St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-04
DURANT'S CASE
As Set Forth in the Minority Re-
port Before the House.

As Set Forth in the Minority Re-
port Before the House.
The case upon which Mr.. Durant
rests his claims for the seat row held
by Mr.. DAILY, is clearly set forth in the
report of the minority on the house
committee of elections-Messrs. Capser
and Gallagher. This report shows:
First-From the returns made by the
judges of election OF the district con-
sisting of the First ward of the city of
Saltwater, Grant, Oneka, Forest Lake
and Marine, it appeared that Mr.. DAILY
had received a majority of twenty
three. That upon recount OF the bal
lots in the contest before the two JUS
tees of the peace. the recount did not
materially differ with the returns, eX-
cepting the towns of Grant and Marine
and the First precinct of the First ward
of the city Of Saltwater. Upon a re-
count of the ballots of the First precinct
Of the First ward of the city of Still
water, there were found forty more
votes for Mr.. DAILY than were given him
by the judges of election in their re-
turns. 1t is deemed of the
Highest Importance
that the facts In connection with the re-
count in that precinct should be thor
oughIy understood.
The board was composed of James
Foley, eX-cOunty auditor of the county
of Washington; William Weiss, re-
tired business man; and A. B. EaStOn.
for the last twenty-five years editor of
the Saltwater Weekly Gazette. These
gentlemen were judges of election. The
clerks were d. l.. Burlingh nm and Pat
rick Williams, Mr.. Birmingham being
the proprietor of a large book and sta
tionery store, and Mr.. Williams is a
bOOkkeeper.
Each of these judges and clerks testify
before the commissioner to take teStl-
nlOny that they believe that their cam
vass ds shown by the returns was in
eyeryDrespect correct. The evidence
shows that the ballots examined before
the commissioner in which Mr.. DAILY
gained forty were found by the said
clerk in his Office the morning after
election upon string tied to gas jet.
These ballots were the
Blue Ballot
used under the Australian system. The
string passing through the center of the
ballot leaving the name of John Daily
and E. W. Durant. which were at the
bottom of the exhibited: these ballots
were placed in that position at about
quarter of two the night before, and re-
manned until $50 next morning, when
they were taken down by the clerk.
These ballots were exhibited in the Of
fee for all those hours, and any one so
disposed could have come in there and
put those forty crosses on those tickets
i'm favor of Mr.. DAILY.
SecOnd-ln the town of Marine the
Judges returned 292 votes for DAILY, and
1S7 for Durant: on recount before the
commissioner to take the testimony.
there was found to be 275 votes for Daily
"a loss of II for HIM, and $50 for Durant
Ia loss of Z for him). but making a net
gain of ten for MIR. Durant.
There was cast at that election one
ballot under the following words: For
representative First district. for senate
E. w. Durant," appeared upon paster.
and were placed over the name of John
DAILY. There were nine tickets voted
which have the words: ''For represent
ative to the legislature" from the towns
of Saltwater, Grant, Oneka, Forest
Lake, Marine and First ward of the
city of Saltwater, ''for senate, E. w.
Duyant." the words "for senate E. w.
Dnrant' being upon a paster, which
DdStCl 10 DlQCCO OfOl udiiC Va OOiiIl
DAILY. Therefore the committee rec
emmendS that these ten ballots
BE Counted for
Mr.. Durant, as 1t is very evident that
the parties who cast the ballots un-
donDtedly intended to vove for Mr..
Durant for representative.
The stickers used for Senator E. w.
Durant were unintentionally mixed
with Mr.. Durant's stickers for repre-
by the printer, Mr.. Seward,
who was called and testified before the
committee that he printed about 500
stickers with the words ''for Senator E.
W. Durant;;" he afterwards found out
his mistake and had the balance printed
correctly; and that they became acci-
IDENTIFY mixed with the stickers that
were printed for Mr.. Durant for repre-
sentative.
The words For Senator E. W. Du-
rant" appearing immediately under the
words For Representative" clearly
shows that the voter intended to vote
for Mr.. Durant, as representatives, es-
pecially when the stickerS were placed
over the name of Mr.. Daily. the oppo-
nent of Mr.. Durant, for the same office.
Third-In the town Of Grant the re-
turns of the Judges show that Mr.. DAILY
received 100 votes, and MIR. Durant rs.
Upon a recount before the commission