St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-05
E. w. Durant Unsuccessful in
His Effort to Get Into the
House.
A Whole Day Spent in Argu-
ing the Case Before Rep
reSentativeS.
The Tall Pine Adds His ElO-
quence in Behalf Of the
Contestant.
But John Daily Retains His
Position by a Vote Of
Sc to 80.

90 10 50.
The house was occupied the whole OF
yesterday in rounding up the Durant-
DAILY contest. The session opened with
Mr.. Clapp's argument. showing why
Mr.. Durant contested the seat OF Mr.
DAILY for Washington county. Mr..
Clapp clearly explained the ballots cast
in the First ward OF Saltwater, and
strenuously maintained that the unpro-
tected way in which the ballots had
been left by the clerks of election pro-
hibted the house from recognizing the
forty votes Mr.. Daily claimed on the re-
count. He argued that the whole vote
cast in the town of Marine were
illegal upon the grounds that the
judges were illegally appointed,
and that there was an undue
interference with the voters on the part
OF MIR. Daily. Even if the votes in this
township were allowed, he claimed that
Mr.. Durant should have counted for
him certain number of votes thrown
out by the canvassing board. These,
with the votes claimed by Mr.. Durant
in the village of Grant, gave him a
+ majority of three votes. j. n. Searles,
for Mr.. DAILY. combatted the position
taken up by Mr.. Clapp. The evidence,
he claimed, established beyond any
doubt the election of Mr.. DAILY. The
validity of the vote cast in Marine had
not been raised until the last moment.
So far as the appointment of the judge
of election to fill vacancy was con-
cerned. it was no doubt an irregularity,
but there was not one iota of testimony
to show that any wrong had been done
by Mr.. Daily. The fact that the Repub-
lican judge had been elected at the
opening of the polls ON election day
was because there was no Democrat
present at the time, and the law pro-
vided that the polls must open at GER
tain hour. He ridiculed the idea that
any ballots were changed in Saltwater
after the canvass of the votes. There
was nothing to warrant the idea that
sehaIlge which would add to Daly'S vote
!. was ever thought of, because every
body at that time conceded Days elee-
ton. Mr.. Searles worked upon the
sympathies of the Alliance members by
enlarging upon the Alliance proclivl-
ties of the contestee. He was "a
thoroughbred Alliance man."
The noon adjournment followed the
conclusion of Mr.. Searles' speech.
Erwfn's ElOquence.
W. w. Erwin, of St. Paul, took the
floor upon the reasSembling of the house,
and his expected speech caused the gal
lery and the rear of the ''nouse" to be
crowded with spectators. There were
also very few members seats vacant.
MIR. Erwin had been retained to sum up
the case on behalf OF Mr.. Durant, and
his eloquent appeal was listened to with
over the suspicious way in which the
ballots for the First ward of Saltwater
were left unprotected, and how, upon
the recount, Mr.. Daily claimed an addl-
tional forty votes. The manner in
which the election was conducted at
Marine was overhauled and severely
criticized. The evidence showed that
in this town there had been continual
scramble at the polling place, and so
persistent were the workers for the
various candidates that voters when
they reached the ballot box had not the
least idea of the candidates they were
voting for. Mr.. Erwin added:
Who was foremost in this disgraceful workf
The contestee, John DAILY. Who was near
est the sacred ballot box, clawing these vot-
ers and tearing off these pastors and 1mpor-
tuning these men? John DAILY, the contestee.
John DAILY, the supervisor of the election,
who had neglected his duty in regard to the
formation of that board. Mr.. DAILY. seeming
to be unconscious that the entire action was
in violation of the purity and sanctity OF the
American election poll. stood there next that
box and to every man he could summons
and muster courage enough asked VINO ne
was going to vote for, and invaded the Sc
creey of the ballot system by personal ap-
peal.
Mr.. Erwin strongly denounced this
intimidation and interference with y0t-
erS.
McAlIister to the Fore.
1t was verging upon o'clock when
Mr.. Erwin concluded and the case was at
last straight before the house. Mr.. Nc
Allister instantly filled the breach by
moving that E. w. Durant be given the
seat for Washington county then occu-
pied by John DAILY. There were a score
of secOnders, and it seemed as if Durant
was going to land with a whoop. But
no, it was not to be. f. q. Stevens
moved a substitute motion that John
DAILY be allowed to retain his seat. Mr..
blOr9G SeCOIlucQ buiSs dllu LuO uSHI Woo
on. Who would win?
Mr.. McAllister urged the Democrats
and Alliance not to be led away by the
Republican members. They were play
ing desperate game; it was the ruling
power strong in death.
Mr., Gallagher asked Mr.. Stevens ifhe
did not at one time agree that the forty
votes in the recount of Saltwater be not
allowed Mr.. DAILY.
Mr.. Stevens denied this.
Mr. Gallagher-Then my memory Is
entirely wrong, and know it is right.
Considerable laughter greeted this i'll
genious way of getting back at Mr..
Stevens.
Mr.. Capser was next to speak. He
staupehly advocated the claims of Mr..
Durant, and briefly laid before the
house the facts of the contest. The
statement made by Mr.. Capser was the
most concise and clearest that was laid
before the house, and created very fa-
yorable impression. 1t was devoid of
personalities, but just what Mr.. Capser
claimed it to De-a frank, open pre-
sentation of the case.
F. G. Stevens followed with a windy
resume of the case from cOntestee's
point of view, in the course of which he
was interrupted by Mr.. AcAllister, who
incurred: us the gentleman an at
torney tor.the contestee"' The question
raised Mr.. Stevens ire, and he indig-
nantly denied the imputation. But his
Indignation did not squelch Mr.. Meal
lister, who. while denying any imputa-
ton that Mr.. Stevens was the paid at
torney for the contestee, remarked that
the speech of that gentleman was some
thing more than an explanation of his
vote. This Mr.. Stevens denied, and he
proceeded with his speech.
j. j. Furlong favored the seat being