican members from Silver
Bow are fully supported by the facts OF
the election, as they are disclosed to us
by the admissions OF both sides aud by
the undisputed and uncontrolled evi
asnce taken il judicial proceedings
taken in Montana and laid before us by
Messrs. Clark anl Nlaginnis." "''''i"" -
The whole inquiry turns upon the
honesty und fairness OF tho selection al
Precinct ,34, Silver Bow. county. The
proceedings in relation to the canvassinl
Of the returns Of thatprecinct, camp or
the line OF the Butte & Gallatin road, IN
process OF construction, are set forth il
detail, from which the minority conclude
that the State Board OF Canvassers did
their duty as required by law. But they
also think that the election held at Pre-
cinct ~, was in fact irregular, illegal ant
fraudulent, and that this appears from
the records and from the undisputet
facts furnished by Messrs. Maglnnis ant
Clmk. Tic whole history shows
the majority say, that the pro
cecdiug at Precinct SO had NJ
relation whatever to the real will Q
duly qualified voters, but was hctl
tous, pretended and without validity
either in form or substance. VI
EVIDENCE OF DEMOCRATIC FRAUD.
The copy Of the roll list before th
Committee shows that the ia voters Q
precinct 81 voted in alphabetical order
This seems to tke majority concluslv
evidence that the whole proceeding wa
manufactured uWe hive also," til