IfeR
,.K!8?»S S a
jaHsaETBsag^aaiM
SEDEOSE DEMOCRAT,
P U B L IS H E D ' E V E R Y
W EDNESDAY,
BY
J . M. S H E P H E R D .
OFFICE IN THE
B E B E C O S ïïSJMOCBAT. B E H B ß i G .
T erms
c
m
o
c
r
t
t
l
.
S ubscription :
of
One year............•••....................................4 00
Six Months,............................................. 2 50
YOL.
BAKER CITY, BAKER COUNTY, OREGON, APRIL 14, 1875.
NO. 49.
SS23S
C orrespondence from all portions of
Eastern Oregon is solid ted for the D emocrat .
All communications, to receive attention,
must be accompanied by a responsible name.
Personal communications will be charged
as special advertisements.
N c w D r u g S tore.
C o r n e r D r u g S tore,
EL XL EraitOTET»
J. f . WISDOM, Proprietor.
Corner o f Main Street and Valley Avenue,
Corner Main Street and Valley Av'enue
Southwest Side,
B A K E R C IT Y , OREGON,
BAKER
S. M . P E T T E S G l IL E, & CO., IO Sta te
Street, Boston, 37 Park Row, New Y ork,
and 701 Chestnut Street, Philadelphia, are
our Agents for procuring advertisements
for the B e d r o c k D e m o c r a t , in the above
cities, and are authorized to contract for
advertising lou r lowest rates.
nSLf
a ro s
"V7e are now prepared to do all kinds of
JOB WORK on short notice and at reasona
ble rates.
N. B.—All Job Work MUST BE PAID
FOR ON DELIVERY.
P E O F E S S I O N A L C A R D S.
L. O. STERNS,
N otary P u b lic .
T. C. H YD E,
S tern s & H y d e ,
p e c ia l t y
.
For Medicinal purposes. Fam ily Medi
cines carefully prepared. Prescrip
tions accurately compounded,
at all hours o f the clay or
n8
night. Give us a call.
tf
MILLKERY AND McT GOODS,
N E W
»«lies Fancy
B A K E R C IT Y , O B E G O K .
M A IN S T R E E T ,...............................................B A K E R C IT Y .
of the State.
Baker City, Sept. 1, 1873. nl7y.
R E ID & FL E T C H E R , Prop'r.
HIS HOUSE has been enlarged and re
fitted, and is now the best Hotel on the
Umatilla and Idaho stage route.
Stages leave this House tor above and be
low, and also for Clark’s Greek Eldorado,
Gem City and Sparta.
Connected With the Hotel will be found a
first class
J. M. S H E P H E R D ,
_A _ttorney- a t - L a w ,
B A K E R CITY, OREGON.
SALOON!
KNOX,
AttoiTiey at Law,
(And Notary Public,)
W E S T O K , <fi> R É < i ( l X .
7ill practice in the Courts of this State and
Washington Territ my.
N PECIAL ATTENTION PAID TO LAND
3 Business, and. Collections.
nl3tf
Liquors, Wines and Cigars of the best
quality. Phelan’s Improved Billiard Tables
all ill good order.
o----- o
N. B.—Those indebted to either the Hotel
or Saloon are requested to appear at the
Captain’s office and settle.
nooyStf.
F
AND
C o n v e y a n c e r ,
7ill attend to Conveyancing and making
ABSTRACT'S QF TITLE.
Baker City, Sept. 11,1872.
nl8tf
E. W. REYNOLDS,
P U B L I C
AND
D E P U T Y U. S. M A R S H A L .
Office with John Brattain, Three Doors
South of B edrock D emur at office,
on side oi tiio btreet.
B a k er C ity , S e p t. <3, 1 8 7 3 .u l7 m t
51. A. M. i
Hi .A. 1ST C D ,
JOSEPH MAN ADDAS, Proprietor,
B A K E R CITY, OREGON.
23E P R O P R I E T O R M A S B o n g h t
the Hotel Restaurant, next door to
T
the Post Office, formerly kept by Sicorfl .&
W hitcom b, and has fitted the same up,in
the best" style as a Hotel, on the French
Restaurant'"Style. He is prepared to ac
commodate the Public, and is determined
to give entire satisfaction.
The House is open from five o ’clock in
the m orning until twelve at night, during
which time customers will be supplied
with the best o f everything to be had in
the
W K J&u 1 B L X £L ':Z E 2 U ? ,
Baker City, July 4 ,1874.-»9tf
F r e d . Ac. B o l m a ’ s
SALOON,
M. A- Queen’s University, VQanuda,
m ! D. Trinity University,)
18o-L
P h y s i c i a n , S u r g e o n , «Sc.
Bamberger & Frank,
and Residence, at A. H. Brown s
former residence, .nearly opposite the Ben-
rock Democrat Ujffice.
Baker City, Oregon, Nov. 10, 137i.-y____
B A K E E C IT Y , OREGON .
FRED. A. BOHN A
i espectfaS ly In fo r m s tine citi-
R, zeus of Baker City and the Public
generally, that he has purchased the inter,
d
- t w
o o d . ,
M. I).
(Graduate of the College of Physicians and
Surgeons New Yoi'k and oi ilier Medic«ii Ue-
partment Ql tiie Willamette Univeisity,)
P
h y s ic ia n
and
surgeon
,
Terms cash, or no patronage solicited.
Office one door north of City D a US Stoie.
n23|
B A K E R C IT Y , O R E G O N .
U*
Designs and Specifications Furnished.
Estimates Made. Terms Liberal,
taker City, Nov. 17, 1874.
n2Sy
s J M’O O R ilO K ,
Importer and Dealer In
Basis, Stationary, Tots, Music Ari
new spapers ,
F R A N K L IN B O O K -S T O R E A N D S A N T A C LAU S
Where will always be found the very best
TOILET ARTICLES
Of Every Description.
Prescriptions prepared at all Hours. City
and Country Trade Solicited.
Best Brands, o f F a m ily G ro ce rie s , T o
b a c c o s , C ig a rs, A c ., constantly on
Hand, at the Lowest Prices.
Baker City, Oct, 7, 1874,n221y
J. 33. GA l R D j NTDK.
3
WATCHMAKEI-t A N I) JE v/E L E E ,
E S T A B L IS H E D IN . B A K E R C IT Y IN 18G7,
Keeps constantly on hand a well assorted
Stock of
>
WATCHES. CLOCKS I JEWELRY
and is prepared to do all kinds of work in
his lir .G of business.
Waltham and Elgin Watches at Factory
n31
Prices
[ tf.
~ PA P LEVINE,
W M D L ÌE S M I'E ' a n d
Brick Building, 105 Front street, Portland,
[tf
TJ ndex t a k e r .
J. W. C L E A V E R
Informs ¡the Public that he is prepared to do
all kind of work in the Undertaking Business
on short notice and at rasonable prices.
Baker 0 % , Oct. 1, 187S.n21tf
S e w iM g M a c h i n e s — A i .d - o v e r
& Baker, and a Florence, both new and
2
the very best—for sale. For particulars, en
n50tf
KETM L
D E A L E R IN
¥ M l f M il) MTODIRS,
T O G E T H E R W IT H A
General Assortment
Of ail articles iti his Line, which he is Selling
at L qwest P rices , for the Ready Pay.
His.house is'located on Main Street, nearly
opposite the Bank Block, Baker City, Oregon.
Baker City, Nov. l l , 1874.n27tf.
S . A . G A IN E S .
Blacksm iths
AND
Manufacturers of B i p s & Wagons.
W direct from St. Louis, Mo., and none
but the very best is Purchased, we are there
ill A R E G E T T I N G O U R T I M B E R
fore prepared to Warrant all our work.
We are now fully prepared to complete any
buggies or Wagons
On short notice, and we can say we have the
Very Best of Workmen in our employ.
Every one wanting a Buggy or Wagon will
save time and money by giving us a call and
examining our work for themselves.
X X c s i c s s © “ ’ ® 1 3 l o o : o 3 l § £ -
Special attention is paid to Horse Shoeing.
All repair work done on short notice. We
are thankful for past Patronage, and still
solicit a continuance.
GAINES & BOWMAN.
Baker City, March 11, 1374.-n44tf
Blaoksmi.th.ing
A - l s o
One of the Finest and Best
L IV E R Y © TA B LE
MESSRS. K lL B ffi & i'E iiK IM
T> e sp e ctfn lly I n fo r m th e C lt-
J A izens of Baker City and County, and
the Public generally, that they have pur
chased the
X j 1 '^ 7 '© I 7 ,3 7 ‘ g S ' f c a / f c i X ©
Formerly kept by John Eppinger, and that
they are prepared to furnish customers with
the best of
GEO. J. BOW MAN.
GAINES & BOWMAN,
W in e s , liiq n o r s am ! C igars.
Single or Double Turn-outs,
Headquarters, Fire-proof
quire at thts office.
S A L O O N ,
To be found in the City. “ Fred” will be
pleased at alt times to have his friends give
him a call.
FLED. A. BOHNA.
Baker City, Jan. 20, 1875. n39tf
B A K E R CITY, OREGON.
Oregon.
ost oi Bob. McCord in the above
Billiard Tables
J o h n JBY C h o r d ,
Carpenter and Joiner,
n !7
For Medicinal Purposes.
A T T H E O L D S tA N D OF
O e f ic e
F *. A
T O WS &
©L ©
N o tàr y Pu ’olio
r ilS lio ,
DRUGS,
MEDICINES,
PAINTS and OILS,
WINDOW GLASS,
VARNISHES,
BRUSHES, and
Tobacco & Cigars,
H. S H IN N ,
N O T A R Y
am i M illin e r y
__ Goods in Store, and Latest Styles receiv
eu by Express every Month, and for sale at
most reasonable Prices.
h and
kinds of
W e s t e r ii H o te l.
I L L P R A C T I C E IN A L E C O U R T S
J O S E P H
STORE,
First door above the Express Office,
eeps c o n sta n tly on
Assortment o f ali
K a Full
Goods,
consisting in part of
Done to Order, and at Short Notice by
MRS; L. J. HUSTON.
Baker City, April 18,1874.-n51mG
ANDREW J. LAWBENCK,
Attorncy-at-Law,
s ;
Drugs,
Chemicals,
Paints, Oils,
Perfumeries,
Patent Medicines,
Soaps,
W ines,
Brandies,
Whiskies and
Cordials,
D r e s s M a k in g
Collections promptly attended to.
June 18, 1873.nGy '
W
OREGON,
AT THE
A ttorn eys* a m i C onjsseioi'S Ai-E.siw,
B A K E R CITY, OREGON.
L . O. S terns will attend the Courts of the
Fifth Judicial District, and of Idaho and
Washington Territories.
Water Rights and Mining Litigation a
S
C IT Y ,
W ould respectfully inform the public that
he has recently received a well se
lected and fresh Stock of
A N D
. WAGON
I
M A K IN G ,
n A l l ti&e V a r io u s B r a n d i e s
carried on by the Undersigned, at their
bhop, at the
Head o f Main Street,
B A K E R C ITY , O R E G O N .
■ He will do as good work, at as reasonable
Prices, as any other Shop in the Country.
J? 1 o w s
Manufactured to order.
S. B. McCORD.
Baker City, Eeb. 10, 1874.u40tf
Buy Your Lumber at the
Old, Eeliable
EbelTs Old M ill.
E H A V E R E F IT T E D T H E
W
Mi 11 and make the best Lumber in
the county, at prices to suit the times.
Either night or day, with or without drivers,
Any bills left at our Mill receive as prompt
at the very lowest rates. Eirst class Saddle
Horses on hand. Horses boarded and the attention in the future as in the past. _We
best of care bestowed. We keep nothing but saw everything from a Lath to the Heaviest
Timbers.
the best of Stock and Buggies.
.
Clear and seasoned Lumber always on
Our stable is at the upper end of Mam
hand.
Street, Baker City, Oregon.
Bills left with J. W. Wisdom will receive
Come and see us, Everybody, and we will
immediate attention. By strict attention to
do our best to please you.
•business, we hope to receive our share of
KILBURN & PERKINS.
public patronage.
„ ^
,
Febvuary 10, 1874.-n40tt
An unlimited amount of Grain taken m
exchange lor Lumber.
ELLIOTT & VAN PATTEN.
March 1 1874.-n34tt.
l i v e r y
s t a b l e
GEIER & KELLOGG
Having completed ¿heir New Stable,
iJ L Systematic.—All persons wlio contem have now the finest and best regulated
»YJEKTISISTG: C heap: good
A'
plate
making,eon tracts with newspapers for
L ivery Stable
the insertion o f advertisements, should send
25 cen ts to Geo. P. Rowell & Co., 41 Park
Row, New York, for their PAMPHLET Book
(ninely seventh,edition), containing lists of
over 2000 newspapers and estimates, showing Where they will carry on the Livery Busi
the, cost. Advertisements taken for leading
ness in all, its branches.
papers in many States at a tremendous re
STOCK
BOUGHT AND SOLD.
duction from publisher’s rates. G et the
.Baker City, Nov. 13, 1872. nlStf
B ook .
n38y
In E a s t e r n O r e g o n ,
AW a n t e d ,
LkLfeiTl Founds o f W heat
O v / » V / v_/ V / at the B edrock D emo
crat Office immediately, for which the high
est Cash priec willbe allowed.
n26tf
AW o o d AW a n te d .
K f v Cord o f W o o d W an ted at
the B edrock D emocrat Office imme
diately, for which the highest Cash price
will bo allowed.
n26tf
turns of Nez Perces county so made with
out objection; and yet refused to canvass
precisely similar returns o f the last elec
T H E O L 0 , O LD S T O R Y .
tion.
And so you’re married—caught at last !
The returns from the county o f Idaho,
W ell, here’s your health my {[dainty j which show 163 votes for Fenn and 23 for
A lice;
Bennett, were rejected on the ground that
You Jilted me—but what of that ?
they were not made out in abstract, on
I shall never bear you malice.
separate sheet, as required by law; but the
same Board o f Territorial Canvassers re
“ Poor” —that was it—ah 1 bitter word,
ceived and coanted the returns from Ada
It seems but yesterday you spoke it;
county, giving Bennett 184 majority, and
I trust he wears a decent coat,
open to th* same objection.
And has a dollar in his pocket,
The county o f Lemhi was rejected for the
I hope hq brings what love demands,
same reason. The testimony o f John H o
And keeps you, proud one. in a palace; gan, clerk o f the board o f county com m is
I always was a graceless dog,
sioners o f Lemhi county, shows by all the
A reckless fellow, Mistress Alice.
returns nfade from the several precincts,
But yet—who knows?—I might have that the votes in that county were cast for
T. W. Bennett and S. S. Fenn, for Delegate
grown
Less wayward, and a shade more en- in Congress; and that he (Hogan) intend
ed to so return them; and if anything else
der,
were shown it was a clerical error. Mr.
And might have softened in the light,
Dear girl, o f your betwitching splendor. Hogan has been for a long time clerk of
the county commissioners o f Lemhi coun
I might have learned in time perchance’ ty, and would not be likely to make two
To ape*tlie fashionable graces,
errors o f the kind described. It looks
And found delight in lisping tongues,
more reasonable that after the returns left
And laughing eyes, and sunny faces.
his hands directed to the “ Secretary of Ida
ho Territory” they were tampered with by
But there ! I’ll turn it to the wall,
The face I worshipped m adly, blindly; some party or parties, and the “ T.” in the
name of Bennett changed to an “ F.,” and
Nor bed*, withal so poor a heart.
the name of Fenn changed by annexing an
As breathe a word of you unkindly.
“ e” thus—Fenne.
I ’ll think you might have loved me yet,
But o f all the frauds perpetrated at the
Had fortune placed me in your station;
election
and on making returns thereof
Or had I been a worthier men,
by the clerks o f the boards o f county com
A nd, dearest, not a poor relation.
missioners and in the canvass ofthe same
by the Territorial Board, those affecting
i ’ll think, or better still, forget,
Nor wrong you with a tho’t o f malice. the vote in Oneida county are the most
May peace, and bliss and jo y be yours, glaring. In that county the evidence
And love and sunshine, dearest Alice- shows that the prefix “ H on.” was a dodge
o f B. F. W hite, Auditor of said county,and
From the Idaho W orld.
the unscrupulous and ignorant tool of
TH E BEILEGA'I'ESIIIP.
Bennett—he having placed such prefix to
T H E L A T E EEECTXOST F R A U D S I Y Fenn’s name in the poll books sent to the
precincts of Clifton and Paris, at which
ID A H O .
places Fenn received 246 votes; and left
E x p o s e o f th e R a s c a litie s o fG o T . B en - Fenn’s name unchanged in the poll-books
u e tt anti Ss is P a ls.
for the remaining precincts. The evidence
D e ta ils ©I'Som e o í 'tl»e F a cts R e c e n tly in that county also shows that three hun
dred and forty-four [344] votes were polled
B r o u g h t to E ig h t.
at Ross’ Fork, Eagle Rock, Pleasant Val
B oise C it y , March 30,1875.
ley, BlackToot, and Market Lake, in which
Every person in the Territory is well precincts not exceeding 115 white persons
aware o f the t a c t that the Hon. SIS. Fenn reside; that at Ross’ Fork, where there
was the candidate of the democratic party was returned 127 votes for Bennett and
last fall for Delegate to Congress. It is none for Fenn; at Pleasant V alley, where
equally well known that Gov. T. W . Ben was returned 65 votes for Bennett and
nett first announced him self as an inde none for Fenn; and at Market Lake,where
pendent candidate for .the same position was returned 33 votes for Bennett and 18
while the Republican,Territorial Conven for Fenn, no precincts were established by
tion was in session , for the purpose o f co the county commissioners. Still, White
ercing that conventiou, and that it subse and the board of canvassers received and
quently indorsed’ Bennett as its candidate; counted those fraudulent returns, made
and that Bennett and Fepn were the only by voting Fort Hall Reservation Indians*
candidates before the, people o f Idaho for mules, and jack-rabbits; but they rejected
the delegateship. It is also universally the returns from Marsh V alley, a regular
known that Fenn received a majority of ly established precinct, that gave Bennett
the votes cast at said election ; and that E. two votes and Fenn 24, because the voters
j . Curtis, Secretary o f the Territory, and held the election in that precinct six or
Joa P in kliam , U. S. M arshal, whose duty seven miles from the place ordered by the
it was to honestly canvass the election re county commissioners, and also because
turns from the several counties in the the election officers sent up as returns the
presence o f the Governor an d c a n d id ate ^ ballot-box and votes cast in 1he precinct,
in so canvassing, rejected or threw out the when Mr. W hite, the aforesaid county au
returns from three or four counties on the ditor, put ballot-box, votes and all, into
ground o f informality and declared Ben the stove in his office, and burned them
nett elected; and that Fenn served upon up. White also destroyed the returns from
Bennett a notice o f contest, to which the Malad, a regularly established precinct,for
latter has answered; and that for some some alleged inform ality, but really be
time evidence was being taken in the mat cause it gave a m ajority for Fenn.
ter. But the details, as shown by the elec
The evidence shows that Fenn received
tion returns made by the respective clerks over 400 majority of the legal votes cast in
of the county commissioners o f the sever the Territory.
al counties to the Secretary o f the Territo
To make public the contemptible efforts
ry, and the frauds perpetrated by the Gov.
o
f
Bennett and his hounds to defy the will
and his pals that have been brought to
light by the evidence, and the illegal and of the people and wrest from them and
corrupt action o f the board o f canvassers the contestant, Mr. Fenn, their rights, it
in declaring Bennett elected, are not so might be stated that it is on record that-
generally understood. I'propose to spread Gov. Bennett wrote to II. O. Adam s, Nota.
ry Public in Nez Perces county—to whom
before the public a few o f the rascally
tricks brought out by sworn testimony of a commission had been sent to take depo
sitions in behalfof Fenn—protesting against
which Bennett and his gang were guilty.
his proceeding to take the depositions,and
The returns from all the counties as
also sent him a motion to dismiss the
made out by the county commissiouers’
matter. And at the time the Governor’s
clerks and forwarded to the Secretary of
protest and motion were placed in the
the Territory, show the vote to have been
hands o f Adams he was informed and as
as follows;
sured that if he would dismiss the taking
Bennett
Fenn o f the depositions Gov . Bennett would ap
Ada County
549
363
A l turns ,
209
82 point him [ Adams] District Attorney for
Boise
363
578 the First Judicial District, in the place of
Idaho
¿3
163
Nez Perces
87
423 Judge Clark , resigned, at a salary o f $1500
Oneida
460
430 per annum, and more than twenty-one
Owyhee
C86
497 months to serve ! But Adam s, although
Shoshone
10
45 a political friend of Bennett’s, was an hon
2385
2581 est man, and spurned the base proposi.
To which should be added the county of tion , and proceeded and took the deposi
tions. The motive o f Bennett in this dirty
Lemhi, as follows:
little transaction will be better understood
Bennett—134.
Fenn—102.
In which county the returns in the Secre when it is known that had'Adams declin
ed to take the depositions, the evidence in
tary’s office show as follows:
relation to the election and the returns
“ F ” W. Bennett—134 votes.
from Nez Perces county could not have
S. S Fenn“ e” —102 votes.
Fenn’s majority, excluding Lemhi County been taken within the time prescribed by
196 votes; including Lemhi, as should have congressional enactment for a contestant
been done, Fenn’s majority was 164, as to gather up his testimony.
shown by the returns.
These frauds were all boldly and bung-
The returns from Nez Perces county lingly perpetrated—most wretchedly plan
were thrown out by the Board of Territori ned and worse executed. It is very appar
al Canvassers ostensibly because the coun ent that where these concocted villanies in
ty canvass was made by a board of can
the election returns failed to connect on
vassers as provided in the general election
law, and not by the board of county can the outside they were “ doctored up” to suit
vassers who, by an act passed January, Bennett’s purposes after passing into the
1869, were given concurrent jurisdiction hands of the corrupt creatures who fawning-
with the board o f county canvassers pro ly do his bidding.
vided in the general election law; but
A letter from Bennett to Eenn has been
really the vote o f Nez Perces was rejected published in the Statesman, in which the
because that county gave 336 majority for overzealous Governor wants to “ stipulate”
Fenn. II there were one solitary dorubt in regard to the contest; but Bennett was
existing as to the motive that influenced very careful not to publish in his paper
the Board of Territorial Canvassers in re
Penn’s manly and independent reply.
jecting the returns from Nez Perces, it
Bennett ignores the fact , that the people
would be removed in the presence o f the
of
Idaho have any rights involved in the
testimony taken in that county in the
contest
for the delegateship, but seems to
matter of contest, which shows conclusive
ly that the board o f canvassers in said entertain the opinion that the candidates
county acted in good faith, and that the are the only parties interested. He also
returns o f the last election were canvassed forgets that candidates cannot “ stipulate”
and made by a board constituted in pre away the provisions of the Constitution of
cisely the same manner and almost exclu the United States, 'which makes Congress
sively by the same individuals who can the judge of the qualifications of its own
vassed the election returns for Delegate to
members.
Congress in the years 187ft and 1872; and
I append the stipulating letter of Bennett’s
that E J. Curtis, as Secretary o f the Terri
tory, received, and said Secretary and U. and the sensible reply of Mr. Fenn to the
g. Marshal Pinkham canvassed, the re
same:
One squ..
Each addition
One square three
Business Advertisemm-,
Quarter column..................... .
Half colu m n ,............................ A»--
,
One column,-................ .......... ....... . -
-
. Ten per cent, additional on advertisements
to which a special position is guaranteed.
CCF"The space df one Inch, up and down
the column, constitutes a square.
N. B.—All debts due this office f.:: payable
in Coin, unless otherwise expressly agreed.
i
EBœnmsEBæssas&sa®?®:.”
L etter o f G o v e rn o r D ennett.
B oise C ity , January 5-th, 1S75-.
H on . S. S. F enn —S ir :—From your no
tice of contest served upon me, and from
the public statements of your friends, I am
led to believe that you are of the opinion
that the election returns of the several coun
ties of the Territory, as canvassed on ■ the
30th day of November, 1874, by' the Terri
torial board of Canvassers, are legal and
sufficient of themselves- to have warranted
said board to have returned you as the per
son elected Delegate to Congress from this
Territory, and that said returns should have
all been counted, and that the refusal of the
board to count any or all of said returns
was illegal and fraudulent. It is perhaps
equally well known that I am of the opinion
that some of said returns are illegal, and
were properly rejected from the count by
the board of Canvassers, aud that the action
of the board was in all respects legal, and
honest. To the end that neither of iia shall
be put to unnecessary trouble, and expense,
and that justice may be done to the board of
Canvassers, and between you and me, J sub
mit to your consideration the following prop
ositions :
F irst —I will stipulate in writing with
you to submit the returns aforesaid to the
Judges of the Supreme Court of this Terri
tory, for their decision, as to tho legality of
the returns, and that the action of- the board
of Canvassers. Each of us reserving tho
right, by ourselves or by our attorneys, to
discuss before the Court tho questions of
law' involve!. And in case said Judges shall
decide that all of said returns should have
been counted by the board of Canvassers,
and such count shows that you received
more votes than I did, I will issue to you a
certificate of election as Delegate to Con
gress, and will make no contest whatever.
And in case said Judges decide that some of
said returns are illegal, and were properly
rejected from the count o f the board of Can
vassers, and a count of such as are legal and
proper to bo counted shall show that I re
ceived more votes, than you did, you shall
withdraw your notice of contest, and make
no further contest.
S econd — In case you refuse to accept tho
above proposition, I will agree to stipulate
in writing with you that tho Secretary of
this Territory shall forward by express to
the Clerk of the House of Representatives of
the Forty-fourth Congress, the original
election returns, precisely as they were be
fore the board of Canvassers, and that said
returns shall be submitted to Congress as
they were submitted to the board of Can
vassers, and from said returns Congress
shall decide which of us is entitled to tlie
seat as Delegate from this Territory; each
of us reserving the right to discuss before
Congress the legal questions involved in tho
case.
I am confident that the board of Canvass
ers acted honestly, and legally, and am will
ing to rest my case upon that confidence.
If you are confident that the action of the
board o f Canvassers was illegal and fraudu
lent, as charged by you, I think you should
be willing to stand by that confidence, and
accept one or tlie other of my propositions.
Will you be kind enough to favor me with
an early reply to this communication, so
that in case ‘f your refusal to accept either
of the above propositions, I may at an early
day answer your notice of contest as provi
ded by law.
Respectfully, .
T. W. BENNETT.
The true object of Governor Bennett’s
propositions, in his letter above, is so gauze
like in texture that the most simple-mind
ed can at a glance penetrate it. He is ad
verse to letting the matter slip entirely out
of the hands of tho ring; and says plainly
to Fenn : “ If you will do-so-and-so, I will
take the delegateship; or I agree to do-so-
and-so— and likewise take it 1” But ho was
cleverly checkmated in the-stipulating bus
iness, as will be soen in reading the
R e p ly o i H on. ¡ 5 . S. Fesaii.
H on .-T. W. B ennett —S i r : —Your com
munication bearing the date January 5lh,
1875, «as delivered to mo on tho following
day, and has been duly considered.
In reply I will state that I respectfully de
cline both propositions made in your com
munication. My duty to the people of the
Territory as well as to myself requires that
I should not rest the right of the people of
this Territory to a representative in the For
ty-fourth Congress, and my ri¿-lit to a seat
in that Congress as their Delegate, solely
upon technical grounds; but also upon the
broad ground that I received a majority of
the votes cast within this Territory at tho
last general election for that office, as is
well known to the people of this Territory,
and has been often admitted by yourself,
your friends, and the members ofthe board
of Canvassers who canvassed the. returns of
said election on the 30th day o f November,
1874.
Respectfully.
S. S. FENN.
—*»*-
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