Los Angeles herald., 1890-03-25

Substance of the Majority and Mi
nority Reports.
WASHINGTON, March 23.-The report
of the majority OF the Senate committee
on privileges and elections, upon the
Montana election case was submitted to-
day by Hoar. The majority report
gives at the outset the circumstances
surrounding the election of Saunders
and Power by the Republican Leglsla-
jture, and of Maginnis and Clark by the
"Court- house" Legislature. This double
choice arose from the fact that the State
Senate was equally divided, and both
sides claimed a majority in the House
by reason OF two sets OF Representatives
of five each claiming election from
Silver Bow county. The report says the
case turned upon the question, which OF
these two sets was entitled to seats as
Representatives from Silver Bow county.
The committee finds that the Repub-
icans from Silver Bow presented Gre
dentials from the State canvassing board;
the Democrats from the clerk Of Silver
Bow county. After reviewing the ante
cedent legislation upon the subject OF
the election, including the enabling act
OF Congress, the ordinances passed by
the constitutional convention and the
provisions of the old Territorial laws,
rial law providing that the County
| ,hol ri nf oil
to Representatives in the Legislature
was superseded by the ordinance of tie
constitutional convention, which in
posed that duty upon the State board Of
canvassers, and held that the Republi-
cans were the ones that bore lawful cle-
dentials.
The whole inquiry turns upon the
| honesty and fairness of the election at
precinct "a, Silver Bow county. The
majority think the election held at pre-
cinct 81 was, in fact, irregular, illegal
and fraudulent; that this appears f,om
undisputed facts furnished by Magihnis
and Clark. The whole history shows,
the majority say, that the proceedings
at precinct "a had no relation whatever
to the real will of the voters, but we're
fictitious, pretended and without valid
/ v,
conclusions are drawn by the committee
from the fact that the votes there we're
all cast in alphabetical order, the one
sidedness of the result in that precinct
etc.
The majority further says the canvass
of votes of the precinct was not public
within the meaning of law; that forty
eight unnaturalized aliens voted at pre-
of
precinct 26, or more than enough to have
changed results in all disputed cases
even if ell the Republican yote
cast at poth precincts, were cast by thes'
unnaturalized aliens.
The majority in conclusion, decline II
entertain the proposition that because
the Governor failed to recognize the Leg
islature, it was not legally constituted
They also declare that the authority i
in Congress to remand the matter bacl
to the people OF Montana. The con
clusion reached is that Saunders. an
Power are entitled to the seats.
The Minority Report.
The minority report asserts that th'
true Legislature of Montana was the Sen
ate and House which met at the cOur
house in Helena, and was recognized b,
the Governor. Neither the House no
the members thereof which met in Irol
hall and elected Saunders and Power
were ever recognized by the Governor
! nor was their pretended election OF Sen
ators ever certified by him. The evi
dence proved also that five persons VIII
acted as members OF the House OF Rel
resentatives in the Iron hall conver
ton, were not elected by the peopl
of Silver Bow county, whom the
claimed TO represent. They only ha
q certificates OF election. The five men
bers really elected by the people, an
holding certificates OF election also, So
!. and voted in the Legislature at tn
court house.
The United States Senate, says tn
e report, in such case before (Sykes VI
9 Spencer, from Alabama,) passed owe
any mere question OF certificates an
ascertained who was actually elected
e The returns made by the clerk on th
31st OF October 1889, by law, and mad
by the canvassing board and clerk o
the 7th of November 1889, both sho'
: very clearly that the five persons VIII
acted in Iron hall as Representative
> were not elected by the people OF Silve
o Bow county. The Territorial Board {
i CanVaSSerS, on tne fJ1 Oh NONemDel
1889, issued certificates TO tiv
: persons not elected, by throw
e ing out the vote OF precinC
/ "a, which had given large majority
/ the Democratic candidates. This act {
e the board was done without any right G
: authority They had the full returns {
2 the true vote of the county before then
t Being Republican, and anxious to serv
/ their party in what they thought a
e emergency, they refused to count c
: canvass the real vote OF the people, an
e certified to the elections Of five person
not chosen, in the hope and with tn
expectation that these spurious Repre-
! sentatives might in some wayvote &c
partisans OF their own political faith q
. candidates for the United States Senate
The majority report is signed by a
: the Republican members OF the CON
: mittee, and the minority by the Demo
Gratis.
The Sale of Eadam's