Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-02-16

old law requiring the county clerks s
issue certificates to members of the Legisla-
ture is still in force. This view was con-
troverted by members of the committee,
whereupon Mr.. jerks said that if it was
not still in force, then the power to declare
the result of the election and issue certih-
cate reverts to the Governor, as the Supreme
Executive of the State.
The Republican members of the COM
mittee questioned Mr.. jerks as to the nee
essity of a canvass by the county clerks,
which did not effect anything, and could
not effect anything, to all of which ques-
tions Mr.. jerks answered that he could not
tell the reason for every Law, but could ONLY
cite it and give his opinion of its force and
effect.
A PECULIAR CIRCUMSTANCE.
Mr.. jerks stated that the members of the
Legislature had certificates of election from
the Government except the nine members
from Silver Bow county, Democrats and
5 Republicans, whose certificates were con-
tested. These nine certificates were found
in the Governors Office after he vacated,
unsigned.
Mr.. Saunders admitted that this was the
case, and withdrew his statement to the con-
trary, made earlier In the day. The Demo-
cratic members of the Legislature did not
use the certificates of the Governor, believ-
ing that the certificates of the county clerks
were the correct and legal ones, but the Re-
publicans used the Governors certificates in
effecting the organization of their House.
The registry list in precinct "a, Silver
Bow county, Mr.. jerks said. was made by
Republican and contained 1S2 names. That
list seems to have been made under the law
fulfilling all its requirements. The election
1ovr 10 - o. L.
tenn is very strict, and all its details were
carried out with the utmost strictness and
rigidity, as shown by the afidavits OF the
election officers.
ALL APPARENTLY STRAIGHT.
None of the official tickets were missing,
nor were any false ballots cast. The list
shows that 174 ballots were cast out of the
registry of 1S2 votes. Mr.. jerks said that
afidavits by the members of the Election
Board say that no one was excluded from
the count, except one who was drunk and
raising an uproar.
But even if the election officers did vio-
late the provisions of the election law, So as
to prevent the voters from expressing their
views, If throwing out the precinct would
result in changing the result, then the viola
ton is treated as of no force. The County
Board was not really a canvassing board,
and its refusal to count the votes from pre-
cinct "a was an assumption of power it did
not possess. 1t could only make an abstract
of the votes. A mandamus proceeding to
require the board to include the vote of pre-
cinct "a was had and the msndamus was
issued.
A DEMOCRATIC ARGUMENT.
So that, in the eye of the law, the only
certificate of votes from Silver Bow county
that went to the State Board, contained the
votes of precinct No. 81. II the acts of
usurpation of the State Board are rubbed
out, there is clean record.
In answer to questions by Senator EYarts,
Mr.. jerks stated that alter the ballot had
been deposited in the box, there exists
among election or calYassing 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 in
Quiry into the election of member, it could
pursue every voter to the last resort; but
that it would not be wise to exercise the
power after coming into contact with the
finding of a judicial tribunal that has juris-
diction. The committee then adjourned
till March /.