The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-02-16
The Democratic Side.

huo
Ex-Solicitor General jerks then begun
the case for the democratic claimants He
said there were three points or questions TO
be determined:
First, Is there prima facie right TO seats
In the United States senute2 lie affirmed
there is, and that il is in favor of his
clients.
Second, Is there, or was there legisla-
ture 10 elect senatorsp There was, he said,
and the certificate Of the clerk of the COM
mlssoners OF Silver Bow county Ia the only
credential of the right of representation
from that county to sit therein.
Third, In whom Is the prima facie right
existingr jerks said IL existed III MaRinnis
and Clark. They have the title and they
have the right back of title. from the peo-
pie 20 represent the state of Montana
IN the United States senate.
Upon the ilrst point jerks quoted from the
statute OF July, 1906 10 show what consti-
tutes priina tacie right TO a seat IN the
senate, the possession of a certificate from
the governor. Even thought lacks the seal
and countorsign of the secretary of state, II
fulflls the requirement Of the statute.
collOquy here ensued, in which several
members of the committee and jerks took
part. concluding with the statement by
Chairman Hoar that IL was his understand
ing that the possession of the governors
certificate, in itself, gave no force TO the
CLAIM of prima facie right. Senator Teller
said the question before the committee was
not who has evidence Of title or right, but
10 whom the title oi right really belongs.
As ~ the legality of the Legislature. Jenks
said the legislature that met pursuant 10
the proclamation of the governor was the
only legal legislature. jerks argued
that the new constitution and ordinance of
the state did not repeal the old territorial
law under which county clerks certified TO
the election of members Of the legislature;
this being the case. lie insisted that the
democratic Legislature was the legal legisla-
ture, aud the persons elected by IL are the
rightful United States senators. He argued
that under the new law the state cnnvassing
board had power TO canvass the vote and
declare the .esult of tho election As 10 the
adoption of the constitution; the old law
requiring county clerks 10 issue certificates
To members Of the legislature IL still IN
force.
This view was controyerted by members
Of the committee, whereupon jerks said If
II was not still in force. then the power to
declare the result of the election and 90 is-
sue certificates ruverts 10 the governor, as
the supreme executive of the state. The re-
publican members OF the committee ques-
tened jerks as Ia the necessity of u can
vass 10y county clerks. which did not elect
anything, 10 all of which questions Jenks
answered he could not tell the reason for
every law, he could only cite II and give his
opinion of ith force and effect. jerks
stated that all the members of the legisla-
turc hnd certificates OF election from the
governor, except nine members from Silver
Bow county-iour democrats and five re-
publicans-whOse seats were contested.
These nine certificates were found IN the
governors Office after lac had vacated, un-
signed.
Sanders admitted this was the case, and
withdrew his statement 10 the contrary,
made earlier IN the day. The democratic
members of the legislature did not us0 the
certificates OF the governor, believing the
certificates of county clerks were the cor
Rect and legal ones. But the republicans
used the governors certificates IN eiecting
an organization of their house.
The registry list IN precinct 81, Silver
Bow county, jerks said. was made by "A re-
publican and contained ls3 names. That
list seems 10 have been made under law
filling all the requirements ol the election
law Ia modification of the Australian sys-
teml: II WINS very strict, and all the details
were carried out with the utmost stIictness
aud rigidiiy as shown by the niiidayits of
the election officers. None Of the official
tickets were missing, nor were any false
ballots cast. The list shows la ballots
were cast out OF II registry of
lSi votes. Jcnks said aiiidayits by
members of the election board say no one
WIS excluded from the count, except one
man who was drunk and rnising an uproar.
But even If the election officers did violate
the provisions of the election law 50 an 10
prevent the voters from expressing their
views. by throwing out the precinct which
would result in changing the result, then
the violation II treated AS OF no force. The
county board was not really a canyassing
board and its refusal 10 count the votes
from precinct ~ was IN assumption of
power il did not possess. Ii could only
make nm abstract OF tie votes. man.
damus proceeding 10 require tho board 20
include the vote Of precinct "a WAS bud, and
n ulandAinua issued, so TINT IN the eyes ut
the law the only certificate Of votes from
Silver Bow county that went 10 the stat
bourd contained the votes Of precinct ~.
II the acts of usurpation of the state board
ara ruled out, there Is n clean record.
In nnewer toa question by SenntoT Eynrts,
Jenls stated that after ballot had been
deposited IN the box, there exists among
election or canynssing boards no power e1-
ccpt ~ count and tubulate the votes cilst;
and again as 10 the limit of the power Of the
senate IN making an inquiry into the cleo
ti0n of member, ~ could pursue every
voter 10 the last resort, but IL would not DO
wise 10 exercise the power after coming in
contact with the finding of a judicial tribu-
mi that has jurisdiction.
The committed then adjourned till March