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Branch county-Christopher G. Babcock, East Gilead.

Calhoun county-First district, Edward P. Keep, Tekonsha; second district, Will A. Crosby, Battle Creek.

Cass county-James L. Robinson, Redfield.

Cheboygan district-Counties of Cheboygan, Emmet, Manitou and Presque Isle, Frank Shepard, Cheboygan.

Chippewa district-Counties of Chippewa, Mackinac and Luce, William Chandler, Sault Ste. Marie.

Clinton county-Michael S. Doyle, Elsie.

Delta district-Counties of Delta, Schoolcraft and Alger, George P. McCallum, Thompson.

Dickinson district-Counties of Dickinson, Iron and Baraga, Sherman T. Handy, Crystal Falls.

Eaton county-First district, J. Mason Soper, Delta; second district, Lyman H. McCall, Charlotte.

Genesee county-First district, Samuel C. Goodyear, Swartz Creek; second district, John J. Carton, Flint.

Gogebic district-Counties of Gogebic, Ontonagon, Keweenaw and Isle Royal, Fremont C, Chamberlain, Ironwood.

Grand Traverse district-Counties of Grand Traverse, Leelanau and Benzie, William H. Foster, Traverse City.

Gratiot county-Henry L. Wood, North Star.
Hillsdale county-Lester A. Goodrich, Hillsdale.

Houghton county-First district, Angus W. Kerr, Calumet; second district, George W. Rulison, Hancock.

Huron county-John J. Murdoch, Pigeon.

Ingham county-First district, George R. Heck, Lansing; second district, Adney A. Hall, Stockbridge.

Ionia county-First district, James Scully, Ionia; second district, Joseph A. Locher, Saranac.

losco district-Counties of Iosco, Alcona, Roscommon and Ogemaw, George E. Gillam, Harrisville.

Isabella county-Edwin W. Woodruff, Winn.

Jackson county-First district, Samuel B. Collins, Jackson; second district, William A. Reed, Horton.

Kalamazoo county-First district, Edward N. Dingley, Kalamazoo; second district, James M. Davis, Kalamazoo.

Kent countr-First district, Edgar J. Adams, Jeremiah H. Anderson and Edmund Burfoot, Grand Rapids; second district, John W. Shisler, Caledonia; third district, Edward P. Nash, Grattan.

Lapeer county-Edmund Brownell, Thomas.

Lenawee county-First district, George Howell, Tecumseh; second district, Burton L. Hart, Morenci.

Livingston county--James B. Taziman, Oak Grove.

Macomb county-First district, James E. Weter, Richmond; second district, Frank C. Wells, Warren.

Manistee county-J. Herbert Read, Pomona.

Marquette county-First district, John R. Gordon, Marquette; second district, Matthew H. Watters, Ishpeming.

Mason county-Humphrey S. Gray, Ludington.
Mecosta county-George W. Reed, Stanwood.

Menominee county_William J. Oberdorffer, Stephenson.

Midland district-Counties of Midland, Gladwin and Arenac, Duncan A. Wayne, Bradford.

Monroe county-First district, August J. Weier, Monroe; second district, August Niedermeier, South Rockwood.

Montcalm county-First district, Charles H. Laflamboy, McBride; second district, Chester A. Miller, Greenville.

Muskegon county-First district, William D. Kelly, Muskegon; second district, Charles E. Whitney, Muskegon Heights.

Newaygo county-Harlan J. Dudley, Fremont. Oakland county-First district, D. Judson Hammond, Pontiac; second district, I. Roy Waterbury, Highland Station.

Oceana county-Edmund S. Randall, New Era.

Osceola district-Counties of Lake and Osceola, Alfred M. Fleischbauer, Reed City.

Ottawa county-First district, Luke Lugers, Holland; second district, Robert Alward, Hudsonville.

Saginaw county-First district, Peter Herrig, Saginaw, W. S.; Henry M. Schmidt, Saginaw, W. S.; second district, Leonard Baumgaertner, Saginaw; third district, Benjamin Colvin, St. Charles.

Sanilac county-First district, Christopher Murphy, Sanilac Center; second district, Richard Pearson, Urban. Shiawassee county-George T. Mason, Owosso. St. Clair county-First district, William J. Duff, Port Huron; second district, Franklin Moore, St. Clair; third district, John Kingott, Capac.

St. Joseph county-William Pack, Centreville.

Tuscola county-First district, Charles A. Hofmeister, Unionville; Second district, William McKay, Caro.

Van Buren county_Charles C. Phillips, Bangor. Washtenaw county-First district, George S. Wheeler, Salem; second district, Henry Stumpenhusen, Rawsonville.

Wayne county-First district, Henry M. Cheever, Frank Aldrich, Jlbert E. Stewart, Lou J. Burch, Malcom J. McLeod, Joseph H. Dickinson, David E. Heineman, Henry J. Eikhoff, Sheridan J. Colby, Otto Hatzenbuhler, Detroit; second district, Edward C. Bryan, Wyandotte; third district, Solon Goodell, Denton.

Wexford district-Counties of Wexford, Missaukee and Clare, John Caldwell, Manton.



} I, Justus S. Stearns, 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 1899 and 1900, with the original returns, as transmitted 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 third day of Januury, in the year of our Lord one thousand eight hundred and ninety-nine.

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 Blon. Claudius B. Grant, Chief Justice of the Supreme Court, in accordance with the statute; all the members elect so appearing and taking the vath, except Matthew H. Watters of the Second district of Marquette (outy.

During the call of the list of the members elect, when the name of Benjamin Colvin, member elect from the Third District of Saginaw county was called,

Mr. Herrig of the First District of Saginaw county arose in his place, and presented the protest of William E. Gardiner against the administration of the oath to Mr. Henry V. Schmidt.

The following is the protest:
To the House of Representatives in the State of Michigan:

Your Petitioner, William E. Gardiner, respectfully represents that he is a citizen, and a qualitied elector of the United States, and of the First Representative Legislative District of the county of Saginaw, the territorial limits of which is the city of Saginaw.

20. Your Petitioner further represents that at the election held in said District November 8, 1898, he was a candidate for election to the offee of Representative in the State Legislature upon the Republican ticket, and that the Ilon. Peter Herrig was also a candidate upon the same ticket for the office of State Representative, and that Jenner E. Morse, and Henry M. Schmidt were candidates for the office of State Representative upon the Democratic People's-Union-Silver ticket; and that there were only two tickets upon the ballot used at said election in said district to be voted for the office of Representative.

3d. Your Petitioner further represents that the city of Saginaw, which constitutes said First Representative District, is divided into fifteen wards, in which there are eighteen voting precincts; that the Second, Fifth, and Seventh wards of said city have two voting precincts each, and the rest of said wards have only one voting precinct each,

u. Your Petitioner further represents that the Board of Election Inspectors of the Thirteenth ward of said city canvassed the votes cast therein at said election for the office of Representative, and returned to the office of the County Clerk of Saginaw county, their certificate of the same together with one of the tally sheets made by said Board of Election Inspectors at said election. And there was also returned to the office of the said County Clerk, the poll list made by the said election inspectors of said Thirteenth ward, at said election, consisting of the names of the persons who voted at said election in said ward, and showing the number of electors who voted thereat. And your petitioner inspected said poll lists, and he represents that the same was filed with said County Clerk in and for the County of Saginaw, and that it appears by said poll list that there were only 369 ballots cast in said Thirteenth ward, at said election. Whereas, said election inspectors, in and by their certificate, credited the several candidates for said office with votes as follows:

Henry M. Schmidt
Tenner E. Morse
Peter Herrig

224 205 167

William E. Gardiner


Making a total of


which number, divided by two, the number of persons to be elected, would be 3764, showing an excess over the number of votes polled at said election in said ward.

5th. Your Petitioner further represents, upon information and belief, that a discrepancy appears between the tally sheet made at said election in said ward and the certificate made by said election inspectors as to the number of votes cast for said several candidates for said office. And your petitioner further represents upon information and belief, that the Board of County Canvassers of Saginaw county, on Saturday, the 3d day of December, 1898, at the request of the Chairman of the Republican County Committee, and the Secretary of the Democratic County Committre, made an unofficial recount of the votes cast at said election in said ward for said several candidates for the office of Representative in the State Legislature, and said Chairman and said Secretary kept the tally, and it appeared by said recount that there were votes cast at said election, in said ward, for said several candidates, as follows:

Henry M. Schmidt
Jenner E. Morse
Peter Herrig
William E. Gardiner

185 170 164 154

Making a total of


Divided by two is 336}.

6th. Your Petitioner further represents that he petitioned the said Board of County Canvassers to correct said erroneous returns from the Board of Election Inspectors in said district, but said Board of Canvassers refused to correct the same, or to return to the Board of Election Inspectors said erroneous certificates for correction, but said Board of County Canvassers did permit a member of the Board of Election Inspectors of the First precinct of the Fifth ward of said city, to change the figures of the certificate made from said First precinct, so as to increase the number of votes certified as cast in said precinct for said Henry M. Schmidt, by seren.

7th. Your Petitioner further represents that he is informed and be. lieves that said Board of County Canvassers made their certificate of the vote cast for said-office, taking said false and fraudulent certificate of said Thirteenth ward to correctly state the number of votes cast therein for said office, and that said board has certified that said Henry M. Schmidt received 3274 votes at said election in said district, and that your petitioner received 3261 votes in said district, which would give said Schmidt a majority over your petitioner of thirteen votes, whereas the actual rote for said Henry M. Schmidt in said First precinct of the Fifth ward, and in said Thirteenth ward, would reduce the number of votes canvassed by said Board of County Canvassers as cast for him, so that the vote as cast for him in said district would only be 3228, and the num

ber cast for your petitioner in said district, 3258, which would give your petitioner a majority of 30 over said Democratic candidate for said office.

Your Petitioner, therefore, in consideration of the premises, prays that a committee may be appointed for the investigation of said matters, or that such other means and methods may be adopted as to the Legislature may seem proper, to obtain the truth respecting said matters, and that your petitioner may be declared elected Representative to the State Legislature from the First Representative District of Saginaw county for the term commencing January, 1899, in the place and stead of said Henry M. Schmidt. And your Petitioner will ever pray.



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On this 29th day of December, A. D. 1898, before me, personally appeared the above named petitioner, William E. Gardiner, and made oath that he has read the foregoing petition by him subscribed, and that he knows the contents thereof, and that the same is true of his own knowledge except as to the matters therein stated to be upon information and belief, and that as to those matters he believes it to be true.


Notary Public in and for the County of Saginaw, Michigan.

The Clerk announced that the protest would be received and would be referred to the committee on elections, when appointed.

The oath of office having been duly administered to the members elect present, and all having duly subscribed the same,

On motion of Mr. Chamberlain,
The House took a recess until 2:30 o'clock p. m.


2:30 o'clock p. m. The House met and was called to order by the Clerk.

Matthew H. Watters, member elect from the Second district of Marquette county, appeared at the Clerk's desk, took and subscribed the constitutional oath of office, and took his place on the floor.

The Clerk announced that the first business in order was the drawing of seats in accordance with the statute.

The procedure being explained, and a lad, Merle Urquhart, being blindfolded for the purpose, the drawing was proceeded with, with the following result:

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