The Butte inter mountain., 1903-01-20
He Fears the House May
Be Too Long in Unseat-
ing Him and His.
BOOTH MAKES REPLY
Committee on Privileges
and Elections Holds EX-
eCutive Session.
SPECIAL 10 rItE INTER MouHrAiv.

StEA lNla ~ III ~ AAh NlbA y ihiN'
Helena. Jan. so.--Mr. MaeGnniss Of the
Silver Bow delegation will not vote upon
the recommendation of the house commit
tee upon privileges and elections OF which
he is n member That this had been
agreed upon was given out last night after
a meeting OF the committee at which the
arguments OF counsel were heard, repre-
senting both sides of the controversy in
yolving alleged election frauds on the part
OF the fusionists sent to the legislature
from Butte.
Mr.. MacGinniss stated to the other
members OF the committee that he would
claim no right to vote upon the proposition
when ii was ready to report its findings
to the house.
The committee met at 7:3o o'clock IN
the rooms OF II. l.. Frank at the Grandon
hotel, and after little preliminary skir
mishing w. {. Jones. representing the
contestces, began his arguments. based
upon the alleged insuhiciency OF the show
ing made by the contestants to warrant
consideration by the house.
Jones Reads the Law.
Mr.. Jones read and discussed the
statutes regulating the commencement OF
contests. and while he admitted that il
was within the power OF the house 10 in
ahbuIdlt NbDltsl al any lllnt, ne main
tanned that the law providing the method
and procedure to be followed had not
been complied with by the democrats who
brought the contests.
lie declared that the aihdavits OF the
Contestants, which form the basis OF the
contest and which were filed with the sec
retary of state, did not allege the facts
OF fraud as being true" in accordance
with the wording of the statute but were
based upon information and belief"
lie further maintained that the contests
were not properly before the house. for
the reason that testimony had not been
taken before justices OF the peace and
transmitted to the house. and that the
contestees had never been served with a
statement OF the proposed contest with
notice Of the time and place for taking
such testimony, etc, as the law prescribes.
Takes Too Much Time.
Mr.. Jones then wandered into review
OF what he supposed the testimony would
be IN case the house decided to hear the
contest, and urged as one of his prin-
cipal arguments why the cases should not
be heard that il would take up more Of
the time OF the legislators than they should
devote TO the subject.
In fact, counsel for the contestees an
peared to be under the belief that the
members would be frightened away from
inrther consideration of the contests by
the fear that the work involved in dely-
ing into the frauds OF Silver Bow county
would be greater than they wished to
undertake.
The only judicial decisions depended
upon were those of Judges Napton and
Smith OF this state involving election
cases, but not legal parallels. lie referred
40 'hat quite wonderful decision of County
Attorney Peter Breen OF Silver Bow, in
which County Clerk Roberts was advised
not to recognize the contests for the
reasons that petitions had been filed by the
eontestees disputing the afidavits of the
contestants, and 1t was upon this advice
that Clerk Roberts refused to designate
two justices before whom testimony should
be taken, making it necessary for the con-
tests TO be inaugurated by filing of affda-
Wis with the secretary OF state.
Attorney Booth Replies.
In replying Edwin s. Booth, for tie
contestants, called the attention of the
members OF the committee to the laws and
preeedents governing congress, maintain
ing that contest might be inaugurated IN
any way the house might order; in fact
ne argued, IT was not even necessary that
there should be contestant i'm order for
the house to pass upon the right of a mem.
Der to his seat. In this connection he
cited the case Of Representative Roberts
OF Utah, who was unseatcd by the nationa,
house because of his polygamous prac
tces. 'Ne
In this case the house elected to take
notice of the conditions of his election
without the necessity of formal contes
being filed. So it was with the presen
case he urged, There need not neces
sarily be any charge of fraud, but shoulc
It De apparent that fraud had been com
mitted it was within the power of th
mouse to inaugurate a contest for the IN