The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1871-03-24
DEERLODGE CITY, FRIDAY, MARCH "a
THE PROPOSED AMENDMENT TO THE
ORGANIC AIT.

~.
porting The pet schemes Of Grant and the policy 81
Gov. Potts In trying TO got away with the peoples
part Of the Organic Act Indtpfndtnt, l&h.
With Governor Potts persona, c''nr9tsct Ne have
tor the benefit Of Montana: We emphat'cally dcny
that Is amendment the Organic Act IL Inealt ~
The Glitch. Of thi. Territory We strcnuou'y uphold.
--Fj0nrsS. lCkh.
Here are the expressions Ut the two Dem
ocralic papers on the West Side, relative to
the proposed amendment. Neither one, az
We recouect, Aas erer shown one reason rhy
the amendment shouLan no! be made. Its en-.
iner,ly in their lirc 10 get between Mr..
Cavanaugh's legs and growl at his bidding.
hut If they have any intelligent idea of why
they should DO 50, they have not evidenced
it in regard to the amendment. "Gctting
away with the peoples part Of the Organic
Act" says one; ''insulting the citizens of
Montana" cries the other, and for this they
expect % he dcificd ~ champions, and can
onized as saints of the Republic when their
tribu|a,ions are transferred to another
world.
Now let Us see what NIL this atroclty
attempted by Governor Potts consists Of.
Some years ago, under = law passed by the
Legislature Of Montana, Nr. Barclay was
elected Treasurer and Mr.. Rodgers Auditor
of Montana There existed in the Organic
Act at the same time the following
SEC. = And Dr. Il further enacted. That all town.
chin district and county tecrs not herein otherwise
provided for shall be appointed or elected ~ the case
may tc In such manner 10 shall he provided by the
tiOverior ard Legislative Assembly IT the Territory
aud With the advice and consent Of tho Legislative
Council appoint a Oiiccrs not herein otherwise pro-
v!ded for and IN the rst instances thu Governor alone
fees until the end Of the fret session Of the Lcgpls
tve Assembly. aud shall lay of the necessary dissricis
Tor tic memhcrs Of the C0unc;! ard House Of Repre-
scntsti'.s aud all other officers.
BY the authority conferred by this section
Governor Ashley nominated Mcssrs. Frary
and Fisk to succeed Barclay and Rodgers.
The latter refused 10 surrender their offices,
and the case went to the courts. The full
bench Of Montana-JudSes Warren, Symcs
aud knowles-dccidcd Barclayand R0dgers
not entitled to the ot9ees, pronouncing the
elective law whereby they were elected
violation of the Organic Act. Chief Jus.
,icc Warren, Democrat, decided Fisk and
Ftary were entitled 10 the Officers. rccogniz.
ing the authority Of the Governor to appoint
tho Territorial officers and al sll vacancies
occurring during recess Of the Legislature.
To this latter proposition Justices Symes
and Knowles, Republicans, disscnted.
The question Of the power of tho Court
TO declare an Office vacant, was here raised,
and overruicd by the Court, to ,oAicA ruling
only Rodgers aul Barclay excepted, sued
out writ OF error u tho Supreme Court,
and su:c 5000 bond each. They thus &C.
copied tho decision. that tho offices are not
elective. Mr.. Cavanaugh subsequently In.
PRODUCED a bill in Congress specifically
granting tho people the right to elect these
officers, thereby conccding also that section
seven does not confer tia. right. The lie.
gis!aturc also bv bill passed over Cover.
nor Ashley's veto. Dec ~, 1859. conceded
tho officers wercappontiyc by the Governor
and Council, and provided for the filling of
vacancies.
The yndeprndent win thus see tho ''pco.
pies part" in selecting Territorial officers
was gotten away with" BY the Organic
Ac. long hcfore benjamin F. Potts was up
pointed Governor Of Montana. So much
for il.
The right Of the Governor and Council
10 appoint Territorial officers having bccn
established, what Is this diabolicai amend.
mcnt Governor Potts asks? A clause in the
Constitution Of tho United States Is As fol.
lows--
Art. See:
Tho President shalI have power to al up al vacan.
ecs that may happen during IN. recess Of the senate,
by granting Commissions which ssall expire Ut the
end u their next scssion.
The copy Of tho bill 10 amend Section 2
Of the Organic Act of Montana showed the
following 10 the entire amendment
The Governor shsll have power to oil all vacancies
that may happen during the rccrs Of the Counc BY
erantin. commissions, which shall expire at lhe e,sd
VI their next session.
II is identical with the clavsc of tho Cor.
s,itution. Is tho sensitive, wonderfully
sagacious Pioneer, sailing under the asserted
cOIors OF independence, with Republican
captain and first mate on the quarterback,
and every gun gushing Ut the muzzla with
Democratic or Cayanaugh articles manu.
featured to suit the merkct, much ''insultcd"
by tho Constitution? II not, why then4hy
IN identical amendment TO the Organic Act
Of Montana ltsupcrc.liously elevatcs and
wrinkles it's eallouscd ncs,rils st any art .cle
that IL not red hot partisan. scurril0us and
eplcnctic, ~ unworthy of its c0nccited no.
ticc. II some one would send It 4 manu-
script copy of the Sermon on tho Mount,
we'll wager . hat the Pioneer would reject
It q too milk and.watery. and think il had
done something smart. Well! VIC viii en-.
Gcsvor to survive the indifference II lavishes
on our style
The amendment above cited should
have been passed. The Courts have decided
the incumbcnts of the Territorial Offices are
not legally entitled thereto. II the Supreme
Court Of tho United States issues o mandate
confirming tho decision Of the Supreme
Court Of Montana-and il probably will
il will Dust Icssrs. Barclay and R0dgers.
II q will hc no legal cuetotlians of the
public monies until, under the mandatory
act OF tho Legislature. the Governor con-
vcncs the Legislative Council Il cost at
Gle per day and mileage 10 each member.
sggrcgating $4,000 OF e3.00O,) TO appoint
successors. These vacancies are liable %
recur ct any time In the interim Of bi.enuial
sessions. and the act Of the Legislature 70.
quircs thai IN each instance, within twenty
days, q session of the Council must be called
10 confirm another officer. thus saddline an
expense IF thousands of dollars on the Ter.
ritory We ssk the Democratic press. which
Is tho imposition the appointment, Or this
Act
Since the organization Of tho Territorial
avaeAUn th0aO s.01nnea hnv.A N~>>~>