The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-03-25
MONTANA'S SENATOR'S
Entitled to Their Seats in the
United States Senate
FRAUDS N ELECTION RETURNS.
4 Lstsse Bsek Ceussy Frssa ~ Fifty
Votes Nearly Elects I've United
et2tes seAssorn.-
FRAUDS N ELECTION RETURNS.

t@s - tzac x143Cf1fy Oh txfe Srxso*c 1u4& zA18s
sse On privileges and elections upon the
Montana election case Was submitted today
by Senator Hear. The majority report
gives at the outset the sircumstsnces sur
rounding the election Of saunders and
Powers by the Republican legislature and
Maginnss and Clark by the courthouse leg
islasure.
This double choice arose from the fact
that the state senase was equally divided
snd both sides claimed ulnjority in the
House, BY reason OF two sets Of Representa-
uves. Of I've each, claiming elcction from
Silver Bow county.
Tbs report says the easA il returned
upon the question Of which of these two
sets were entitled TO seats - representa-
tires from Silver Bow county. The COM
uittee fnds that the Republicans from
Silver Bow presented credentials from the
state canvassing board and tha Democrats
ffom the clerk OF Silver Bow county.
After reviewing the antecedent legislation
upon the subject Of elections, including
the enabling act OF congress-. ordinances
passed by the constitutional convention
aud provisions OF the territorial laws.
the majority concinde that the old terri
~SNs@& NV FAVsE<tuB t88t . V<k4S1ty NfS@ -
shall issue certificates ct election = repre-
sentafives to the legislature vQs superseded
BY the ordinance OF the eons1 Rational con-
venfson, which imposed thai duty upon
the state board OF canvassers, and the COM
mittee holds that the Republicans had the
lawful credentials.
The whole inqairy turns upon the hon.
esty and fairness of the election ct pre-
cinct No. 81. Silver Bow county. The ma
lority Of the committee think that the e.ec-
ton held at that precinct was IN fact irregu-
lar. Illegal and fraudulent, and that this
appears from the records and from indis-
puted facts furnished by Maginnis and
Clark. The whole history shows, the ma
lortsy say, that the proceedings at precinct
"a had no relation whatever 70 the real will
Of the voters, but wEs fictitious. pretended
and without validity either Inform or SUBJ
stance. These conclusions eTe drawn by
the COMMITTEES from the fact that votes
there were all cast in alphabetical order.
The ore-sidedness Of the result in that pre-
cinct, and the Canvass OF the vote In that
precinct Was not made public within ths
meaning of the law; that forty-eight un-
naturalized aliens voted at precinct 81, and
twenty 1--we such persons at precinct %, or
more than enough TO have changed the re-
suit in all disputed cases.
In conclusion the COMMITTEES declines to
entertain the proposition that, because rhe
governor failed 10 recognize The Repuhli-
can legislature it was not legally consti-
tufed. - untenable; also declare that there
IS no authority in congress ~ remand the
matter back 70 the people ef Nqptsna.
Hencs the eonclusi0n reached q thai saun-
ders and Powers are entitled 70 their seats
The minority report asserts that the true
legislature of Montana was and Is the
House which met al the courthouse in
Helena and was recognized by the gov
ernor. Neither the House nor the men,
bers thereof which met i'm Iron Hall and
elected Saunders and Power, were ever
recognized by the governor nor was their
last election OF senator's ever certified 10 by
him. Evidence proved also that the
i've persons who acted as of the
House OF representatives of the Iron
Hall convention, were not elected
by the people of Silver Bow county, whom
they claimed to represent. The FIVE meme
bers really elected by the people were hold
ing certificates, and all sat and voted in
the legislature at the court house. The
United States Senate report in such cases
previously tSykes VS. Spencer ct al. Ala
bsmal passed over any more question than
that OF the certificates. 10 ascertain who
were actually elected The returns from
the county, made by the clerk on the
31st of October. 1850. under The Law
and those made hy the canvassing board
and clerk in the month of November. 1859,
both show very clearly that the i've persons
who acted in Iron hall As representatives
were not elected By the people of Silver
Row county.
The territorial board OF eanvassers. the
minority report claims, on the 9Th OF Nov
enaber. 1850, issued certificates to i've per-
sons elected by throwing out of votes Of
precinct 81. which had given a large ma
jority 10 the Democratic candidates. This
act OF the board was done without any
right or authority. They had the fun re-
turns. and the true vote of the county be-
them Being Republican. and anxious to
see their Qsrty through what
they thought an emergency. they re-
fused to count or canvass the vote
OF the people. and certified 10 the election
Of five persons not chosen BY the people,
in the hope and with the expectation that
these spurious representatives might. in
some way. vote for partisans Of their own
political faith rs candidates for the United
States Senate.
The majority report was signed by all
Republican members OF the committee.
and the minority by Democrats.
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