Show THE CONTEST it ills 13 interesting aad instructive to read the discussion at length as it took place in tho the house of representatives senta tives on the alt on the cannon campbell contest and published in the C congressional on gressional record which we have just received agrest A great number of representatives took part in the dings ut of course mr Hn haskell from Ka kansas lisas was the chief champion for the candidate who was not elected dele delegate ate to the forty fortys S seventh congress I from utah A after offering his Ls r resolution c s that alien allen G ll dele gate elect from utah territory is is entitled to be sworn in as delegate to this house on his prima facie case he delivered a lengthy s speech in defense of his resolution he said ho he did not de desire in any particular to touch any portion of the merits of the case as a man may be seated on his prima facie fade right whether he was elected or not in support of bl ins is position the speaker er read a number of extracts irom from a treatise by judge ap mccrary oa om ako tko A laws of election M mccrary saye it is elou it for fora a prima primal bacu facu case if ii the certificate certificate comes froit from the proper officer and clearly shows that the person claiming in under it has been adjudged to be elected mr haskell argues it is not a question whether beef legally elected or not at af the same time the speaker contends that the tile certificate held by campbell is prima facie evidence that teat lie lib hn lira been elected and that therefore lie bt ought to be biorn sworn in in now judge mccrary speaking of certificates of election also L say if it contains a statement I ln ifune equivocal qui vocal terms of the result of the election it ia y enough for a prima prim a fade facie case but the same authority further says yet something may appear on the face of the certificate itself that may destroy or r impair its value as prina facie evidence the re reading adino of the certificate proves that it contains statements that arc are equivocal and that something does appear on the fa face to of it that does destroy its prima facie value the ill e la laws s revised statutes I of the united f states tatai section 1862 1802 plainly says the governor shall issue the certificate oi of election to the person having the greatest number of votes but governor murray gave a certificate to campbell certifying that he was the person being a citizen of tho the united states over tho the ago of twenty ono one having the greatest nun of f and was therefore there ther toro etore duly elsette as delegate bethe t the Con congress grems these interpolations in th the crt cartis bosk contain statements which aro are not unequivocal and therefore pro prove ve fatal to its value mr haskell gald said lie had bad in his hand other certificates similar the one issued by the governor utah and among them was ivas one from governor neil of Idaho which was issued to hon aco Ainslie and on which ke ife was admitted to the floor of the house at this juncture mr ur ainslie arose and said if I had bad been a I mormon V the governor of my terri torry terry would undoubtedly have given a certificate against me notwithstanding I had a majority of votes mr haskell thought it would bo be plain to the house that he be had established the fact that the persan person meaning campbell Campb cU holding the Go governors Gov emers verners certificate was the person entitled to a seat but many other members of the house did not think so for governor Il urray has undertaken to prescribe the qualifications of a Dc delegate legate belong alone to the house of rap rep Meeta tives to decide his nis eions in this matter were ere roughly handled and strongly denounced by by many of the th mem member bein mr cox of new york defended clerk adams adami in placing the name of geo Q Can nonon the roll he acted not on the governors certificate alone but on the whole record which had bad been printed and among the statements are those of the governor in relation to the election in alich eh he ke says the returns opened by the secretary of tho the territory in his pr presence dence show that geo Q cannon received votes and alien allen G campbell received 1857 1357 voles votes sir cox said also at the lie paper time ho lie would bring the records to prove that mr cannon was a citizen at nt 66 time of the election but whether mr ir cannon bo be or be not a naturalized citizen was not for the governor to decide his ipse apse dixit on conuch faich a point is utterly void ar mr burrows of michigan Uichi z gan made a very ablo able speech aft after e r reading the 1862 sect of f the revised statutes of tho the united states in rela tiou to the duty of f the executive in ill issuing the certificate he said there is the law and there is tho tile certificate presumed to have been issued in purs nanco of that law air now try the law of the united states which ohavo o just quoted the governor is nia mado lo 10 the certifying officer in the matter of the election of a Del delegate opte and is required by tho the terms the thereof roooto to declare and certify to certain things and here it is important to inquire into the tile extent of his authority and ft aliat liat fact pact or facts he lie ia is ampo ered to certify to fort is a wall w en settled dirin principle ciple of law that a certIfy certifying in icer can only certify to such facts aa as the law requires him to certify and he lie is powerless to go beyond that in support of this bo proposition position I desire to road read a single paragraph ara graph from mccrary on the law of election 11 llo says tho the law is all well settled settle s that stat ute certifying officers can it on only make their certificates evidence of a tho facts which the st a tote requires them to certify and when they undertake to go beyond this and nd certify to other acts facts they are unofficial and no more evidence than the statement of any unofficial person the rule of course applies tolo election returns and to aal certificates which are by law required ired to bo be made by the officers offic cra of certion cec election tion or of registration or by the returning acera they can call only certify er to euch such facts as the law requires them thein to certify now in this recognized doctrine let us see what the law au theorizes th orizes the governor to do I affirm that under this act not ho lie is required to do only one thine to wit de declare elare the person perso and and the law designates i horn whom 04 erwim filial be beauly duly elected that is the very language langua ge of the in law W and lie be is authorized to do nothing more i in malling the tile debara declaration tion the law it will be observed leaves leates the governor no discretion as to the person to be so declared duly elected for it sav lie shall dec declare larb the person duly elected who receives the highest lium ber of votes be the person having linvin the greatest number of of votes that is tobe declared duly eloc elected ted and it cannot bo be anybody else the governor liedl learn before demakes he makes the declaration only one fact to wit who hid had the largest number of votes and when that fact colesto comes to the knowledg of the governor the in law w steps tops in and says he shall declare such person duly elected ejected that is all there is of it adt in this certificate toll to graap P belthe bIl bIll the governor was not extent with that lie lind the certificate to the person having the big highest bliest number of votes or that the person to whom he gave the certificate had received the greatest number of votes but he lie makes a statement in the body of tile cato cate in relation to who had the high esi est number of votes Totes now I hold that the statement de destroys tho presumption that campbell had bad the highest number of votes and shows that tile governor did not make the declaration of election in favor of the person havin having the biz hest number of votes I if f that be so then the law is not complied with and the certificate is not valid A certificate otherwise complete may be destroyed by some statement showing the law aw has not been complied with 11 the campbell certificate shows in the body of it that the law in regard to it has hns not been complied with it contains extraneous matter and is therefore void As it was agreed antho house by the speakers on the subject that polygamy or plural marria gehad nothing not nothing hinc to do with the contest as air ir cannon received an overwhelming majority of votes at tho the election and as it will bo proved that he asp is and w wa q at tit the time of tho the a citizen of tho the united states lii ao be aarde hiis s seala t the 1109 ae of representatives t of the con C on |