[ No. 11. ] MAJORITY REPORT of the Committee on Elections, in the contested election case of Charles T. Harvey vs. Ebenezer Warner. The Committee on Elections, to whom was referred the Memorial of Charles T. Harvey, claiming the seat now occupied by Ebenezer Warner, present the following majority report: The Committee of Elections, to whom was referred the Memorial of Charles T. Harvey praying for reasons therein set forth that Hon. Ebenezer Warner be excluded from the seat he now holds in the House as Representative from the District composed of the counties of Chippewa, Marquette, Schoolcraft and Delta, and that said memorialist be permitted to hold, occupy and enjoy the same, with the rights and privileges accorded to a Representative of the State of Michigan, herewith report that they have had the same under consideration, and that the parties interested have both personally appeared, and also by counsel; said Warner by Hon. A. W. Buel, and said C. T. Harvey by Hon. Dexter Mussey. Said C. T. Harvey has presented, as his evidence to substantiate the allegations set forth in his said memorial, a copy of the appointment of Hou. Ebenezer Warner as postmaster at Sault de Ste. Marie, on the 18th day of May, 1858, and a certificate of the Postmaster General that he has continued to hold said office from the date of his commission up to the 14th day of December, 1858, the date of said certificate, which is reported back herewith, marked copy A. Mr. Harvey has also presented a copy of the oath and bond filed by said Ebenezer Warner as Sheriff of the county of Chippewa, bearing date Dec. 2d, 1858, and Dec. 6th, 1858, with a certificate of the Clerk of said county of Chippewa, bearing date Jan. 1st, 1859, certifying said oath and bond to be true copies of the oath and bond filed by said Ebenezer Warner as Sheriff aforesaid, which paper is herewith reported back marked copy D. Said C. T. Harvey has also presented your committee with a certified statement from the Secretary of State, of the votes cast for Representative in the district composed of the counties of Chippewa, Marquette, Schoolcraft and Delta. Said statement shows that there were no returns from either of the counties composing said district excepting the county of Chippewa, which said statement is reported back herewith, marked "“E." Your committee have submitted the evidence presented them to the Attorney General, and asked his opinion thereon, which is also reported herewith, marked "F." The foregoing evidence, or papers, have been submitted to and examined by the counsel of Mr. Warner, and said Hon. Ebenezer Warner was called upon to submit any evidence now in his possession or control, short of sending for persons and papers, and your committee were informed by his said counsel that they had some documentary testimony, but that at the present stage of the proceeding they had no testimony that his said counsel could conscien tiously advise his said client to submit to your committee. Your committee were also advised by the counsel of said Warner, that from statements made to him by his client, he believed said Warner had a good and valid defense to the charges preferred against him by your memorialist. But that in order to obtain and present the evidence necessary to defend his right to his seat, it would be necessary that your committee be empowered to take testimony, and to send for persons and papers; and said E. Warner has filed with your committee his said statement and motion, in writing, which is herewith reported back, and marked "G." From a careful examination of the case as presented to them, your committee are of the opinion that said Ebenezer Warner was holding the office of Postmaster on the 28th day of September, 1858, and that he must have been holding said office on the 5th day of January, A. D. 1859, when he appeared and took his seat as Representative. It is also the opinion of your committee that said Hon. E. Warner was elected to the office of Sheriff of the county of Chippewa, at the last general election, and that he must also have been holding said office of Sheriff, in and for said county of Chippewa, on the 5th day of January, 1859, when he appeared and took his seat in this House. Your committee, therefore, report back the memorial of Charles T. Harvey, the contestant, together with the papers that have been submitted to them, without recommendation, and ask to 'be discharged from the further consideration thereof, for the reason that they are advised said Hon. E. Warner will claim a hearing before the House. S. F. BROWN, Chairman, A. NEWMAN, J. W. PHELPS. will be increased by delay, while the treatment of patients will be more difficult and less successful. Every motive of economy then, as well as the dictates. of humanity, require the vigorous construction and speedy completion of the Asylum for the Insane at Kalamazoo, and your committee respectfully recommend that the amount asked for by the Trustees of the Institution be granted for that purpose. Your committee are under obligations to Dr. Van Deusen, the Medical Superintendent, Mr. Montague, the Building Commissioner, Mr. Kellogg, former Superintendent and Mr. Woodbury, one of the Trustees, for valuable aid in the performance of our duties, also to the citizens of Kalamazoo generally, for their kindness and courtesy. ALONZO SESSIONS, Committee. |