St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-03-25
The Majority Of the Commit
tee on Elections Submits
It's Report.
1t Advocates the Seating Of
the Choice Of the
"Rumps.'
Opposite Declarations by the
Democratic Minority Cut
Little Figure.

clrCuIHS GduceS SURROUNDING the 6loCUl0Q
of Messrs. Sanders and Power by the
Iron Hall or Republican legislature,
composed of half the members of the
senate and the Republican representa-
tives claiming to be elected; and of
Messrs. Maginnis and Clark by the
court house legislature, composed of
half of the senate and Democratic repre-
sentatives 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 elected with twenty
five other representatives and eight SEN
atOrS voted for Sanders and Power; the
other set with twenty-fOur other DEM
Ocrats and eight senators, voted for Ma
ginnis and Clark. the case, therefore,
turned upon thequestion which of these
two SETS Of five persons was entitled to
sit in the house of representatives from
Silver Bow county. 1t is not claimed
that there was any adjudication of the
house itself affirming or denying such
title. 10 determine this question, the
report says, the committee have been
led to consider three others. which in
their Judgment, disposes Of the whole
ease.
First-Which of the two sets or groups Of
five members, claiming to sit for the county
of Silver Bow, had credentials from the Off
GERS board entitled to canvass the vote and
declare the result?
Second-If one group OF five had the law
full credentials, bnt the other group were in
fact elected, which was legally entitled to SIT
in the house al its original organization and
remain and take part in all subsequent pro-
ceedings until the house itself had ad-
Indicated their title there being in existence
TWO bodies, each claiming to be the true
house?
Thirds there evidence which warrants
the senate in finding that the persons who
had the credentials were not i'll fact duly
elected?
AS to the first question-which had
the lawful credentials?-the committee
shows that A. F. Bray, p. r. Dolman,
William Thompson presented creden-
tials from the state canvassing board
of their right to sit as members from
Silver Bow county; they took part in
the Iron Hall (or Republican, house of
representatives, and remained members
of that body until after Messrs. Sanders
and Power were elected senators.
Thomas F. Courtney, A. III. Day, A. M.
Dussealt, Job w. Gilligan and Joseph
Hogan had certificates of election from
the clerk of Silver Bow county; took
part in the organization of the court
house Tor Democratic) house of repre-
sentatives, and remained members until
after the election of Messrs. MaginniS
and Clark. After reviewing
Antecedent Legislation
upon the subject of the election, includ-
ino tha nnohlino not Of 70
ordinances passed by the constitutional
convention and the provisions Of the
old territorial laws, the majority con-
clude that the territorial law providing
that the county clerk shall issue certiii-
Gates of election to representatives in
the legislature, was superseded by the
ordinance of the constitutional conven-
ton, which imposed that duty upon the
state board of canvassers, and hold that
"Bray and his four associates, who
went to the Iron Hall with the certifi-
Gates of the state board that they were
duly elected from Silver Bow had the
lawful credentials" Upon the ques-
ton of 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 reasons
hereafter stated, that the certificates of
the state board declared the true will
and choice of the people, as expressed
by majority of the votes actually and
lawfully cast. But, as the matter has
been discussed, it is proper to say that
we are unable to see any distinction in
principle between the case of person
claiming title to a seat in an assembly
,uhnca oh atar ic dicnntpd hu coma
other body, and in an assembly whose
character is undisputed. But we think
the credentials of the five Republican
members from Silver Bow are fully sup
ported by the facts of the election as
they are disclosed to us by the adj
mission of both sides, and by the undis-
puted and uncontrolled evidence taken
in judicial proceedings taken in Mon
tana, and laid before us by Messrs. Clark
and Maginnis. The whole inquiry turns
upon
The Honesty and Fairness
of the election at Precinct "a, Silver
Bow county. The proceedings in rela-
ton to the canvassing of the returns of
that precinct "a camp on the line of the
Butte d Gallatin railroad, in process of
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
81 was. in fact, irregular, illegal and
and that this appears from
the records and from the undisputed
facts furnished by Messrs. Maginnis
and Clark. The whole history shows.
the majority say, that the proceeding at
Precinct 81 had no relation whatever to
the real will of duly qualified voters.
but was fictitious, pretended and
without validity, either in form
or substance. The copy of the poll list
before the committee shows that the
ia voters Of Precinct 81 voted in al
phabetical order. This seems to the
majority conclusive evidence that the
whole proceeding was manufactured.
"We have also," the majority say, 1.-THE
extremely suspicious and unusual cir
cumstance that while there were
twenty-five different officers voted for,
and also vote for or against the con-
stitution, every one of the ia persons
voted for every one of the officers and
for or against the constitution. We
have the further remarkable and sus-
piciOuS circumstance that while the
constitution was supported by
both parties in Montana, the vote
against the constitution was the same,
within one, as the Republican vote on
the offices, where the
Vote Was on Party Lines,
sit is also singular, and to us incred-
ible, that, while there were in the
Of Silver Bow about 1000 votes,
so evenly divided between the two
political parties that in the case of
all of the candidates change of less
than eighty votes would have changed |
the majority from one side to the other,
the voters of this new community at |
Precinct 81. who must have assembled |
from various parts of the county, whose |
names as they appear upon the poll list |
indicate their descent from various |
should have been divided |
in any fair election between the two
political parties in the proportion of |
III to 8. The majority further say that |
the canvass of the votes of the precinct
was not public within the meaning of
the law; that forty-eight unnaturalized !