, 1890-02-20

bers of the legislature. This being the
case, he insisted that the democratic
legislature was tho legal legislature, and
that the persons elected Ivy it were inc
rightfnl United States senator's. Ho ar
gued that under the now law the state
cnnvassing board hal power to convass
the state and dtclaro tie result Of the
election, and that the provisions OF the
old law requiring tho county clerks To
issue cert iicates 10 members OF the leg
islature was still In force,
This view was controycrted by several
members OF tho committee, whcrcupon
Mr. Jenks said that IL II was no. still IN
force, then the power to declare the re-
salts OF elections and to issue certificates
reverted to the governor as the supreme
executive Of the state.
The republican mOmhers of the COM
mittec Questioned Mr.. jerks as to- the
necessity OF the canvass by the county
clerks. which did not alieCt anything, TO
all of which questions Mr.. jerks nn-
swered lie could not tell tho reason for
every law. He could only cite them and
give his opinions ON their force ana
effect
lie stated that all the members of the
legislature had certificates OF election
from the governor, except the nine menl-
bcrs from Silver How countN--thc tour
democrats and live republicans whose
seats were contested. These nine Ger
titicatcs were flung into the governors 3
office, after he had vacated unsigned.
Sanders admitted that this was the
case, and Withdrew his statement to the
contrary made earlier in the day, Inc
democratic members OF the legislature
did not use the certificates ofthc govern
or believing that the certificates OF the
county clerks wero the correct and legal
ones, but the republicans used the gov
ernor : certificates III ctscting the Or
ganization of their houGe.
The registry list in precinct -. OF
Silver Bow county, MI jerks said, was
made by the republicans, and contained
been made under the law, iilling all its
requirements. The election law, mod
iiication of the Australian system, was
very strict, and all the details were
carried out with the utmost
strictness and ricidity, as shown
by the ailidayits of the election officers.
None of tlIr official tickets were missing,
nor were any fnlse ballots cast. The list
showed that IA ballots were cast out OF
a registry of iS3 votes. Mr.. jerks said
that the allitlavits by the members of the
election board said that no one was OK
cluded from tho count except one man,
who was drunk and raising an uproar,
but, even II the election officers did violate
the provisions of the election law so rs 10
prevent the voters from expressing their
views, the throwing out OF the precinct
had changed the result, and should be
treated as of no force.
ff,h:: 49,, OF usurpation of the state
board were rubbed out, there was clean
record.
In an. v~r to n question by Senator
Evarts, mr jerks stated that after the
ballots had been deposited In the box
there existed among the election, or can
yassing boards no power except to count
and tabulnte the votes cast, and, again,
ms to the limit Of power of the senate in
making an inquiry into the election of
members that, 1t could pursue every
voter to the last resort, but that IL would
not be wise to exercise its power after
coming into contact with the finding OF
the judicial tribunal that had jurisdic-
tion.
Adjourned until March l.