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Cheboygan District-Counties of Cheboygan, Emmet and Presque Isle, Frank Shepherd, Cheboygan.
Chippewa District-Counties of Chippewa, Mackinac and Luce, James Connors, St. Ignace.
Clinton County-Chester E. Jackson, Ovid.
Delta District-Counties of Delta, Schoolcraft and Alger, Oramel B. Fuller, Ford River.
Dickinson District-Counties of Dickinson, Iron and Baraga, George D. Crippen, Stambaugh.
Eaton County-First District, Herbert Babcock, Woodbury. Second District, Luren D. Dickinson, Charlotte.
Genesee County-First District, Samuel C. Goodyear, Swartz Creek. Second District, William R. Bates, Flint.
Gogebic District-Counties of Gogebic, Ontonagon, Keweenaw and and Isle Royal, Fremont C. Chamberlain, Ironwood.
Grand Traverse District-Counties of Grand Traverse, Leelanau and Benzie, William H. Foster, Traverse City. Gratiot County-Dewitt Vought, Alma. Hillsdale County-James Cousins, Pittsford.
Houghton County-First District, Charles Smith, S. Lake Linden. Second District, George W. Rulison, Hancock.
Huron County-Joshua B. Madill, Ubly.
Ingham County-First District, Samuel W. Mayer, Holt. Second District, Mathias Coad, Williamston.
Ionia County-First District, James Scully, Ionia. Second District, Willis F. Bricker, Belding.
losco District-Counties of Iosco, Alcona, Roscommon and Ogemaw, George E. Gillam, Harrisville.
Isabella County-David J. Cahoon, Mt. Pleasant.
Jackson County-First District, Archibald J. Peek, Jackson. Second District, Henry N. Tefft, Spring Arbor.
Kalamazoo County-First District, Charles E. Foote, Kalamazoo. Second District, James Powers, Scotts.
Kent County-First District, Charles W. McGill, Grand Rapids; Jere. miah H. Anderson, Grand Rapids; Edgar J. Adams, Grand Rapids. Second District, John W. Shisler, Caledonia. Third District, Robert D. Graham, Grand Rapids.
Lapeer County-Henry Lee, Lapeer.
Lenawee County-First District, Thomas M. Camburn, Tipton. Second District, William R. Edgar, Blissfield.
Livingston County-Freeman W. Allison, Chubb's Corners. Macomb County-First District, William A. Rowley, Mt. Clemens. Second District, George B. Davis, Utica.
Manistee County_Charles W. Perry, Pierport.
Marquette County-First District, Samuel M. Billings, Marquette. Second District, William Peters, Ishpeming.
Mason County-Jasper N. Clark, Poulson. Mecosta County-George W. Reed, Stanwood. Menominee County-Wm. J. Oberdorffer, Stephenson. Midland District-Counties of Midland, Gladwin and A renac, William D. Gordon, Midland.
Monroe County-First District, August J. Weier, Monroe. Second District, August Neidermeier, South Rockwood.
Montcalm County-First District, Arthur L. Bemis, Carson City. Second District, Chester A. Miller, Greenville.
Muskegon County-First District, William D. Kelley, Muskegon. Second District, Charles E. Whitney, Muskegon Heights. Newaygo County-Harlan J. Dudley, Fremont.
Oakland County-First District, D. Judson Hammond, Pontiac. Second District, Austin N. Kimmis, Jr., Wixom. Oceana County-John F. Widoe, Hart.
Osceola District-Counties of Lake and Osceola, Alfred M. Fleischhauer, Reed City
Ottawa County-First District, Isaac Marsilje, Holland. Second Dis. trict, Robert Alward, Hudsonville.
Saginaw County-First District, Peter Herrig, Saginaw, W. S.; Hiram A. Savage, Saginaw, E. S. Second District, James Kerr, Taymouth. Third District, Benjamin Colvin, St. Charles.
Sanilac County-First District, Elmore Putney, Speaker. Second District, Richard Pearson, Urban.
Shiawassee County-Francis M. Shepard, Owosso.
St. Clair County-First District, Charles M. Green, Port Huron. Second District, Henry M. Zimmerman, Marine City. Third District, Lewis O’Dett, Avoca. St. Joseph County-Samuel Gibson, Constantine.
Tuscola County-First District, Charles A. Hofmeister, Unionville. Second District, Lyman E. Belknap, Mayville.
Van Buren County_Charles C. Phillips, Bangor. Washtenaw County-First District, Andrew J. Sawyer, Ann Arbor. Second District, John K. Campbell, Ypsilanti.
Wayne County-First District, John Atkinson, William H. Wetherbee, Jos. H. Dickinson, Henry J. Eikhoff, Miller G. Moore, Albert M. Stewart, Lewis A. Stoneman, William L. January, Walter E. Molster, Charles H. Petrowsky, all of Detroit. Second District, Edward E. Bryan, Wyandotte. Third District, Solon Goodsell, Canton.
Wexford District-Counties of Wexford, Missaukee and Clare, John Caldwell, Manton.
I, Washington Gardner, Secretary of State of the State of Michigan, do hereby certify that I have compared the annexed and foregoing list of all the members elect of the House of Representatives of the State of Michigan, for the years 1897 and 1898, with the original returns, as trans. mitted to me by the clerks of the various counties of the State, and that it is a true and correct list.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Michigan, at Lansing, this fifth day of January, in the year of our Lord, one thousand eight hundred and ninety-seven. (SEAL.)
Secretary of State.
The members elect appeared at the Clerk's desk and took and subscribed the constitutional oath of office, which was administered by the Hon. Charles D. Long, Chief Justice of the Supreme Court, in accordance with the statute; all the members elect so appearing and taking the oath except August Niedermeier, of Monroe County,
During the call of the list of the members elect, when the name of James Kerr, member-elect from the Second District of Saginaw County, was called,
Mr. Herrig, of the First District of Saginaw County, arose in his place and presented the protest of John Baird against the administration of the oath to Mr. Kerr.
The following is the protest:
Your petitioner, John Baird, respectfully shows that he is a citizen of the United States, and a qualified elector in the County of Saginaw and Township of Zilwaukee; that said Township of Zilwaukee is a part of the Second Legislative District of the County of Saginaw; that said Legislative District consists of the Townships of Albee, Birch Run, Blumfield, Bridgeport, Buena Vista, Chesaning, Frankenmuth, Maple Grove, Spaulding, Taymouth and Zilwaukee, in said County; that he is now and for a long time past to wit: For a period of eighteen (18) years upwards, has been a resident of said County and Township.
Your petitioner further shows, that said Second District of Saginaw County was entitled to one Representative in the Legislature, who is elected at the general election held in said Township and State upon the 3d day of November, A. D. 1896.
Your petitioner further shows, that there were two (2) candidates for member of the Legislature from said Second District. That your petitioner was a candidate on the Republican ticket, and James Kerr, of the Township of Taymouth, was a candidate on the People's Union Democratic Silver ticket, and there were no other candidates in said District.
That the election returns from the various Townships in said District show a total vote cast for Representative in said District of 4,049.
That the following is a tabluated statement of the vote cast for each in the respective Townships:
Your petitioner further shows, that the official returns from all of said towns in said District, showed that your petitioner received 1989 of the votes cast, and opponent, James Kerr, 2060.
Your petitioner further shows, that in accordance with said returns, the County Canvassers of said county certified, that said James Kerr received a majority of 71 votes in said District.
That thereupon said James Kerr was declared duly elected a member of the Legislature from the Second Representative District of Saginaw County.
The said Oounty Canvassers did not recount the vote for members of the Legislature in said district, but certified to the vote as it appeared upon the face of the returns from the various townships in said district.
That your petitioner filed a written request with the Board of County Canvassers of Saginaw County, at their meeting held subsequent to said election, held November 3, 1896, and more than 24 hours before they adjourned, requesting them to recount the vote for Representative in said legislative district, but that they refused to make such recount on the ground that they had no power in the premises, but that a recount of the vote of Representative of the Legislature was entirely within the province of the House of Representatives.
Your petitioner alleges that there was fraud and illegality in the conduct of the election and in the counting of the votes cast for Representative in several of the townships in said district, and that on a proper counting, lawfully cast, your petitioner is entitled to your certificate, that your petitioner was duly elected to said office.
Your petitioner complains that fraud, illegality and error occurred in the said townships in the conduct of said election as follows:
First, That in the township of Birch Run, many persons unknown to your petitioner, who were not members of the Board of Election Inspectors, and who had no authority to act at the polls at said election in said township, remained in the room of said polling place, and entered booths with electors, and influenced them as to the manner of preparing their ballots; that many electors in said township were instructed at said election, how to cast their votes by some of the Inspectors of Election, and their ballots marked by them, and many by the Challengers, without said persons being first duly sworn that they could not read English or that because of physical disability, they could not mark their ballots, nor was such disability made manifest to said Inspectors.
That your petitioner believes and charges on information and belief, that many persons voted at said election in said township, who were not entitled to vote, and who were not electors, and many were allowed to vote who were not registered.
Your petitioner further shows, that said election was illegally conducted in said township in this, that no suitable ballot box with lock and key having an opening through the lid, of size to admit a single closed ballot was provided by the Township Clerk for the reception of the ballots cast at said election.
That a plain box which had been used by grocers for bird seed was used in said township at said election to receive the ballots cast by the
electors at said election, that it was not furnished with any lock or key, and that for that reason the box was not examined as provided by Section 7 Act No. 190 of the laws of 1891, nor the safeguards, therein provided, against fraud complied with, and for the same reason the safeguards against fraud in case of adjournment, could not and were not carried out.
That after the close of polls in said township at said election, and the counting of the ballots contained in said box by the election inspectors, the ballots were not for the reason above stated placed in the ballot box and securely sealed, and the instructions given in reference thereto in Section 37 of said Act No. 190 complied with.
Your petitioner therefore shows, that the said election as conducted in said township of Birch Run was entirely illegal and void, and that the entire vote cast therein at said election should be rejected.
Second, That in the township of Frankenmuth many votes, to wit, 22, were cast for your petitioner which were not counted for him at all.
That while the returns of said township showed that your petitioner received 140 votes in said township, the fact is, that 162 votes were cast for your petitioner and should have been counted for him, and that said Kerr received but 254 votes in said township.
Third, Your petitioner further shows that in the Township of Tay. mouth, James W. Morse, who was an inspector of election at the said general election, held on the 3d day of November, 1896, in said township, and other persons whose names are not known to your petitioner, entered the election booths with electors, and in the room where said election was being held, and in said booth urged them to vote for the ticket which con. tained the name of said James Kerr for Representative in the Legislature, and also marked their ballots for them.
Your petitioner further says, that at least 50 persons who voted at said election in said township were so instructed by said Morse, and he marked the ballots of a great many, and on information and belief your petitioner avers that one-third of the persons who cast their ballots in said township at said election were so urged and instructed by said James M. Morse and by others.
That none of said persons so instructed by said Morse, or by any others, were sworn as to their ability to read English, or that, because of physical disability, they were unable to mark their ballots, nor was such disability made manifest to the inspectors of election in said township at said election.
Your petitioner further says, that said James W. Morse, who was working in the interest of said silver ticket, went into the booth with wany persons who cast their votes in said township at said election, and assisted them in marking their ballots when no challenger was present.
Your petitioner further says, that many tickets were counted for said James Kerr illegally, and many tickets which were cast for your petitioner were not counted for him in said township at said election.
That a large number of people voted at said election illegally, and that a large number voted in said township at said election who were not registered.