STATE OF NEW YORK: IN ASSEMBLY, On motion of Mr. FIELDS, of New York Resolved, That the Clerk of this House have prepared, for the use of the Legislature, a compilation of the majority and minority reports on contested elections to seats in this House, and that five hundred copies of the same be bound for the use of the Legislature; and that he also cause to be compiled the majority and minority reports of any standing or special committee appointed by this House to investigate any breaches of the privileges of this House, and that one copy of each of said compilations be sent to each member of the present House. 1 INTRODUCTION. This compilation has been prepared in compliance with the foregoing resolution of the Assembly. In a few cases the entire proceedings, from the presentation of the petition to the final action of the House, have been collected for the purpose of furnishing complete precedents. In most of the cases, the preliminary proceedings, the reports of the committees, and the final action of the House only, have been compiled. In all cases full references have been made to the testimony, proceedings and documents. These references are deemed necessary to render the cases intelligible and valuable. To reprint all of the proceedings would make a work of several volumes. A Digest would be valuable, but, as it is not authorized by the terms of the resolution, the index has been made as full and complete as practicable. This compilation has been prepared and arranged under my directions, with the coöperation of Lyman B. Smith, Assistant Clerk, and William J. Wilson, D Deputy Clerk. ALBANY, November 1st, 1871. C. W. ARMSTRONG, Clerk. A petition of John Rowan, Esq., setting forth that at the late election of representatives for the county of Charlotte, the petitioner and Elishamer Tozer, Esq., a sitting member of this house, were candidates; that though there appeared on the poll lists a plurality of eleven votes in favor of Mr. Tozer, yet, that twentytwo persons, whose names are subjoined to the said petition, and a number of others who voted in favor of Mr. Tozer, were not qualified by law to vote for representatives in Assembly, and, therefore, praying for a scrutiny, was read. Ordered, That the said petition be committed to the committee of privileges and elections. Assembly Journal, 1778, page 19. REPORT OF COMMITTEE. WEDNESDAY, Oct. 28th, 1778. Mr. Schoonmaker, from the committee of privileges and elections, eported. That in the controverted election of Elishamer Tozer, Esq., and John Rowan, Esq., the parties being called in and the matters specified in the petition of the said John Rowan against the said Elishamer Tozer, the sitting member, referred to the said committee, being argued, and many matters alleged by the parties, of facts in the county of Charlotte, which, by reason of the great distance from hence, and the expense in bringing witnesses hither, they could not conveniently prove to the satisfaction of the said committee, both parties agreed that witnesses might be examined in the county of Charlotte; for that purpose, the said committee are, therefore, of opinion. 1. That a scrutiny be allowed in the controverted election aforesaid. 2. That the parties may have liberty of examining witnesses on oath, in the county of Charlotte, before any magistrate there, and transmit the depositions to this house at their next meeting. 3. That the petitioner or his agent deliver a list to the sitting member, or his agent, of the persons intended to be objected to by the petitioner, who voted for the sitting member, mentioning in the said list the several heads of objections, and distinguishing the same against the names of the voters excepted to, and that the sitting member or his agent deliver a like list to the petitioner or his agent. Which report he read in his place and afterward delivered the same in, at the table where the same was again read, and agreed to by the house; thereupon, Resolved, That a scrutiny be allowed in the said controverted election, before the House, at their next meeting. Ordered, That the said parties do, on the second Tuesday of December, exchange such lists as are mentioned in said report. Ordered, By consent of the parties, that the said parties or their agents have liberty to examine witnesses on oath, before Alexander Webster and Ebenezer Russell, Esqs., justices of the peace for the said county, or either of them, and that the depositions to be taken be transmitted to this House, at their next meeting, in writing, under the seal or seals of the person or persons taking the same. Ordered, That such examinations be taken at the house of Ebenezer Clark, Esq., in the township of New Perth, in the said county, on the third Tuesday in December next, or so many next succeeding days as shall be necessary for that purpose. Ordered, That the clerk of this House do serve the parties each with a copy of the above resolutions and orders. Assembly Journal, 1778, page 26. |
