Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-03-25

constitutional Conventional, and the pro-
| visions Oh the old territorial laws. the ma
Jority conclude that the territorial law pro-
viding that the county clerk shall issue
certlhcates OF election TO representatives in
the Legislature was superseded by the ordi-
nance OF the Constitutional Convention
which imposed that duty upon tina State
board OF Canvassers. and held that Bray
| ana his four associates who went to Iron
Hall with the certificates OF the State Board
were duly. elected from Silver Bow and had
the lawful crcdentials.r
Upon the question Of o quorum. whlsh
has been raised in connection with the
case, the committee here say:
IL will appear that IL Ia unnecessary 10 de-
eide this question for tho purposes Of the nrea.
ont case. We believe. for reasons hereafter
stated, that the certificates Of the state Board
declared tho true Will and choice OF tho peoplo
"a expressed by majority Of votes actually ana
lawfully cast We think the credentials OF the
I'VE hepubllcsn inomoers from silver Bow are
/ fully supported by the facts of tho election az
/ they are disclosed 20 us by adnissions Of both
sdos and by undisputcd aud uncontrolled evil
dcnco taken IN the judicial proceedings In Mon
tana ana ia'o before Us by Clark and Maglnuis."
The whole inquiry turns upon the hon.
osty and fairness u the election at Pre-
/ cinct "a, Silver Bow county. The majority
conclude that the State Board OF Can
vassers did their duty as reqnired by law
1 IN throwing out that precinct.
Mr.. Gray presented the report of the
minority, which, like that Of the majority.
Is very lengthy document. The minority
report sets forth the real state Of facts TO
be as follows:
Iha! the true Legislature Of Montana consists
OF the senate ana House. which met at the court
house In Helena; that eight OF tho senators and
twenty members OF the House Of Repre-
sehtAiiyos thereof hold Joint convention for tho
~ Ian Of |FstF
majority Of eli members elected to tho Legsla-
fuTo Appeared and acted On tho 7th dry OF Jantl-
airy, lS90. The mombers OF this convention chose
hossrs. CLARKE aud MnginHis 10 be United states
senators from the State Of Montana and the Cow
ernor, who recognized both the House and sem
ate which composed this Joint convention, certi-
bed regularly and In due form that these two
gentlemen were chosen as senators by tie Legis-
lature OF the State. Tho adverse claimants,
hessrs, Saunders ana Power. pretend 20 have
been elected by joint convention nod In what
was known as Iron Hall on the LIST day Of Jan
uary, 1880. But neither the House nor the men,
bers thereof which acted in this joint convention
Werc ever recognized by the Governor. nor was
their pretended election as senators ever certi-
ned 70 by mat officer. Tho evidence proves alaO
mat I've persons who acted as memDers Of the
House Of Representatives In the Iron-iial con-
ycntiOn were not elected by the people IN Silver
Bow county. whom they claimed 10 represent "a
membors OF tho House Ihoy only had cor
tincAtes Of election. Five persons really elected
by the people Of Silver Bow county holding cor
Legislature which mot AT the courthouse. The
United states Senate. IN such cases where the
Legislature has not determined for itself who
are members OF the body a. 10 the soats that
arc questioned, has always passed over any
mere question Of certificates and ascertainci
who Wore actually elected. This was done IN
The Sykes Spcnder case from the State Of
Alabama There IL no trouble deciding in
this case that the representatives from Silver
Bow county who voted for Messrs. Clarke and
NaCinnis were actually elected by the people.
The returns from the whole comfy made by the
Clerk under the law on the 81 Of October, 1872,
Iui made by the Canvass'ng Board aud the
CLERK ON tho 7h Of November. 1889. BON show
very clearly that these persons were elected. aud
that the i've persons who acted IN Iron Hall ~
representatives were not elected by the people
OF silver Bow county. he Territorial Board Of
CauVsssers on the Ath day Of NOvelnber. 1889,
Issued certificates 70 i've persons not elected by
throwing out the vote ~ Precinct No IS IN said
county, which had given q large majority 10 tho
Democratic candidates for representatives who
voted for Mc-srs. Clark and MaRiDHiA This act
was done vi .hOut any right or authority on their
part 20 do the same They hal the fun returns
Of the true vote ot that county Doiore them.
Without any cause or reason whatever This
board, being wholly Republican and anxious to
ferye their parry IN what they thought was
great emergency. refused 60 count or canvass
the real vO,c OF the people OF silver Bow county
nnl certified 10 the election Of five persons not
chosen by the people, In the hope and with tho
expectation that those spurious representatives
might I'm some way vote for partl5ans OF their
own political faith % candidates Tor the United
states Senate.
The majority report was signed by all
the Republicans on the committee and the
minority report by all the Democratic
members. including Mr.. Iurpie, who was
reported 20 have declared his intention of
making a report recommending that the
case be referred back to the people Of
Montana for settlement.