Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1890-02-20
STIRRING UP MUDDY WATER
Montana Cases Before Committee ON
Privileges and Elections.

WASHINGTON. Feb. 15.-The senate
on privileges and elections to-
day began the investigation of the ere
dentlals of the several claimants for seats
from Montana. There was full attendance
of the persons interested. COL Halbert E.
Paine, counsel for the republican claim
ants, Saunders and Powers, began the pre-
sentatlon of the case In their behalf He
said that his two clients had been elected
senators by the legal legislature of Mon
tana. In the case under consideration,
Col. Paine said, the certificates presented
by the several claimants contradicted each
other and were nullihed because they bore
the signatures of only one of the officers of
which the law requires all to be attached.
Therefore the rights of the claimants must
be determined by secondary proof.
Col. Paine gave a resume of the facts of
the organization of the Legislature, which
are well known, as to the position of the
five republican members from Silver Bow
county, whose right to seats in the house
Is In dispute, and said if it were shown
that they were entitled to seats, then the
election of Sanders and Powers was legal
If they were not, then the election of
Maginnis and Clark was legal
Proceeding to the duties and powers of
the United States senate in investigating
the election of its members, Col Paine ar
gued that If the committee decided it could
90 behind the returns of the election of the
members of the Montana legislature, it
could not confne itself to FIVE members
from Silver Bow county, whose seats are
In controversy, but must prepare to 90 into
all cases in which contests may be made.
In Montana these would number more
than sixty. Colonel Paine then
read from the report of the late Senator
Carpenter on the contested election case of
Sykes VS.. Spencer, and also quoted from
the Record the case of Senator Turpie (the
member of the committee present), ON
which the contest was made on behalf of
Senator NOW President) Harrison. Pass
ing to the basis of the right of the mem
bers of the Legislature, which elected Saun-
ders and Powers, to sit therein and vote
for U. S. senator, Col. Paine stated that
under the constitution of the state the gov
ernor and other state officers were consntu-
ted a returning board, with the sole power
to issue certificates of election to members
of the legislature.
In conclusion Paine said, if the inquiry
went outside of the record the committee
would find from that source, as well,
that Saundess and Powers are legally and
rightfully elected.
Saunders submitted to the committee
on behalf of himself and colleague, a
statement which should be included in
the record. 1t is to the effect that many
illegal votes were cast in Silver Bow county
for the democratic candidates, and the
election officers failed to comply with the
law in precinct "a, that county.
Ex-Solictor General jerks then began
the case for the democratic claimants.
He said there were three points to be de-
dermined.
l. Is there prima facie right to seat in
the U. S. senater
He affirmed there is and it is in favor of
his clients.
2. Is there or was there a legislat ure
elect senators? There was, he said, and
a certificate of the clerk and commissioners
of Silver Bow county is the only credential
of the right of representation from that
county to sit therein.
3. In whom is this primia facie right
existing.
Mr. Jenks-It existed in Maginnis and
Clark They have the title, and they have
the right back of the title from the people,
to represent Montana.
Mr.. jerks argued that the new constitu-
ton and the ordinance of the state did not
repeal the old territorial law under which
the county clerks certified the election Of
members of the Legislature. This being
the case, he insisted that the democratic
| Legislature, and the persons elected by it
are rightfully United States senators. He
argued that under the new law the state
canvassing board had the power to canvass
the vote and declare the result of the cleo
ton as to the adoption of the constitution,
I'D law requiring county clerks to issue
Ger U1fcates to members of the legislature
is still In force This view was contrO-
yerted by the committee, whereupon jerks
said if 1T was not still in force then the
power to declare the result of election
and issue certificate reverts to the COVER
nor as the supreme executive of the state.
jerks stated that the members of the legis-
lature had certificates of election from the
governor, except nine members from Silver
Bow county, four democrats, and five re-
publlcans, whose seats are contested. These
nine certificates were found In the COVER
nor's Office after he had vacated, unsigned.
The democratic members Of the Legislature
did not use the certificates Of the governor,
believing the certificates Of the county
clerks were correct and legal ones but
the republicans used the governor s certlf-
Gates In effecting the organization of their
house. The Silver Bow county board was
not really convasslng board, and Its re-
fusal to count the votes from precinct 81
was an assumption of power it did not
possess. 1t could only make an abstract
of the votes. The mandamus proceedings
requires the board to include the vote of
precinct "a, was had, and the mandamus
issued; that, in the eye of the law, only
the certificate votes from the Silver Bow
county that went to the state board con-
tanned the votes of precinct "a. If the acts
of the usurpation state board are rubbed
out there is clean record. Adjourned
until March 1Jt.
Favors DingIey's Bill.
WASHINGTON, Feb. 13.-Mrs. J Ellen
Foster, Of the Women's Christian Tenn
perance Union, today addressed the house
cOnon1ittea on alcoholic Iio11or traffic IN