St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-03-25

aliens voted at Precinct "a, and 126
such persons voted at Precinct
26, or more than enough to
have. changed the result in all
the disputed cases, even If all the Re.
publican votes cast at both precincts
were cast by these unnaturalized aliens.
In conclusion, the majority discuss two
propositions or suggestions that were
made. One is that the governor, having
failed to recognize tho legislature, it
had no legal existence, and therefore
Could Not Elect Senators.
This the majority dismiss as in
genious, but without 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 representation in
the senate, or to bar out rightfully
elected senators in order to teach lessons
to any persons, or to indicate their dis
pleasure at certain modes of proceed
ure. As to the effect OF this course, if it
should be pursued, the majority say, it
would in their opinion be diametrically
opposite to that sought by really offer.
ing premium on lawlessness. Mr.,
Hoar, from the committee on privileges
ana elections, reported four resolutions,
III the cases of the persons claiming
seats as senators from the state of Mon
tana- two OF them declaring that Clark
and MaginniS were not entitled to seats;
and the other two declaring that San
derS and Power ''Were entitled on the
n no Cd Init
seats. The minority report, which was
presented by Senator Gray, sets forth
the fact that the true legislature of
Montana consisted of the senate and
house that met at the court house in
Helena; that eight of the senators
and Twenty-Five members of the house
of representatives thereof held a Joint
convention for the election of a United
States senator, in which a majority of
all the members elected to the legisla.
ture appeared and acted, Jan. Z.
1890. This session of the legislature
was recognized by the governor
of the state. The session at
which the adverse claimants - Power
and Sanders-were elected was never
recognized by the governor, nor was
their pretended election ever certified
to by the governor. The evidence
shows also that five persons who acted
as members of the house in the Iron
hall convention were
Not Elected by the People
of Silver Bow county. whom they
claimed to represent. They only had
certificates of election. The five men,
bers really elected, also holding certifi.
Gates of election. sat and voted in the
legislature which met at the court house.
The United States senate has always
passed over any mere question
of certificates where the legis-
lature has not determined for
Itself who are the members of the
body, and has ascertaIned who were
really elected. This was done in the
case of Sykes VS.. Spencer, from Ala
bama. There is no trouble in deciding
in this case that the representatives
from Silver Bow county, who voted for
Clark and Maginnis, were actually
elected by the people. The act of the
board of canVaSSerS of Silver Bow
county in throwing out the vote of Pre-.
cinct 81, which had given a large Dem
Ocratic majority, was done without right
or authority. This board, being wholly
Republican and anxious to serve the
Republican party in what was
thought to be a great emergency, re.
FUSED to count or canvass the real vote
of the people of Silver Bow county,
and certified to the election Of five per-
sons not chosen by the people, in tho
hope, and with the expectation that
these spurious representatives might
contrive in some way to vote for parti-
sans of their own political faith as can
didates for the United States senate.