The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-03-25
THE MONTANA SENATORS.
THE COMMITTEE REPORT SUBMIT
TED TO THE SENATE.


Hoar Submits tho Msjority Report in
Favor OF the Republicans - Gray
Presents the Findings of the Minor
ity-The Question Ringing on the
Silver Bow sauabbIs.
WASHINGTON, March 24.-The report of
the majority Of the Senate committee on
privileges ard elections upon the Montana
election was submitted to the Senate to-day
by Mr.. Hoar. The majority report gives
at the outset the circumstances surrounding
the election of Messrs. Saunders aud Powers
bT the Ironi Hail or republican legislature,
composed of half the members Of the Senate
and the republican representatives claiming
TO be elected; and Messrs. Maginnls and
Clark by the court house legislature,
composed of half the Senate and
the democratic representatives claiming to
be elected. None of the senators had their
election called in question: but there were
two sets of five representatives. from Silver
Bow county claiming to be elected One of
these sets acted with twenty-five other re-
publicans and eight senators In voting for
Messrs Saunders and Powers. The other
set, with twenty-four other democrats and
eight senators, voted for Messrs. Maginnis
and Clark.
THE QUESTION BEFORE CONGRESS.
uS case, LuerSLOFe, JuTueU upon Ouo QueS-
tion, Which OF these two sets OF five per-
sons was entitled to sit in the House of Rep
resentatives from Silver Bow county?" 1t
is not claimed that there was any adjudi-
cation OF the house itself affirming or deny
ing such title To determine this question,
the report says. the committee have been
led to consider three others, which, iu their
Judgment dispose Of the whole case.
l. Which of the two sets or groups of five
members claiming to sit for the county of
Silver Bow had credentials from the officer
or board entitled to canvass the vote and
declare the result?
2. If one group of five had lawful creden-
tials, but the other group were in fact
elected. which was legally entitled to sit in
the House at its original organization, and
remain and take part in all the subsequent
proceedings until the House itself had ad-
Indicated their title, there being in existence
two bodies, each claiming to be the true
House?
3. Is there evidence which warrants the
Senate in finding that the persons who had
credentials were not in fact duly elected!
THE FIRST QUESTION ANSWERED.
As to the first question, which had the
lawful credentials" the committee show
that A. +. Bray, S. h. Dolman, F. H.
Hoffman, J. Il Monteath and William
Thompson presented credentials from the
state canvassing board Of their right to sit
as members from Silver Bow county, they
took part in the organization of the iron
hall Tor republican, House of Representa-
tives and remained members of that body
until after MeSsrs. Saunders and Power
were elected senators. Thomas f. Court
ney, A. II. Day, A NJ. Dusseault, 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 (or demCcratic)
House of Representatives and remained
1ba-c OFF oil Of MaeSr-a
Maginnis and Clark. After reviewing leg
islation upon the subject of elections, in
cluding the enabling act of congress, the
ordinance passed by the constitutional con-
veation, aud the provisions of the old
territorial laws, the majority conclude that
the territorial law, which provided that the
county clerk shall issue the certificates
of election to representatives in
the legislature, was superseded by
the ordinance Of the constitutional
convention, which imposed a special duty
upon the state board of ca1vassers, and hold
that MIR. Bray and his four associates, who
went to the iron Hall with the certificates
of the state board. that they were duly
elected from Silver Bow had the lawful
credentials.
THE QUESTION OF A QUORUM.
Upon the question of a quorum, which
has been raised in connection with the case,
the committee here says: sit will appear
that it is unnecessary to decide this question
for the purposes OF the present case. We
believe, for the reasons hereafter stated,
that the certificates of the state board
declared tie true will and choice of
the people, as expressed by q major
lty OF the votes actually and lawfully cast
We think the credentials of the five repuD-
lican members from Silver Bow are fully
supported by the facts of the election as
they are disclosed to us by admissions of
both sides, and by undisputed and uncon-
= II
lngs in Montana and laid before US by
Messrs. Clark and McGinnls."
The whole inquiry turns upon the honesty
and fairness of the election at precinct "a,
Silver Bow county. The majority conclude
that the state board of canvassers did their
duty as required by the law in throwing
out that precinct.
THE MINoRITY's REPORT.
Mr.. Gray presents the report of the
minority, which like that OF the majority,
was a very lengthy document. The minor
ity report sets forth the real state of the
facts TO be as follows:
That the true legislature of Montana con-
sists of the Senate and House which met at
Helena; that eight senators and the
twenty members of the House Of Representa-
ti7es thereof held joint convention for
Vae election of senators, in which q majority
OF all the members elected to the legislature
appeared and acted, on Jan. z, 1890. The
4Llc-ADbIs Ol tnlS COnV6uJiUI CDOSS meSoIS.
Clark and Maginnis to be United States
senator's from the state OF Montana, and the
governor, who recognized both the House
and Senate which composed this joint con-
yention, certified regularly and Al due form
that these two gentlemen were chosen as
senator's by the legislature Of the state.
THE IRON HALL ELECTION.
The adverse claimants, Messrs. Saunders
and Power, pretend to have been elected by
n Joint convention, held in what is known
as the Iron Hail." on Jan. !, 1890. But
neither the House nor the members thereof
which acted in this joint convention were
ever recognized by the governor, nor was
their pretended election as senator's
ever certified to by that officer. The evil
oence proves also that five persons who acted
as members of the House of Representa-
uFas in the Iron Hall convention were not
elected by the people of Silver Bow county,
"nom they claimed TO represent as mem
bers OF the House. They only had certif-
Gates Of election. The five members really
elected by tho people Of Silver Bow county,
holding certificates Of election, also sat and
voted in the legislature which met at the
court house. The United States. In such cases