The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-12-02
From Mondays Daily.

Benjamin Taylor declines the propos
tions made by S. ID. Works, who
called upon to defend his right to
seat in the state senate. Mr.. Taylor
letter in reply to one received frOl
Mr.. Works is as follows:
Mankato, November 2S, 1910
Hon. S. d. Works, City Dear Sir:
Your favor of the Goth inst. in
reference to. the pending senatorial
contest is at hand. 1nasmuch as
the county canvassing board mere-
ly canvasses the returns sent in
from the various precincts and
does not see, handle or recount
the ballots nor have any ,jurisdic
ton to hear or determine any OF
the matters in controversy in this
contest, it is idle to suggest that
the Irregularities, complained might
have. been called to the attention
of the canvassing board.
With reference to your PROPOSE
ton for a compromise. settlement
OF the contest, it will require only
a little reflection on the part of
one as familiar with such matters
as you are to realize that neither
of your propositions is such as you
could reasonably expect me to ac-
cept. ']r.1~
In the first place, in all proba-
biFty, a reapportionment bill will
be passed at the coming session of
the legislature. In that event the
terms of all senators would expire
anyway and their places would be
filled at the next biennial election.
Therefore your offer to resign at
the end of the coming session is
matter of no inducement as your
term would probably be ended at
that time by. force of statute.
In your second proposition you
suggest that the case, as it stands
at the present time, be submitted
to three judges of the district
court. To this proposition three
answers readily suggest themselves.
In the first place the statutes of
the state provide Il method of pro-
cedure in these contests and pre-
sumably the peoples representa-
tlves have provided that method
which experience has shown to be
the most expeditions and the most
satisfactory to the people Of the
state. We are pursuing the
method so provided and the only
method by which we can secure a
recount. In the second place, no
evidence has yet been introduced.
The notice fixes the time for COM
mencing the taking of evidence for
the 10Th inst. Hence as the case
now stands, there would be moth
ing upon which the three Judges
could pass and no basis for any
findings whatever, and the only
alternative left to them would be
to dismiss the matter Perhaps
you had not thought of that phase
OF 1T, | assume not. But i'm the
third place, granting that the case
was Ill shape for u hearing, | have
only to remind you that the con-
stltutlon OF the state provides that
each house of the legislature shall
be judge of the election and eligi-
billty OF it's members, and also to
remind you that our supreme
court has repeatedly held that the
courts have no. jurisdiction to hear
and determine controversies to
seats in the legislature. Hence |
do not think we would find three
Judges in the state who would con.
sent to hear such a case; and if we
did find such, the senate would
have no authority and would be
under no obligations to accept
their findings. The senate would
have no right to unseat anyone
who held certificate of election
except upon contest properly in
stituted and prosecuted as provid-
ed by law and having 40 right to,
we must assume that they would
not. -.
While l appreciate your desire
to terminate the controversy as
quickly and easily as possible, I
must decline to enter into a stipu-