The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-16


and that his vote could not he vitiatesl
suhscsluently. Passing to the basis of the
right Of mc,nber. Of the legislature which
for United States senator, Paine stated
that under the constitution Of the state the
Constituted a returning board with
sole power to issue certificates Of
election to mcmi,er. OF the legislature.
Certificates of election ny county clerks
were not provided for in any way, nor are
they of any force. Colonel Paine said
territorial law, which made the certifi.
Gates of county clerks prina facia evil
.iencc of the right Of members Of the ie.is-
that the senate which elected the pre-i-
dent pro tenn d. cember ID, 1ss9 and the
hou.c which orRan,.ed necem'cr S', isss'.
ed senators and reprs,ss.ntstiy es. and they
composed the constitutional lcvislature of
membership of the Legislature so consti-
tutetl before the first and second days of
January. when Sansisr- aud Power were
prinia facie right for seats i'm the. senate.
In conclusion Colonel Paine said 10 the
committee would find from that source as
well that Sanders and Power are legally
and rightfully elected senators from Nom
tana.
Sanders submitted tn the committee in
behalf of himself and colleague, n state
ment which will b. included in the record.
Ii il to the effect that many illegal votes
werv, east i'm Silver How county for demo-
cratic candidates. and that the election
officers failed to comply with the law i'm
precinct - of that county,
Ex-Solicitor General jerks then tegan
the case FOR the democratic claimants.
He said there were three points ON the
questions to he sictcrmincsi: LISTS there
priina facie right to seat Ira United States
ssnais ,sn, i j., s sxr "s I'm mat s,nr s and
there, ar was there n Legislature to elect
senators? There was, he said, and the
certificate Of the clerk Of commissioners
of Silver bow county is the only crsslen-
tial of the right Of the representation from
that county to- sit therein. 3rd-ln whom
Is this prima facie right existing: Jerks
said IL existed in MaRinnis and Clark.
They have the title and they have the
rss rsrress%, SaSk the n ' ss,s ' o. ' Montana ~ ,
United States senate. Upon the first
point, Jcnks quoted from the statute. of
July, lass, tO show what constitutes prina
facie right to u seat in the senate. The
possession of an certificate from the gov
rrnor. even though il lacks the seal aud
cosintersigu Of the secretary of state, ful-
Hills the requirement of the statute.
A colloslny here ensucsi i'm which SOW
took part, concluding with the statesnent
by Chairman Hoar that IL WAS his under
standing that the I,ossession of the gov
To the claim, of prina facis. right.
Senator Teller said the question before
the committee was not who has evidence
of title right, but tn whom title ar right
Legislature. Jerks said the Legislature that
met sss.s n - ss the Ssof.sai,;a St ss.
Ss,,Ls or<,,,-.g Shn1 az. ,sss
.,I nccs m tl,s. stnts. ,,;.l u,,t rv,.,I
,h.. Iii ,crr;tor;,i law under ,.hich th..
| ,,,n.,, .i..rL. ..rs;tt.., an. ..I.ctin,, ~
,,cwis.rs ~ IN. lcv;sln,,,r,.. This being
the cns.. hc i,s;s,ci tl,c ,Ic,nccrati,. I,,0is-
int,,rc was N legal Icvislatur,. and tbs. rs.r-
| s.,ns elected nv i, are r;vhtfui United
| States scuntors. Hc argued that uu,i.r
tI,,. ,,cw law the stat. rnnyassinw hoar,i
la, ,.. ,,@,w.r n, c.nv,ss ,h.. vot,. and de-
.i.r.. ,i,.. r.,s,,l, ~ sh.. .Icct,on A. to th..
! adon,ion Uf the .onstitutio, th.. old
I,yv r.,,,;ri,,v county clerk = to i..u.. c.rti.
| Hca,.. a.. ,,,..,,l..r. ~ th. levi.int,,r, l.
| s,;ii IL, s,,r"c
ih;s vi.,c ..,as ...,utrovcrs..,i nv r,,.,nlu.r
~ ,n., ,.,,,,,,,,s., ,.h.rc,,,,nu J.nL 90, ia m
n, 49,. ,,. s,ilt II, f,.... ths,, ,hc ,,nwcr a.
.s.i- - ,I r.s,,l, 81 thc ..l.s.,;o,, and i.s,.
,l,.. ..r,itI..t... r..v..rts IA, ,hc vovcrnor ns
| s,,nr.,,,.. .xcc,,,iy,, ,,f th.. state. R..ubli
",, ,,,,,t.r. .,f a.. ..,",,,i,t.... .,,,.s,,oncs
| JcnL NJ n, ,b,. ,,,,ccssity al the canvas,
| hv co,,1tv clcrk, which lid not effect any.
| ti;nv 10 ali ~ Which U,,estious J.nE,
| ,ns,vcr..I el,n, Ia. ,.,,I.l moi toll th, rra sou
| 1nr ..v..rv l,w, he ..n,,ld only Cite ~ and
| .,;v. h;S ,.;,,inp nm, i,s forc. and eSf.,.t
| J.nL. stated that th.. ,n.U,bers uI
| ,hc lc,,;sI,,t,,rc All had ccrtitlcat...
| ~ ..,.csi.,, frn,,, ,hc 0nvcrnor cxcen
| th. ,,,n.. ,,..,,ls.rs frSr, Silver How
| cn,,,sv f,,,r ,l.,n,crats ond fiv,. rrn,,bli-
| .an. .,,t,s.. scat. ,.,..rc ro,,t.s,,.l 'Ch.s.
| ,';"., ,,,.,;U..,.s 49,. s.,,n.I Il, ,h, ,,ov
| ...,,.s .s,i.. :. e. H., ,..n,.L ,u-i,,.s,
|