The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-03-25
BOTH REPORTS FILED
The Aonhna Case Nov Ready for the
Senate'S Action.
Debate to Begin on Thursday-The
Helena and Anaconda POST
offices Crisp Montana
News at Washington.

Special 10 the Standard.
WASHINGTON, March @.-Both the ma |
jority and minority reports on the Mon |
tana senatorial case were made this morn |
ing. As expected, the majority report
leans on the contest in precinct "a OF Sill
yer Bow county, and Hoar declares that
election In the precinct was fictitious.
He pretended II was too strongly demo-
cratic TO be true. The minority report in
sists that election i'm the precinct was
free and honest one aud that the ma
jority In the legislature was properly with
the court house men, who elected Clark
and Maginnis. The case will he called
up next Thursday. Speeches on both
sides will probably occupy three or four
days.
Senator Frye introduced a petition from
A merchants and miners OF Anaconda, 5s
citizens OF Deer Lodge, six clearly written
pages of citizens of Butte, one carrying
the names of Governor Toole, the secre-
tary OF state and the attorney general;
another with the signatures OF ex-Gov-
ernor White and 81 citizens of Dillon, an
other signed by GOO citizens of Idaho, ask
ing for the passage OF Frye's Pacific re-
funding bill. There will he a hearing to-
morrow morning before the house COM
mittee on public buildings relative to
the Butte bill. Cart sr and Frank
will give reasons for erecting
the proposed postofilce and assay
Office. Carter has not yet picked out cam
didates for the Anaconda and Helena
postofiices. The removal OF Moore and
Curtis were recomme nded by the same in
spector. He reported that Curtis had not
settled his accounts since last September.
Carter received kilograms from Anacon-
da just after news of Moorc's removal
was sent to the STANDARD asking him to
delay until Moore could he heard.
by Associated Press.
WASHINGTON, March 4.-The report of
the majority Of the senate committee on
privileges and elections upon the Nom
tana election case was submitted to-day by
Senator Hoar. The majority report gives
at the outset the circumstances surround
ing the election of Sanders and Power by
the republican legislature, and Clark and
Maginnis by tho court house legislature.
This double choice arose from the fact
that the state senate was equally divided
and both sides claimed n majority in the
house by reason of two sets Of representa-
tiycs Of five each claiming election from
Silver Bow county.
The report says the case turned upon
the question as to which of these two sets
was entitled to seats as representatives
| 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 antecedent legislation
| tipon the subject OF the election, includ.
| ing the enabling act OF congress. the
| ordinance passed by the constitutional
convention and the provisions OF the old
| that the territorial law providing that the
county clerk shall issue certificates oi
| election TO representatives OF the legisla.
| ture was not superior To the ordinance OF
the constitutional convention which i'm.
posed that duty upon the state board oi
canvassers, and hold that the Republicans
were the ones who bore the lawful Gre
\ dentials.
The whole inquiry turns upon the hon
| esty and fairness of the election at pre-
cinct "a, in Silver Bow county. The ma
jority think the election held at precinct
"a, was i'm fact irregular illegal ant
fraudulent, and that this appears from
the records and from undisputed facts
furnished by Maginnis and Clark. The
| whole history shows, the majority say
that the proceedings at precinct "a had nc
relation whatever to the real the will OF
|
and without validity, either in form OF
substance.
These conclusions were drawn by the
| committee from the fact that the votes
there were all cast in alphabetical order
the one sidedness OF the result In thai
| precinct, etc.
The majority further say the canvass oi
the vote OF the precinct was not public
| within the meaning of the law; that A.
| unnaturalized aliens voted nj prccinc
"a, and 125 such persons at precinct ~. ol
more than enough to have changed the
result in all the disputed cases. even II al
the republican votes cast at the precinct,
were east by these unnaturalized aliens
The majority i'm conclusion decline to en-
| tertain the proposition that because th,
governor failed to recognize the republi
can legislature il was not legally consti
tuted as untenable. and also declares tha
there Is no authority In Congress To re
mand the matter back Ia the people o
Montana. Hence the conclusion reached
is that Sanders and Powers are entitled 4
their seats.
The minority report asserts that the trti,
legislature OF Montana was the senate
and house which met at the Court hotiss
in Helena and was recognized by the gov
ernor. Neither house nor members there
of which met i'm the iron hall and elccte,
Saunders and Power were ever recognize,
by the governor nor was their pretende'
election OF SENATORS ever certihed 70 ID.
him. Evidence proved also tina
five persons who acted as mem
bers Of the house OF representative
in the iron hall convention were no
elected by the people of Silver Bow count,
whom they claimed 20 represent. The
only had certificates Of election. Th
five members really elected 10y the pcopl'
and holding certificates, also sat an'
voted in the Legislature at the court house
The United States senate, in its report u
such case, had before sykes versus Spen
Ger OF AlabamaD passed over the question
of certificates and ascertained who wer
actually elected. Returns from the count
made by the clerk on the 3lsl OF octobe
1879, under the law and made by the can
yassing board and the clerk on the 9Th @