St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-30

securing leases on mineral lands at the
rate of S25 per year for each forty acres
of land and can hold the land for years,
or until the pine shall be cut OF
Senator Greer asked why a bill should
not be introduced at once III place OF
resolution. He thought that any evil
doing should be stopped at once by a
law.
Senator Spencer inclined to the view
that Il resolution would not be effective
10 stop the leasing ana favored the IN
PRODUCTION of n bill.
Senator (Fym2n said the auditor
would sion issuing leases ii the joint
resolution should be passed. 1t would
take time to prepare and pass suitable
bill. In the meantime the state might
loose many thousands of dollars worth
of property.
The Joint resolution WAS passed under
a suspension of the rules.
Chef Clerk Bowling, OF the house. re-
ported the passage by that branch OF IL.
+. No. 100, being q Joint resolution rec
0mmending the election OF | hlted states
senators by direct vote Of the people.
tn,Iti, Keeps His seat.
Senator ". b. johnson, OF the COM
mitee on elections, reported on the
contested election in the fiftleth dis
trict. accompanied with Il resolution to
seat Senator J. ii. Smith. The motion
10 adopt tie report was amended by
Senator Ringdal providing for reading
the evidence in the case.
Senator Stevens motion to make the
matter The special order fer 2:30 =. II.
prevailed.
AL the afternoon session the senate
ind tn an,NSlfl.av tfn rPnArt or me
committee On the cDntest after Presl-
dent Day announced that 10 be the
special order.
Senator Stevens read the law relative
to proceedings in contested election
cases. and stated that the attorney gen
cral had given an opinion to the effect
that there is no contest, for the reason
that the law covering contests had not
been complied with. Tie committee,
acting upon the opinion or the attorney
general. had reported a resolution III
favor OF seating Senator Smith. Ihe
opinion was read at the request OF Sell
ator Stevens, who then proceeded with
his discussion. and suggested the I'M
pOrtance Of complying with the law III
contested election cases. a contestant
might as well serve a copy OF page or
an almanac as notice OF contest that
was not lit accordance with law.
Senator Stevens moved the adoption
of the report Of The committee.
Senator McIlale suggested that 1t
would be
Sca7at Courtesy
to cut off an opportunity to he heard.
Senator Stevens interrupted to say
that he mad made the motion to cover
parliamentary form, but favored hear
ing both sides Of the contest.
Proceeding, Senator McHale opposed
the adoption Of the resolution, and
spoke III favor Of his amendment to
hear the contestant. He said that from
what he heard he was inclined TO be-
lieve that Senator Smith is entitled to
his seat, but thought it would be cour.
teOus to hear both sides.
Senator Yale suggested that 1t would
be bad precedent to hear contest
that had no standing because OF lack OF
form
Senator Morgan argued that the stat
utes should be complied with in such
case. II Il proper notice could be dis
penscd with, the giving of any notice at
all might with equal pIoDriety be dis
peHsed with. He believed that the res
olutiOn should DE adopted.
Senator McHale said no opportunity
had been given TO the contestant to be
heard. lie had no advocate i'll the SEN
ate. and the speaker was not his adYo-
cate. The senators had right to hear
from the contestant as to what he had
TO say as to the sutficIcncy Of the notice.
Senator Mcua!e thought 1t would be
time we'll spent to hear both sides.
Senator Stevens offered resolution
allowing a hali-hour TO each side 10
state their position on the contest.
Senator Mcnae said that WAS all he
desired and he would accept the SubSti-
TUE for his amendment.
The substitute offered by Senator c.
venS was adopted and at his suggestion
The names Of Il. NJ. PrCbsttieid, the con
testant, and of SenatGrSmith were called
TheysWere present and Mr.. Probsttield
was granted permission 10 be repre-
scented By +. &. Clark and A. b. Bow6
as counsel. Mr. Clark was given per-
mission 10 present the case Of MI.
Pr0bstlield. MIR. Clark claimed that the
notice was sufficient and that the law
does not require a statement to the
effect that the contestant is all elector
or to name two parties Of the place be-
fore whom the contest should be heard.
Mr. BoWe also made an argument in
addition TO that Of MI Clark III favor Of
Mr.. Pro5SttieId, and asked that the sem
ate hear the facts iii the contest, and
quoted decision Of the supreme court
iii support of the theory mat the senate
could take up the case, Notwithstanding
the fact that no evidence had been
taken before justices Of the peace, an d
the notice had not stated that the con-
teStant was an elect0r and candidate.
and had not named two Justices before
whom evidence should be taken.
Here Henry Johns presented the side
of Senator Smith, and went over the
grounds covered in the letter of the
attorney general. He declared that
there is no Instance in this state or in
congress of q contest being heard with
cut evidence beng taken or proper
notice given. 70 establish different
rule would
Open tfae Door
for any one to come before the legis-
lature and contest seat without notice
or evidence Of any kind, and put SELL
atOr or member to annoyance and eX-
pense to defend his seat.
Sen atOr Greer asked if there had been
any offer to produce evidence before
the committee.
Mr.. Johns said that there had been an
offer to prove that precinct had been
counted that should not be counted for
Senator Smith. His view was that 4
record Of the evidence should have been
made before two Justices Of the peace
as the law requires.
Senator Morgan said lie had not found
anything to convince him that there is a