The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-02-09
The GENERAL ASSEMBLY
SENATE ORDERS BALLOTS IN THE
EIGHTH DISTRICT COUNTED.

Minority Report i'm Regard to AvertIl-
Callahan Contest Was Accepted-Two
Hours of Debate on the Matter-Bill
for Repeal of Poll Tax Lay-Other
Bills, Resolutions and Petitions Pre-
sented Yesterday.
The senate at - o'clock yesterday
TOOK up the committee reports on the
AVerill- Callahan election contest and
after debate lasting two hours and a
quarter voted by a vote of IA to 10
to reject the majority report of the
Mr.. Averill be given leave to withdraw
and to accept the minority report.
which recommended that the ballot
boxes in the Eighth senatorial district,
the city of New Haven, be opened and
the ballots counted. The order of the
Gay was taken up on motion of Senator
Hall, chairman of the committee on
contested election. Senator Vinal NOV
ed that the minority report be accepted.
Senator Hall then made a long and
powerful argument for the adoption of
the majority report, saying that the
count on the night after election was
unprotected for several days and that
the contest was based on a mathemat-
1cal calculation made several days af-
ter the aInntiOn that hI1r1pr1 nf
proof rested with the contestant to es-
tablish his claim and that he had not
done this; that the contestant must
prove prima facie that there was error
in the count and that he had not done
so, and that he must show by pre-
ponderance Of evidence that a correc-
ton of alleged error would benefit him
and that this had not been shown. Sem
ator Hall argued that all these things
must be done in order to warrant the
senate in ordering the boxes opened and
the ballots counted.
He said that to open the boxes would
establish bad precedent and while
admitting that the senate had supreme
power in the matter he said, while we
have the strength of giant, it be-
hooves us to use the wisdom of a Solo
mon He referred to the precedent es-
tablshed in 1898 by the senate in which
there was a democratic majority and
said that at that time the senate voted
in the case of a democratic contestant
not to order the ballot boxes opened.
When Senator Hall had completed his
argument, Clerk Scott of the senate
read the majority report, signed by
Senator Whitlock. Senator Plimpton
said that it was not unusual that
minority report was adopted, and said
that the only way to settle the ques-
tion was to open the boxes and count
the ballots. He said that he had not
the slightest prejudice in the matter
and, if anything, his sympathies were
with the sitting member.
Senator Barnes spoke in favor of the
majority report, saying that he was a
good friend of the contestant, but felt
Obliged to vote for the majority report.
He said: eff it is true that we can come
here and do as we please about this mat
ter, paying no attention to the recon-
mendation of the majority of the COM
mittee, what was the use of paying
money of the state to bring booth ten
ders and other witnesses here to testi-
fly Just let man come and say, Here,
I am beaten by 200 or 300, and I want
you to seat mel aud then vote to seat
him, Notwithstanding the other man has
received the most votes"
Senator Hall spoke again referring to
the mention of check list of the Third
ward offered in evidence and mentioned
in the minority report, and of the men,
ton in that report of ward politicians
and the plea that the senate save the
contestant from them. Mr.. Hall said
1.-THE republicans are in power in New
Haven now They have the mayor and
all. and now they come here and say to
us, we can't run things, for Gods sake
help us out" He moved that when the
ballot was taken on the adoption of a
report of the committee it be by aye
and nav. and it was so voted.
Senators Smith and Kennedy also
spoke in favor Of the majority report
and the vote on Senator VinaPs resolu-
ton mentioned above was then taken.
1t resulted as folows
For minority report-Senators Pllmp-
ton. Goodrich, Kendall, Muzzy Chltten-
den. Burton, Burnham, Lounsbury,
Keeler, Whitlock, WEIGH, Mitchell, AL
colt and Vinal-14.
For majority report-Senators kenne-
DIV. Callahan, Smith, Skidmore (demo-
crats) and Pendleton, Barnes, jackson,
Day, Haven and Hall republicans
10.
AS the clerk was calling the roll and
came to Senator Callahan's name the
senator voted may" Immediately |
Senator VinaI was on his feet with an
objection to Senator Callahan's voting, |
and asked that his vote be not record |
ed. Senator Callahan asked the reason |
for the objection, and Senator Vinal re- /
piled that it was because he was an in
.erested party. At the request of Sena-
tor Hall the clerk read senate rule Is,
which provides that no senator shall be
present and vote when a matter in
which he is personally interested is be-
ing voted on. except in cases of contest |
ed elections.
Lieutenant Governor Mills ruled that
AN INEBRIATE INSTITUTE.
WhisLey aud Coffee CIassed Together.