Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-03-24
credentials we're not in fact duly elected? As
to the first question, which had the lawful Gre
JapfialS2r

| credentials were not in fact duly elected As
to the first question, which had the lawful Gre
| dentialsl"
THE COMMITTEE SHOW
that A. F. Bray. P. R. Dolman, F. n. Hoffman
]. H. Monteath and Vim. Thompson presented
| credentials from the state convassing board OF
| thelr right to sit members from Silver Bow
county: they took part in the organization of
| the Iron Hall Cor republican, house of repre-
sentatives and renamed members of that body
until after Messrs. Saunders and Powers were
elected Senators. Thomas F. Courtney. A. H.
Day, A. NJ. Dersseault. Job W. Gilligan and
Joseph Hogan held certificates of election from
the clerk of Silver Bow county, took part in
the organization of the court house Cor demo-
cratlc), house OF representatives, and remained
members until after the election OF Messrs
| Maginnis and Clark.
CONCLUSIONS OF THE COMMITTEE.
After reviewing antecedent legislation upon
| the subject OF the election, including the en-
| abling act of Congress, the ordinances passed
ny the constitutional convention and the pro-
visions OF the old territorial laws. the majority
conclude that the territorial law providing
mat the county clerk shall issue certificates of
elcctlon 10 Representatives In the legislature
| superseded by the ordinance of the constitu
tlonal convention, which imposed that duty
upon the state board of canvassers aud hold
that Bray and his four associates who went
| 70 the Iron Hall with the certificates Of the
| state board that they were duly elected from
silver Bow. had the lawful credentials
UPON THE QUESTION OF QUORUM
which has been raised In connection with the
case, the committee here says: 1T will appear
that it is unnecessary to decide this question
Tor the purposes of the present case We be-
Heve, Tor reasons hereafter stated, that the
certificates of the state board debated the true
WIN and choice of the people, as exprossed
by majority of the votes actually and law
Inily cast But, As tue matter has been dis
| cussed, II ls proper 10 say that We are unable
10 see any distinction III principle between the
case oil rerhon Claiming title to a scat i'll an
assembly whose character IL disputed by
| some other body and in an assembly
whose character is undisputod.
But We think the credontials OF the five rcpub
| llcan members from Silver Bow are fuzzy sup
ported by the facts of the election, as they are
disclosed to us by the admissions OF both sides
and by the uudlsputed aud uncontrolled ovI-
dence taken IN Judicial proceedings liz Montana
and laid before us by MesSrs. Clark and Ma
ginnis."
THE ELECTION IN SILVER BOW COUNTY.
The whole inquiry turns upon the honesty
aud fairness of the election at precinct S4
Silver Bow county. The proceedings in rela-
ton to the canvasslng of the returns of that
precinct Ia camp on the line of the Butte aud
uailatln railroad III process of construction are
set forth IN detail from which the majority
conclude that the state board of canvassers did
their duty as required by law. But they also
think that the election held at precinct "a was
IN fact, irregular. illegal and fraudulent and
that this appears from the records and from the
undsputed facts furnished by Messrs. Maginnis
and Clark.
THE ALLEGED FRAUDULENT ELECTION.
The whole history shows, the majority say,
that the proceeding at precinct "a had
no relation whatever to the real will of duly
qualified voters, but was fictitious pretended
and without validity, either III form or SUBJ
stance. The copy OF the poll list before the COM
mittee shows that the ia voters of precinct
"a voted In alphabetical order. This seems to
the majority conclusive evidence that the
whole proceeding was manufactured. .We
have also, the ma jorlty say, 1.-The extremely
suspicious and unusual circumstance that while
there were twenty-five different officers voted
for and also vote for or against the con-
stltution every one OF the ia
persons voted for every one of the
officers and for oragainst the constitution. We
have the further remarkable and suspicious
circumstance that while the proposed consti-
tuition was supported by both parties in Mon
tana the vote against the constitution was the
same within one as the republican vote on the
officers, when the vote was on party lines.
IT Is ALSO SINGULAR
and to US incredible that while there were in
the county of Silver Bow about 1000 votes SO
evenly divided between the two political parties
that In the case of every one of the
candidates change of less than eighty
votes whould have changed the ma
jority from one side to the other. the
voters OF this new community at precinct "a,
who IN ust have assembled from various parts
OF the county, whose names as they appear upon
the poll list indicate their descent from various
nationalities, should have been divided in any
fair election between the two political parties
in the proportion of III to 3d.
VOTING ALIENS.
The maj Ority further say that the canvass OF
the votes of the precinct was not public within
the meaning of the law: that As unnaturalized
aliens voted at precinct "a and 126 such persons
voted at precinct 26, OF more than enough TO
have changed the result i'll all the disputed
cases, even if ali the republican votes cast at
both precincts were cast by those unnaturalzed
aliens.
SUGGESTIONS SET ASIDE.
In conclusion the majority discuss two prop
ositions or suggestions that were made One is
that the governor having failed to recognize
the legislature, it had no legal existence. and.
therefore, could not elect Senators. This
the majority dismiss as ingenious but with
out foundation and opposed to the plain
constitutional rights and duties of the
legislature The other is that the
committee should refer the case back to
the people Of Montana in order to teach them
needed lesson. The majority say that they
do not deem it to be in their power to
deprive any state of its rightful repre-
sentation in the Senate or to bar right
fully elected Senators in order to teach
lessons to any person or to indicate their
displeasure at certain modes of procedure. As
to the effect of this course, if it should be pur
sued. the majority say, it would, in their opin-
ion, be diametrically opposite to that sought
by really offering premium on lawlessness
THE MINORITY REPORT.
Mr.. Gray presented the report Of the minor
ity. which, like that of the majority, was a very
long document. 1t sets forth a state of things
different from that given in the majority re-
port and concludes from it that the democratic
Senators are entitled to their seats.