promise of office, or other corrupt means to secure his election to the United States Senate, except that of Senator York.

Mr. York, by his own testimony, was a party to the transaction, crime or corrupt bargain, and was of course an accomplice. There is no plainer principle in the law than that which declares that the evidence of an accomplice, unsupported, is insufficient to convict. Mr. York is not corroborated in the most trivial circumstances, but on the contrary is clearly contradicted by other witnesses in several important particulars.

Again, the rule of law and evidence, founded on the rock of human probability and belief, is well settled, that when a witness has once shown himself to be capable of committing willful or reckless perjury, the presumption that he will tell the truth ceases, and if any connected statement of a witness is shown to be false and extravagant in any material particular, then the whole statement is presumed to be false also.

Several witnesses have testified that they were offered money to influence their votes in the late senatorial election by parties named by them, but there has been no evidence to prove that Mr. Pomeroy was in any way connected with these persons making such offers, or even authorized such offers to be made in his behalf, except the evidence of C. A. Rohrabacker. In the case of this last witness we are clearly of the opinion that he is totally unworthy of belief. We reach this conclusion by considering the circumstances under which the witness states the authority to have been given and the relations at that time existing between him and Mr. Pomeroy. These circumstances render the story of this witness improbable, and the fact that the witness on three several occasions approached Mr. Pomeroy's friends, twice to Mr. Ennis and once to Judge Horton, and voluntarily offered to leave the city and place himself beyond the reach of this committee for the sum of $50, fixes his status that of a witness in the market ready to serve the highest bidder.

We are not called upon as members of this committee to express any opinion as to the truth of any charges made against Mr. Pomeroy, except as that opinion shall be based on the testimony before us, and from the testimony we are compelled to find that charges of bribery and corruption against S. C. Pomeroy

during the senatorial election in January, 1873, are not proven, and ask to be discharged from further consideration of the subject.

WM. MARTINDALE,

Of the committee on the part of the Senate.

C. F. HUTCHINGS,

Chairman of committee on part of House of Representatives. JAMES MCDERMOTT,

Of committee on part of House of Representatives. Mr. Guerin, chairman of the special joint senatorial investigating committee, made the following reports:

WHEREAS, It has been publicly asserted on the floor of this House that members of this Legislature have been guilty of bribery and corruption in the recent election of United States Senator: therefore,

Resolved by the House, the Senate concurring, That the committee of investigation be instructed to make this accusation the subject of immediate and thorough investigation; that the accusers be required to make their charges direct and specific, to the end that those implicated may have opportunity to answer and the innocent be vindicated.

Adopted by the House, February 3, 1873.

ALEX. R. BANKS,

Chief Clerk of House of Representatives.

Concurred in by the Senate, February 6, 1873.

GEO. C. CROWTHER, Secretary.

Mr. President of the Senate and Speaker of the House of Representatives:

The committee appointed to investigate charges against Hon. S. C. Pomeroy, United States Senator, to whom was referred the foregoing resolution relating to charges of bribery and corruption against members of the Legislature, submit the following report:

The investigation of charges against members of the Legislature was so intimately connected with the subject which this committee was originally appointed to investigate, that the testimony has been taken with reference to both resolutions, and will be submitted with the report upon the original resolution. No direct or specific charges have been made against members of the Legisla

ture before your committee, but a large number of witnesses have been examined, and your committee have summoned to appear before them all persons from whom your committee had reason to believe any important evidence could be elicited. With few exceptions the parties summoned have appeared and have been examined concerning the matters under consideration. The testimony offered fails to substantiate any charges of corruption or bribery on the part of any members of the Legislature. Your committee therefore ask to be discharged from the further consideration of this subject.

W. E. GUERIN, Chairman,

E. N. MORRILL,

Of the Senate.

E. J. NUGENT,

S. K. CROSS,

Of the House of Representatives.

MINORITY REPORT.

The undersigned members of the joint committee, being of the opinion that the report of the majority is not responsive to the questions submitted by the resolution for their consideration, but that in effect it shields from the consequences of his action the principal person implicated in the circulation of the charges referred to in the resolution, at the expense of the good name of the members of the Legislature, beg leave to submit a separate report. While we do not dissent from the conclusions arrived at by the majority of the committee, we deem it our duty to state more fully the circumstances and facts developed by the testimony. We believe that the preamble of the resolution, which says, "It has been publicly asserted on the floor of this House that members of this Legislature have been guilty of bribery and corruption," refers particularly to the statements made by A. M. York, Senator from Montgomery county, in the joint convention, and that no investigation or report would be perfect without an examination into the nature and the truth of these charges.

We are instructed by the resolution "to make this accusation the subject of immediate and thorough investigation," and the accusers are required to make specific and direct charges. No such charges have been made before the committee, but we find from the testimony that Senator York stated substantially on the

floor of the joint convention, that he knew of members of the Legislature who had Mr. Pomeroy's money for their votes burning in their pockets, and that he would at the proper time give their names. This assertion we find utterly untrue. Mr. York says himself in his testimony that he may have made extravagant assertions, but that he did not intend to apply "any invidious remarks or imputations upon members of the Legislature, except as reported to him by Mr. Pomeroy," and yet he says Mr. Pomeroy did not tell him he had paid any money to any member to influence his vote, but on the contrary told him he had not used any money in that way.

Upon the whole, we are fully satisfied that no member of this Legislature is implicated in any bribery, corruption or other improper conduct, in the late senatorial election, and that any assertion made in the joint convention to that effect is wholly false and without foundation.

This report is not intended in any respect to apply to the matter of the alleged payment of money by Mr. Pomeroy to Senator York, or as expressing our opinion of the conduct of either of those gentlemen in the late senatorial election, as that will be made the subject of a separate report.

WM. MARTINDALE,

Of committee on part of the Senate.

C. F. HUTCHINGS, Chairman.

JAMES MODERMOTT,

Of committee on part of the House.

Mr. Murdock moved that the rules be suspended, and House bill No. 399 considered engrossed and read the third time now, which motion prevailed, and House bill No. 399, "An act for the relief of persons therein named," was read the third time, and the question being, Shall the bill pass? the roll was called with the following result: Yeas, 17; nays, 4.

Gentlemen voting in the affirmative were: Messrs. Blair, Barker, Crichton, Grimes, Guerin, Matheny, Moonlight, Morrill, Murdock, O'Neil, Palmer, Simons, Simpson, St. John, Topping, Wilson, J. C., and York.

Gentlemen voting in the negative were: Messrs. Ely, Johnson, Judd, and Winter.

Gentlemen absent or not voting were: Messrs. Brandley, But

ler, Edwards, Martin, Martindale, McFarland, McWirt, Price, Rogers, Schmidt, Walker, and Wilson, V. P.

And so, a constitutional majority having voted in favor of the passage of the bill, the bill passed and the title was agreed to. Ordered that the Secretary inform the House thereof.

66

Mr. Butler asked and by unanimous consent obtained leave to offer Senate concurrent resolution No. 45, 'Relating to the printing of the report and evidence in the Pomeroy investigation, which was laid over under the rules.

BILLS ON THIRD READING.

House bill No. 313, "An act relating to district and county agricultural societies and farmers' clubs, and amendatory of section 2 of chapter 37 of the statutes of 1872, relating to the state agricultural society," was read the third time, and the question being, Shall the bill pass? the roll was called with the following result: Yeas, 18; nays, 2.

Gentlemen voting in the affirmative were: Messrs. Butler, Barker, Crichton, Ely, Guerin, Johnson, Judd, Matheny, McFarland, Moonlight, Morrill, Murdock, Price, Simpson, St. John, Topping, Wilson, V. P., and York.

Gentlemen voting in the negative were: Messrs. Grimes and Rogers.

Gentlemen absent or not voting were: Messrs. Blair, Brandley, Edwards, Martin, Martindale, McWirt, O'Neil, Palmer, Schmidt, Simons, Walker, Wilson, J. C., and Winter.

And so, a constitutional majority having voted in favor of the passage of the bill, the bill passed and the title was agreed to. Ordered that the Secretary inform the House thereof.

House bill No. 369, "An act authorizing the cities of Osborne and Montana to become cities of the third class," was read the third time, and the question being, Shall the bill pass? the roll was called with the following result: Yeas, 20; nays, 1.

Gentlemen voting in the affirmative were: Messrs. Butler, Barker, Crichton, Edwards, Grimes, Judd, Martindale, Moonlight, Morrill, Murdock, Palmer, Price, Rogers, Schmidt, Simons, Simpson, St. John, Wilson, J. C., Wilson, V. P., and York.

Mr. Johnson voted in the negative.

Gentlemen absent or not voting were: Messrs. Blair, Brandley,