The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1891-03-28

| ow Dem. 5,16o AMI L. c. Cha l,l50
giving Horton 40 plurality. On jan.
- Mr. Morrow filed notice OF con-
test on the following grounds:
First, that there were gross irreg-
ularltles and frauds In the conduct OF
election and counting the ballots IA
Iudson. Under this IL Ia claimed that
there were only $50 votes cast for
senator while SS7 were returned by
the board. and that for county clerk
the board certified and returned
total OF 900 votes. or IL more
than could have been legally east;
that {. &. Pease, a deputy sheriff
was gatekeeper at the entrance I'D
the booths and at tho close OF the
polls acted as an Inspector, though
he was not sworn; that the ballots
on the completion OF the count were
thrown into a booth anu left ungardCd
ana that iiIures on the tally sheet
We're changed The contestant also
made the following claims:
second, George b. Horton. at the
date OF election, and for a long time
thereafter, was postmaster at Fruit
Ridge, having held the Office for sew
eral years, and until his successor was
qualified nnd commissioned, which WAS
not until December last; therefore he
was ineligible to the Office OF senator
In the legislature, and all votes cast
for him were void
Third, there were illegal votes and
gross Irregularities in the city OF
Adrian, whereby petitioner was de-
prl,cd OF several votes, and unlawful
ballots were given George Is. Hor-
ton. (a) In the Third ward OF Adrian
college students not residents OF Adrian
but residents OF other states, were
by a Republican board registered ana
their votes received. Other voters in
this ward were Illegally aud unlaw-
fully refused registration, ana deprived
OF the right TO vote, who II permitted
TO east a vote would have voted for
petitioner. 90 In the Fourth ward
during temporary absence OF the chal-
lenger two Republicans not registered
were permitted 10 vote. and voted for
Mr.. Horton, euch votes being Illegal.
Fourth. the ballots furnished by
the secretary OF state were not uni
form In color or wei lit, ana so marked
was the difference that there was no
secrecy In the ballot, whereby many
Republican voters IN the fenr ~ their
employers were constrained To vote
for MIR. Horton, who would otherwise
have voted the Democratic ticket or
portions thereof, including petitioner.
In the strong Republican precinct OF
ogden the inspec tors prepared a bal
lot-hoX with transparent glass sides,
80 the color and kind 81 ticket voted
could be easily told by the voters, ami
the secrecy OF the ballot was thereby
eyaded and ignored 20 the detrimcnt
OF the petitioner"
In tn report made To the senate on
the Gath OF February by senator
Park, the report on which Mr.. Horton
was unseated, there tx no reference
made to any OF these counts except the
g..,. ..I. "a ~ NH
ton Mr.. Horton was holding the OF
flee OF postmaster and was therefore
Ineligible.
ON the 18th OF January Senators
Park, Miller. Wilcox, Mines md Gar
yolink were appointed committee TO
investigate tho charg made In the Pc
tltlon and protest. They proceeded TO
Adrian and Hudson and examined wit
ncsscs. ON their way back from the
last meeting at which they took evil
dence, Senator's Mines aud Park had
some conversation, in which senator
contestant hadsno cgse at all. SEN
ator Park responded, Il do not think
we have any cnse unlcs3 10 IL on the
postOifice matter. We have room Tor
argument on that."
Two weeks later, when senator ME
mes was away onseommittec duty, the
attorneys In the ease camc 10 Lansing
and made their arguments.
On Monday, Feb. 10, Senator Horton
went TO senator Mines and asked "
his case could not be disposed ~. He
was DESTROYS that the comHl;tec
flUuld 1T together anu report one
way or the othCr Mr.. Mines asked
Park about II, aud the latter said that
he had been away on the fisheries com
mittce and had had no tame 70 call
the special committee together He
did not think he could do IL until after
tne HO-daY limit, AZ h had great
many bills 20 prepare. Mr.. Mines saw
him again few days later ana urged
that the committee be got together.
Park again said that he could not do
At until after the 5O-day limit. Sen.
ator Wilcox also urged Park 20 call
the committee together, and with the
IA me result.
This was the condition o, tho case
on the morning Of Feb. 81. Upon
that day. In the absence 81 other mem.
bers OF the committee. Mr.. Park made
n report which rccitcs the action OF
the senate In giving the committee au-
thority 20 act and continues:
In pursuance OF the above action OF
the senate. the committee met az room
., Emery house, Adrian, on the 2oth
OF January, NJ . A. ~, all members OF
the committee being present. which
met from time to time at the said
place and also at che village OF Hud-
ION, and took all testimony offered by
the respective parties, until said case
was closed, which said testimony IL
herewith submitted 10 the senate.
Your committee further report that
on the lth day 81 November, 1890,
Mr. Horton wac In fact ana TO all In
tents and purposes. postmaster, act
INK under ana by virtue OF hls commits
sion issued TO him long time prior
thereto by the United states govern
mcnt, he having control OF sall office
and was liable for all misdoiugs per-
tanning thereto. IL was cOntpn1cl by
counsel Tor Mr.. Horton that he had
resigned his Office on Nov. 1, the IN mo
10 take immediate effect. aud that
this relieved him OF his disQuallica-
tlon. The undlsputed facts In connec-
tion with this proposition are as fol-
lows; Horton tcatified that he mailed
bis reslgnation TO the department at
Washington Nov. | and IL appears
In the record that his successor was
not appointed until Nov. II, that nc
qualified on the 18th day ~ govcm-
Der, and that his commission bears
dnte dec. following.
we think this IN clearly n violation
81 section y, article 8. oi the constitu-
ton oi the state OF Michigan, and have
fully decided that all votes cast Tor Mr..
Horton, while holding the office OF
postmaster as aforesaid, were abso-
lutcly void"
II VIII be noticed Tint THE purporta
70 20 report or the Whole committees
when. ne matter OF fact, the commit
tee had not been called together to
consider the evidence, had not seen
tile report, haG not drawn any report
lie prcscntation by Senator Park was
and had not apthor.zcd any report.
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