, 1890-03-25
STOLEN SEATS.
The Montana Case Presented
to the Senate.
Majority and Minority Reports
of the Election Committee.
The Senate Discusses Sher-
mans Antitrust Bill.
The Montana senntorships.

Inc "ontana SenatOrsh1pS.
WASHINGTON, March 24.-The report
OF the majority of the senate committee
upon privileges and elections ON the Mon.
tana election case was submitted today by
Hoar. The majority report gives at the
outset the circumstances surrounding the
election of Saunders and Powers by the
Republican legislature and of McGinnIs
and Clark by the court house legislature.
This double choice arose from the fact
that the state senate was equally divided,
both sides claimed a majority in the house
by reason Of two sets OF representatives OF
five each, claiming elec ion from Silver
Bow county. The report says the case
turned upon the question of which of
these two sets was entitled to seats as
representatives from Silver Bow county.
The committee finds that the Republicans
from Silver Bow presented credentials
from the state canvassing board, the
Democrats from the clerk of Silver Bow.
Alter reviewing antecedent legislation
Upon the subject of the election, includ-
ing the enabling act OF congress, the ordi-
nances passed by the constitutional con-
vention and the provisions of old terri.
torial laws, the majority conclude that the
territorial law providing that the county
clerk shall issue the certificates of cleo
ton to representatives to the legislature,
was supervised by ordinance of the con-
stitutlonal convention which imposed that
duty upon the state board of ~canvasser5,
and hold that the r sDubIicans we're the
ones who bore the lawful credentials. The
whole inquiry turns upon the honesty
and fairness of the election at precinct
"a, Silver Bow county.
The majority think that the election
held at precinct "a was in fact irregular,
illegal and fraudulent and that this ap-
pears from the records and from undis
puted facts furnished by Maginnis and
Clark. The whole history shows, the
majority says, that the proceeding at pre-
cinct "a had no relation whatever To the
real will of the voters. but was a victory
without validity either in form or sub
stance. These conclusions are drawn by
the committee from the fact that tie
votes there we're cast in alphabetical or
der, the one sidedness of the result in that
precinct, etc. The majority further say
the canvass OF the votes OF the precinct
was not public within the meaning OF the
law; that forty-eight unnaturaiized aliens
voted at precinct 81 and 1876 such persons
at precinct 20. or more than enough to
have changed the result in all the dis
putcd cases. The majority, in conclu
sion. decline to entertain the proposition
that because the governor failed to recog-
nize the Republican legislature it was not
legally constituted as untcnable; they also
declare there is no authority in congress
to remand the matter back to the people
of Montana. The conclusion reached is
that Saunders and Powers are entitled to
the seats.
The minority report asserts that the
true legislature of Montana was the senate
and house whioh met at the court house
in Helena and was recognized by the gov
ernor. Neither the house nor the mem
beers thereof who met in the Iron hall and
elected Saunders and Power were ever
recognized by the governor, nor was their
pretended election of senators ever cert
fed to by him. The evidence proved also
that five persons who acted as members
of the house of representatives. in the
Iron ball convention were not elected by
the people of Silver Bow county. whom
they claimed to represent. They only
had certificates of election. The five
members who were really elected by the
people sat and voted in the legislature at
the court house The United States sen
ate report on such a case before (Sykes
VS.. Spencer of Alabama) passed over the
question of certificates and ascertained
who were actually elected. The returns
from the county were made by the clerk on
the 3lst Of October, 1889, under law and
were made by the canvassing board and
clerk on the 18th OF November. 1889.
Both show very clearly hat the five per
sons who acted in Iron hall were not
elected by the people OF Silver Bow
county. The territorial hoard OF county
canvassers on the 4th of November. 1889,
issued certificates to the five persons not
elected by throwing out the vote of pre-
cinct "a which had given a large majority
to the Democratic candidates. This act
OF the board vas lone without any right
or authority. They had the full returns
of the true vote of the county before
them. Being Republicans and anxious
to serve their party In what they thought
an emergency they refused to count or
canvass the real vote of the people and
certified to the election of five persons
not chosen in the hope and with the ex-
pectation hat these spurious representa-
tives might 10 some way vote for parts
ans of their political faith as candidates
for the United States senate.
The majority report is signed by all the
Republican members OF the committee,
the minority by the Democrats.