Fergus County argus., 1890-04-03
THE MONTANA CONTEST.
synopsis Of the Majority and Minority Re-
ports Submitted

WASHINGTON, March 2i.--The report
Of the majority of the senate com
mltee on privileges and elections upon
the Montana election ease was sub
mitied today 10y Senator lIoar. The
majority report gives at the out set
the circunst ances surrounding the
election of Sanders and Power by the
Republican legislature and Clark and
Maeinnis by the court house legis-
lature. This double choice arose from
the fact that the state senate was
equally divided and both sides claimed
"a majority in the mouse 10y reason of
two sets Of representatives of live
each. claiming election from Silver
Bow county.
The report says thecase turned upon
the quest ion as To which Of these two
sets was EMIT lesl to seats as represen-
tatives from Silver Bow county. The
committee finds that the Republicans
from Silver Bow county presented
credentials from the state canvassing
board and the Democrats from the
clerk Of Silver Bow county. After
reviewing the antece,lent legislation
upon the subject OF the election in
Guiding the enabling act Of congress,
the ordinance passed 10y the constitu-
tiOnal convention and the provisions
of the old territ Orial laws the ma ajOrity
conclude that the territ Oral law pro-
viding that the county clerk shall isstie
certificates of election tn representa-
tives OF the legislature was not supe-
riOr to the ordinance Oi the constItu-
tiOnal convention, which imposed the
duty upon the state board of can
vassers, and hold that the Republi-
cans were the ones who bore the lawful
credentials.
The whole inquiry turns upon the
honesty and fairness OF the election
at Precinct "a, in Silver Bow county.
The majority think the elect ion held
at Precinct - was in fact irregular,
illegal and fraudulent, and that this
appears from the records and from
undisputed facts furnished 10y Maginni~
and Clark. The whole history shows,
the ma ajorlty say, that the proceeding
at Precinct 30 had no relation what
ever to the real will of the voters but
was fictitious, pretended and Without
validity. either IN form or substance.
These conclusions were drawn 10y
the committee from the fact that he
votes there were all cast in alphabet
ica! order, the one-sidc'lness of the
result IN that precinct. etc.
The majority further say the can
vass of the vote of the precinct was
not public within the meaning OF the
law: that forty-eight unpaturalized
aliens voted at Precinct 30, and l2J
such persons at precinct 26, or more
than enough to ohavechanged { he result
in all the disputed cases, even ii all the
Republicans votes east at the precinct
were cast by those unnaturalized
rliehs. The majority in conclusion
decline to entertain the proposition
that because the governor failed to
recognize the Republican legislature it
was not legally constituted as unten-
able, and also declare that there is no
authority IN congress to remand the
mat ter back to thepeoplco OF Montana
Hence the conclusion reached is that
Sanders and Power are entitled to
their seats.
the MINORITY REPORT.
The minority report aSseris : that the
|
senate and house which met ai the
court house in Helena ami was rccos
nlzed by the governor.
Neither the house, nor the members
thereof which met IN he Iron Hall
and elected Sanders and Powers were
ever recognized 10y the governor. nor
was their prctcndcl election oi til,
senators ever certified to 10y HIM. The
evidence proved also that the hNr
persons VINO acted as the member, oi
the house oi representatives in the
Iron Hall convention were not elected
10y the people oi Silver Bow count \
whom they claimed 10 represent, and
they only had cirt iiicateS of elect ION.
The five niembers really elected by the
people, holding cert Iiiratcs, also sat
and voted IN the legislature at the
court house.
The United STATES senate report ia
such "a ease before the ease of sykes
VI. Spencer of Alabama) passed over
any mere quest ions oi cert iicate> and
asc-rtalnct who were act ually elected
The returns from the county mad,
by the clerk on he thrt y-iirsI day oi
October, 1889, under the law, and
made by the canNassing board and
the clerk on the 9Th of November
! lSsy, both show very clearly that til,
five persons who acted IN the Iron Hal
as representatives We're not elected by
the people of Silver Bow county.
The territorial board oi canvasser-
on the fourth OF November. lSSD
ISSUED certificates to tive persons not
elected, by the throwing out OF tn,
vote OF Precinct "a, which had giver
"a large majority to the democrati,
candidates. This act of the boar,
was done without any right or an
thority. They had the full returns
and the true vote OF the county befor,
4, them. Being republicans and anxious
to serve their party IN what the.
thought an emergency they refused t,
count or canvass the real vote OF tn,
} people; certified To the elec' ION OF fiv,
| persons not chosen IN the hope an,
with the expectation that these spur
i. Gus representatives might, in som
way, vote ior partisans of their Owl
political faith as candidates for tn
United States senate.
Z The majority report is signed 10y al
I the Republican members of the com
!. mlttee and the minority by the Demo
Gratis.