1846.

No. 1.

Report of Committee on Privileges and Elections.

The Committee on Privileges and Elections to whom was referred the memorial of George A. Coe, who claims to have been duly elected a Senator of the 4th Senatorial District instead of Ephraim B. Danforth, the sitting member, have had the same (together with a mass of documentary evidence, adduced at their various sittings) under consideration, and have instructed me, as their chairman, to report simply the facts and the evidence, in kind and degree, without any inferences or legal conclusions deduced therefrom by any member of the committee.

To this determination did your committee come, because upon a patient and careful investigation (the contestant and contestee both being present in person and by able counsel) some of the matters submitted to them seemed of so intricate and embarrassing a character and without precedent too in parliamentary practice, as far as 'your committee is advised, that to obtrude the opinions of your committee upon the Senate might prejudge or prejudice the claims of one or the other party.

The contestant rests his claims to a seat on the grounds

1st. Of a misnomer and also a clerical error in the returns of the township of Quincy, in the county of Branch, in said district. He alleges that 87 votes were counted and allowed to the sitting member in the county and district canvass, for said township of Quincy, and that no votes were cast for Ephraim B. Danforth in said township, but that 57 votes were cast therein for Ephraim Danforth.

To sustain this allegation, the contestant adduced the certificate of the Clerk of Branch county, tending to show that the county canvassers of that county counted and allowed to the sitting member 87votes as having been given to him in the township of Quincy in said county when none were given him in said township; but that 57 were therein given to Ephraim Dansforth; and that the said 87 votes were counted and allowed in the district canvass to the said contestee,

he the said clerk being one of the district canvassers. tificate of the Inspectors of the township of Quincy.

Also the cer

2nd. Of a mistake of the board of inspectors in the township of Leoni in the county of Jackson, in said district.

The petitioner further alleges, that he received 71 votes in the township of Leoni in said county of Jackson, but that by a mistake of the township inspectors they were returned to the county canvassers as having been given for Geo. A. Coe, and were rejected and disallowed him by the county and also by the district canvassers.

To sustain this 2nd allegation the contestant produced the certificate of the county clerk, of said county of Jackson, certifying that 71 votes were cast in said county for Geo. A. Coe. Also a vouched extract from the returns of the township of Leoni, stating that Geo. A. Coe received 71 votes in said township. Also the affidavit of the town clerk of Leoni township deposing that George A. Coe received 71 votes in said township..

3d. Of a misnomer of the contestants's name in the county of Eaton in said district. In this regard he alleges that by a mistake of the printer a part of the votes circulated and cast in said county for him were for George Coe instead of George A. Coe, and thus that 221 were cast for the contestant by the name of George Coe, and that they were disallowed him in the county and district canvass.

For proof of this allegation, he adduced the certificate of the county and district board of canvassers. Also the affidavits of several residents of said county of Eaton, taken ex-parte without notice tending to show that the printed ballots in circulation and cast in said county, bearing the name of George Coe were designed for the petitioner.

The contestant also presented evidence to your committee that he was the regularly nominated candidate of the whig party for Senator for said district.

The certificate of the district board of canvassers for said district, exhibits among other things the following items:

For Ephraim B. Danforth,

3,460 votes,

The above abstract exhibits all the votes that can be claimed by either party for himself.

The sitting member to sustain his right to retain his seat produced the affidavit (with notice to the opposite party) of the deputy clerk of the township of Albion, in the county of Calhoun, in said district and one of the board of county canvassers of said county, tending to show that 94 votes were cast for himself in said township of Albion, although they were returned, counted and allowed in the county canvass to Ephraim Danforth instead of Ephraim B. Danforth.

Also the affidavit of 12 residents of Eaton county, in said district, deposing that they voted for George Coe and thus intended to vote and some one or two of them, that there was no George Coe, save petitioner in said district, to their knowledge and belief. These were also taken ex parte, without notice.

No evidence was submitted to your committee, as to the fortyeight votes cast for Ephraim B. Danford.

With the above exception, no evidence was adduced affirming or denying the existence of any persons in said district, designated and known as Ephraim B. Danford, Ephraim Danforth, Geo. A. Coe, or George Coe. All of which is respectfully submitted.

J. N. CHIPMAN,

Chairman.