Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-03-25
Report of the Senate Committee Of
Privileges and Elections,

privileges aHd Elections.
WASHINGTON, March 24th.-Tke report u the
majority OF the Senate committee on Privileges
and Elections upon the Montana election case,
was submitted TO the Senate 10 day by Senator
Hoar.
The majority report gives at the outset the
circumstances surrounding the election of Saun-
'ders and Power by the Republican Legislature
and of Maginnis ana Clark by the CoJrt house
Legislature. Thisdouble chaos arose from the
fact that the State .SenateeWas equally divided
and both sides claimed anajority in The House
by reason of two sets of Representatives of five
each claiming election from Silver Bow county.
The case turned upon the question as to which
of these two sets was entitled to seats as Repre-
sentatives from Silver Bow county. The com
mittee finds that the Republicans from Silver
Bow county presented their credentials from the
State Canvsssing Board. and the Democrats
from the Clerk OF silver Bow county.
After reviewing the antecedent legislation
upon the subject of the election, the majority
concludes that the territorial law providing
that the County Clerk shall issue certificates OF
election to Representatives in the Legislature,
was superseded by the ordinance of the Con-
stitutional Convention. which imposed that
duty upon the State Board of Csnvassers, and
holds that the Republicans were the ones that
bore the lawful credentials.
The whole inquiry then turns upon the hon.
esty and fairness of the election az Precinct 81
that the election held at Precinct "a was in
fact, irreguler, illegal aud fraudulent; and that
this appears fr0Ea rec ,rds and from undisputed
facts furnished by Maginnis and Clark.
These conclusions were drawn by the COM
mittee from the fsct that the votes there were
all cast in alphabetical order, showing one
Sidedness OF the result in that precinct.
The majority further says that the canvass OF
votes OF the precinct was not public within the
meaning OF law and that forty eight unnatural.
lied aliensWoted at Precinct 81 and l26 such per.
sons at Precinct 26. or more than enough to
have changed the result in ell the disputed
cases, even If all Republican votes cast at both
precincts were cast by these unnaturalized
aliens.
The majority in conclusion, declines to en-
terrain Incorporation that because the Gov
ernor failed TO recognize the Republican Legis
iature 1t was not legally constituted as unten.
able. and elso declares that there is no author.
1ty in Congress to remand the matter back to
the people OF Montana. The conclusion reached
is that Saunders and Power are entitled to the
seats
Hoar then reported four resolutions in the
cases OF the persons claiming the seats as Sen.
ators from Montana, two declaring Clark and
Maginnis not entitled to the seats, and the other
two declaring Saunders and Power entitled on
merits OF case to be admitted to Seats
The resolutions from the minority of the
committee, making opposite declarations. were
reported by Gray, and all were ordered printed
Hoar giving notice that he would ask the Sen.
ate to consider them on Thursday.
The minority report asserts that the true Leg.
1slature OF Montana was the Senate and House
which met at the Courthouse in Helena and
was recognized by the Governor. Neither
house nor the members thereof which met in
Iron Halhand elected Saunders and Power were
everrecognized by the Governor. nor was their
pretended elected of the Senators ever certified
TO by him. The evidence proved also that five
persons who acted as members of the House OF
Representatives in the Iron Hall Convention
We're not elected by the people of Silver Bow
county, whom they claimed to represent. They
only had certificates of election: the five mem
bers really elected by the people holding GER
tifcates also sat and voted in the Legislature al
the Court-h house.
The returns made by the Clerk on the Slst Of
October, 1889. by law and made by the Can
wasting Board and Clerk on the 9TH of Novem
Der, 1889. both show very clearly that the five
persons'who acted in Iron Hall as Representa-
tives were not elected by the people of Silver
Bow county. The Territorial Board of Can
yasseFs on the Attn of November, 1889 issued Ger
tifcates TO five persons not elected, by throwing
out the vote of preeint 81, which had given
large majority to the Democratic candidate
This act of the Board was done without any
right or authority. They had the full returns
of the true vote of the county before them, snd
being Republicans and anxious to serve theii
party In what they thought an emergency, they
refused to count or canvass the real vote of the
people, and certified TO the election of five per
sons not chosen, in hope and with the expecta
tion that these spurious representatives NIGH
in some way vote for partisans of their own DO
litical faith as candidates for the United States
Senate.
Tn majority report is signed by all the Repub
Nean members of the committee, and the mi
nority by all the Democrats.