Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-27
THE CONTEST UNDECIDED.
Senatorial Committee Of the Whole Listens for Four Hours
to Arguments Of Attorneys and Whole Matter
Went Over to Tuesday Morning

The Washburn-Crane contest case
was completed in the COMMITTEE of the
whole of the senate yesterday so far
as the arguments of counsel are con-
cerned and the committee took a re-
cess at 5 o'clock yesterday afternoon
until 1890 Tuesday morning, when
those senators who desire to address
the committee will be given an oppor-
tunity ito be heard.
Mr.. Pollock, of counsel for Mr.
Crane, occupied the morning session
of the committee yesterday and pre-
.sented the contestee's side of the case
clearly and earnestly. In the course
of his argument questions were asked
frequently by members of the SEN
ate and there was a sort of running
different phases of the case. Mr..
Lowell replied in behalf of Mr.. Wash
burn at the afternoon session.
n At the close Of Mr.. Lovell's argu-
ment Mr.. Pierce stated that a caucus
of republican senators would be held
in the evening.
Mr.. Mcdonald, with some heat, i'm
quired why republican caucus was
necessary, as the matter was one that
should be settled upon the issues and
facts presented.
| Mr.. Regan raised a point of order
that Mr. Pierce had merely made an
announcement that was no part of
the proceedings OF. the committee.
Mr.. LaMoure thought Mr. Nc
| Donald's interogatory was proper, burt
the chair held with Mr. Regan, and
the inquiry proceeded no further
Mr.. Pollock, for contestee
Mr.. Pollock began his speech by
calling attention to the fortunate cir
cumstances of the contest. We CON
graduate ourselves he said, s'that
! in this contest there is not that bitter
ness of feeling between the parties
which frequently characterizes mat
tiers Of this kind He paid high
tribute to the character Of the con.
testant and also the witnesses whose
testimony seemed on the whole fair
and honest.
He suggested that the ordinary
rules Of evidence should be followed
as in court room, although the
senators were law unto themselves,
and at liberty to disregard any Of the
rules Of evidence if they saw fit, and
from their decision there could be no
appeal, '5.s VI. RI
| Tracing the preliminaries Of the
case, the filing of a notice, answer,
and preparing Of testimony, he said,
| Notwithstanding the ability and fair
mess of contestants counsel, he has
override every rule of evidence in
the conducting of this investigation.
That is a broad statement to make.
but he has made his course to pursue.
and by 1t he must stand or. fall. =
All evidence in regard to the ballots
would come under the line Of second
airy evidence, and of itself furnished
the best Illustration of the necessity Of
being guided by established rules Of
evidence. Testimony as to the APP
pearance of the ballots was secondary
as there was physical evidence obtain
able Of which they attempted to give
oral evidence. Evidence concerning
ballots was objected to. by the mem
Der elect when introduced on the
ground no proper found alton had been
laid for such evidence. No testimony
was offered that the ballots had been
destroyed or could not be produced.
There Is every reason why the rules
OF evidence should be applied, and the
counsel then gave an imaginary case