New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-25
THE MONTANA CONTEST.
THE CASE PRACTICALLY SETTLED BY A RE-
PORT IN FAVOR OF THE REPUBLICANS
MESSRS. SANDERS AND POWERS HELD TO BE
THE LEGALLY ELECTED SENATOR'S
THE MINORITY REPORT.
lBY -rrIrGRAPH TO THE TRIBUNE.

Washington. March 24.-The Montana contest
practically settled in the Senate to-day. when
the Committee on Privileges and Elections through
Mr. Ioar, its chairman, reported in favor Of Mcssrs.
safiers and Powers, the Republican claimants. The
case will be called up Thursday next for general
debate, and pushed through to a decision quickly as
possible. The Democratic members of the committee
have drawn up minority report which declares that
Magginnis and Clark lawfully elected and the
vote seating the Senators Will consequently be
party
The Montana case has been discussed thoroughly
during the last three four months and there can be
little doubt now after ali the evidence is in. that the
decision of the committee to seat the two Republican
claimants is the only possible solution of the dicul'y
consistent with the law and the facts. The hhWor'N
report is clear and able statement OF the ISSUES III
vOlved in the contest, and the logic OF the afsu'onV
in support the title of MeS,rs. sanders ana ro"es
to the two vacant seats is entirely convincing ana sat
sfactory. The minority report. prepared by senator
Gray is far less direct and conclusive, ana seems
directed rather to destroying the title OF the TWO he
publcans than to establishing that OF the TWO Demo
Gratis But the two documents will speak for them
selves.
The majority report gives the circumstance of
the election of Messrs sanders and Powers by the
Iron Hail. or Republican legislature composed OF nan
the members of the senate and the Republican Repre-
scntatves claiming to be elected: and Of MesSrs Ma
ginnis and Clark by the Court House legislature COM
posed of half the Senate and the Democratic Repre-
sentatiyes claiming 10 be elected. None of the ZEN
ators had their election called in question. but therc
were two sets Of five Representatives from Silver BOW
Comfy claiming be elected one Of these sets aced
with twenty -four othor Republicans and eight senators
in voting for Sanders and Powers, the other SET Win
twenty four other Democrats and eight senator's voted
for Magnnis and Clark The therefore turned upon
the question which of these two sets of I'VE persons
was entitled TO sit in the House from silver Bow
County 1t was not claimed that there was any
adjudication of the House itself affirming or denying
such title. To determine this question: inc rcpo''
saws the committee have been led to consider 'hree
others which in their judgment. dispose Of the whole
case
/ Which Of the two sets or groups Of FIVE members
claiming to sit for the county Of Silver Bow had credentials
from the officer board entitled to canvass the No anu
declare the results -
7, ono oroun ~ 1--WE had the lawful credentials but
the other group were fact elected which was Legally
entitled to the House at It's original organization '
remain part in all subsequent p'o'e'u'"sS UN
the House itself mad adJudieated their ute ee os -
x,s,ence two hoacs each claiming be the true house
g. Is there evidence which warrants the senate IN
finding that tht persons who had the credentials were "o
in fact duly elected! -,
A. 70 the frs, question the committee show that
T Drav. p. r. rotman, F. II. lIonmann. j. H.
Non,cath and William Thompson presented creden-
tials from the state Ctnva>-ing Board q thelr rs'
10 1T a. member, from silver Low County theN '"'N
mart in the organization Of the Republican ioh>e ana
remained members Of that body until iftcr NesSis'
s.nsors and Powers were elected senators. Thomas
F. Courtney \. II. Day. \. VI Dus'ealt jon W. '''''
gan and Joseph Hogan held certificates OF el'ch'h
f,om the clerk Of silver Low County and tnoN part
in the organization If the Democratic House. Inc
majority conclude that the Territorial IA" W"N'u'"N
that tie County Clerk shall issue cerilica'e> OF ci''
tjon 10 Representatives in the legislature was super
.eded bv The ordinance # the Constitutional CohNch-
zion which imposed ;hat duty upon the stale Boaiu
hrid hat " RraV
c,.tes who went 10 tie Iron Hall with the ccrthc'es
Of the state Board that they were duN eiee'eu HUH
silver Bow had the lawful credentials Inc report
GAYS: we rink the credentials Of the I'VE hcpu"
lcan members from silver Bow are fully supPor'e" p'
,ho facts Of the election they are disclosed 10 IL
,v tho admissions Of both SIDES and by the undi'
,ued and uncontrolled evidence taken in l"fical pro
cecdings taker in Montana ana lad oci"ic Us ~
MeSsrs. Clark and Naginnis -
Tho W. dc inquiry turns upon the honesty anu
fairness of the election at Precinct IhrN iou'' ~
ROW Comfy The majority think that ths elo'''o"
was irregular Illegal and fraudulent me WNoie III
tory shows the majority say, that the proceeos at
fncinc Thjrtv four had relation Whatever I" ,io
real will Of Only qualified voters puV wa" III, '''
Tho copy Of the pOllli,t before the cohlhl''oo "V
that the ia voters Of Precinct thirty -iour lo' "
,rhahetical order This seems 10 the majority con
elusive evidence that the whole proceeding "a7 "d""
fac,ured We have also" the majority say inc
extremely suspicious and unusual circumstance '"d'
while there were twenty five different om'eTs 'o''u
for and also for or against the CONSTITUTION,
every one Of the ia persons voted Tor every o'o "
The officers and for or against the CONSTITUTIONS Inc
majority further say that the canvass OF Inc No'''
Of The precinct was not public within the IneahiHs
~ tho law that forty eight unnaturalzcd aliens N"O-u
At Precinct Thlrty-fOur and l2G such persons V"fu
at Precinct Twcnty-siX, more than enough 10 ha'
changed the result in all the disputed cases even
All the Republican votes cast al bOh precincts WERE
cast by these unnauralizcd aliens
In conclusion the majority discuss I"o propo''"''7
or suggestions that were made. one j., una '"0
Governor having failed u recognize the Legislature
il had no legal existence and therefore cpud moi eec'
senator's This the majority dismissed a. Ingenious
Int without foundation. and opposed 70 the pam con
s.itutional rights and duties Of the legislature l''
uther i. that the committee should refer The ca7 Da"
N the peopIe Of Montana, in order to teach lheh Il
NODDED lesson The majority say That thcy 90 NOV
doom IL TO be in their power 70 deprive any 9ae o. '
rehtful representation in the senate, Or 70 Oar ou'
richtfllly elected senators IN order To cach Ic'So -
any persons 1870, ,.. =,
,e sor,h the real state Of facts to be a ioilo"H
That the true Legislature Of Montana consisted % uo
senate and House which met at the court 'o"7' ~
Helena: that eight of the senators anu t"o"'' '
members Of the House thereof held JONI c'"'o'''
for the election Of a United states senator !" |''"
a majority of all the members elected 10 inc Aot'
l,.ure anoeared and acted on January :, leu Inc
members Of ihis convention chose Me,sr'. 'drh anu
Magnnis TO be United states senators from 10
ID the Governor who recognized both The HOUSE any
senate which composed this joint conVel lo c., ,l
regularly and in due form that these t~9 me-
were chosen senators by the Legislature " WY
state The adverse claimants, Mcs-rs oai'cIS anu
Invers prDteud 10 have been elected by JOIN. CO.."
ventjon held in what known the " iron Ila!i,
on January l. 1850 But neither the House nor uno
we,ohers thereof which acted III this JONI 'VhNcn
lou were ever recognized by the Governor nor va
their pretended election a. senators ever cerhen " ~
that officer 49,, ,s. ,. ,,,. five.
..rsnne who acted members o! the House IN tic
Ir.u convention. were elected by the p"Opr
- Silver Bow County whom they claimed y represent
VI ,H,hcrs M the House. They only had certificates
a. iaction THE five members really elected by thr
oeonIe 81 silver low County, holding cerifca'r, o.
49,, .l1o sat and voted in the Legislature VINO