The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-03-25
Reports of the Committee on Privi.
leges and Elections in the Mon
tana Senatorial Case.
The Majority in Favor of Fraud
While the Minority Endorse
Pure Elections.
The Case to be Taken up Thursday. Whcr
Arguments on the Matter VIII
be Made.


committee ON privileges and elections. re-
ported four resolutions in the cases of por-
sons claiming seats as senators from Mon
tana, two declaring Clark and MHgnnis
not entitled 10 seats, the other two dcclar-
ing Sanders and Power entitled, ON the
merits Of the case, 10 be admitted 10 seats.
The majority report gives at the outset
the circumstances surrounding the election
of Sanders and Power by the republican
legislature. and Clark and Maginnis by the
democratic legislature. Ibis double choice
arose from the fact that the state senate are
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 10 seats as representatives
from Silver Bow county. The committee
finds that the republicans from Silver Bow
county presented credentials from the state
canyassing board. the democrats from the
clerk Of Silver Bow. After reviewing the
antecedcnt legislation upon the subject OF
the election, including the enabling act OF
congress, the ordinances passed by the con-
stitutional convention and the provisions of
the old territorial laws, the majority con-
cludo that the territorial law providing the
county clerk shall issue certificates OF cleo
ton TO representatives of the legislature,
WIS superseded by the ordinance of the
constitutional convention, which imposed
that duty upon the state board of canvass
eTs. and huld that the republicans were the
ones who held lawful credentials.
The whole inquiry turns upon the hon
esty and fairness of the election at precinct
~. Silver Bow county. The majority think
the election held NJ precinct - was in fact
irregular, illegal and fraudulent, and that
this appears from the records and from the
undisputed fncis furnished by Maginnis
and Clark. The whole history Of the case
shows. / majority say. the proceedings at
precinct "a had 10 relation whatever 90 the
real will of the voters, but was fictitious,
pretended and without validity, either in
form or substance.
These conclusions are drawn by the com
mittee from the fact that the votes there
were all cast in alphabetical order, the one
sioscdness ot tho result in that precinct. etc.
The majority further say the canvass of the
vote OF the precinct was not public within
unnaturalized aliens voted at precinct A,
aud l2j such persons al precinct Hi, OF more
than enough 10 have changed the result in
all the disputed cases, even II all the votes
cast al these precincts were cast by repub-
lean unnaturalized aliens. The majority
in conclusion decline 10 entertain the
proposition that because the governor
failed TO recognize the republican legisla-
ture IL WIS not legally constituted az un-
tenable: they also declare that there is no
authority in congress TO remand the matter
back 10 the people Of Montana, since the
conclusion reached il that Sanders and
Power are entitled TO their seats.
The minority report asserts that the true
Legislature of Montana WAS the senate and
house. which met in the court house in Hell
cna, and was recognized by the governor.
Neither the house nor the members thereof.
which met in the Iron Front hall and
elected Sanders and Power, were ever rec
ognized by the governor, nor was
their pretended election of senators
ever certified 20 by him. The evil
who acted rs members Of the house of repre-
sentntives in the Iron Front hall convention
were not elected 10y the people of Silver
Bow county, whom they claimed 10 repre-
sent. They only had certificates of cleo
ton. The five members really elected by
the people. holding certificates, also sat and
voted in the legislature NJ the court house.
The United States senate report III such
case before (Sykes versus Spencer, of Ala
bama) passed over any mere question Of
certificates. and ascertained who were nc
tually elected. The returns from the
county made by the clerk ON the 3lst of
October, 1883, under the law, and mnde by
the canvassing board and clerk Nov. Z.
lss9, both show very Clearly that the five
persons who acted IN the Iron Front hall rs
representatives were not elected by the peo-
pie of Silver Bow county.
The territorial board OF canyassers on the
Atb of November, lsS,l, issued certificates to
FIVE persons not elected by throwing out the
vote Of precinct 81 which had given large
majority TO the democratic candidates. This
net of the board was done without any right
or authority. They had full returns of the
truo vote of the county before them. Being
republicans and anxious 10 save their party
IN what they thought an emergency, they
refused 10 count OF canvass the real vote of
the people. and certified 20 the election of
hive persons not chosen. in the hope and
with The expectation that these spurious
representatives might in some way vote for
men of their own political faith us candi-
dates for the United States senate,
Honr gave notice that he would ask tho
senate 10 consider the reports Thursday.
House bills were reported and placed on
the calendar as follows; 10 ensure the
purity Of elections in Arizona. TO authorize
Ogden, Utah, 20 assuine increased indebt-
odness. The senate bill ceding public lands
to California aud other states in aid of the
irrigation of dry and arid lands was nc
ported back from the committee on public
Ands adversely. and Indefinitely postponed.
Sherman's antitrust bill was taken up
al It.st.trt lfaguuggl hn uft n
points. George opposed AN amendment
offered by Reagan, Teller said he WIS in
clined TO vote for the bill, although he was
not snnguine Of II accomplishing it's pur-
pose. Unless the states took hold of the
question and suppressed these trusts by
limiting the amount of capital that
can be aggregated IN amy cor
poration. the trouble would continue.
The bill, he said, would apply 10 the Farm.
crs' Alliance and National fnrmers' League,
which were organized with the avowed puT-
pose of increasing the prices Of farm pro
duce, thing which ho regarded as most
desirable, and as absolutely essential 90
the prosperity of the country. ilo was
extremely nu1iOus Ga take bold of and CON
troll those great trusts and combinations Of
capital. which were disturbing the com
merce OF the country. lie did not want,
however, 10 20 60 the extent OF interfering
WIN organizations Nnlch he lupukhl NeIe
absolutely justified 10y the remarkable con
ditiOns Of things IN the country.
George referred TO the knights OF Labor
ns another organization which wonld come
within the scope Of the bill, because the OBJ
icct of that order wRs 10 increase their
wages and consequently increase the cost
of production.
Teller admitted the Knights Of Labor and
all trndea unions in the country we're prac-
tically included in the bill, and suggested