The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1871-01-27
AMENDMENT TO ORGANIC
ACT.

AMENDMENT TO ORGANIC
ACT.
We have from Mr.. Cavanaugh copy o
the bill to amend The Organic Act of Mon
tana, which was referred to the Committee
on Territories. The amendment consists II
empowering the Governor to appoint dur
ing recess of the Council, the officers lie and
the Council are authorized to appoint by
Section 7, the language Of amendment be
ing Is follows:
The Governor shall have power to ill
all vacancies that may happen during the
recess Of the Council, by granting commits.
sions which shall expire q! the end Of their
next session."
The principal Offices to which this refers
arc the Authorship and Treasurership.
Acssrs. Rodgers and Barclay refused to give
up the Offices TO the nominees Of Mr.. Ashley
until conirmcdb by the Council. The Coun.
Gil did not confirm any. The term for
which Mcssrs Rodgers and Barclay were
elected expired. The suit to Gust them
brought Ivy Mr.. Ashlcy's appointccs was
carried to the Supreme Court of Montana.
The Court held that neither Rodgers. Bar
clay, or We, Fisk or Frary were legally en-
titled to the Offices. Mcssrs. Rodgers and
Barclay thcrcupon appealed the case to the
Supreme Court Of the United States, where
It will probably be a year or two in coming
up. In tho meantime, unless the Governors
nominations next winter are confirmed,
Messrs. Rodgers and Barclay will retain
the Offices. The Legislature has provided
that in case of vacancy in these Offices the
Governor may convcnc the Council to con-
drm nominations, but such an expensive
form of procedure is not likely to he resort
cl to, and the same litiga,ions and SQUAD.
blngs that hayc existed for tho last year
and half arc liable TO renew At any time
The amendment is 10 the same effect as
the clause in the Constitution of the United
States empowering tho President in like in.
stance. lfthcsc officers arc TO be appointed
by the Governor and Council, it is right
that this amendment should be made, as
without il, the section Is an abortion.
There is some diversity of opinion As to
the manner Of filling these Offices Under
the plain text of the Organic Act, and the
decision of the Court. the Executive und
the Council have coordinate power to up.
point. While the United States appropri.
stcs money to dcfray Legislative expenses
it may very justly retain to It's representa-
tiye-thc Governor--cqual power with the
Council in appointing to these offices. For
this reason also, statutory provisions that
the Legislature shall have exclusive right
TO elect, would be, II not void, inequitablc.
Besides, If the people of tho Territory
should have the privilege of selcc ting the
custodians of the Territorial funds, they
should have the privilege Of doing it direct
ly by popular vote. All things considered,
VIC believe il would DO better that the Au-
ditor and Treasurer of the Territory should
lie elected by The qualified voters who pay
their salaries and the moneys they ore Gus.
todsus Of. We do not suppose that with
Republican Administrations Washington
and Democratic majority in Montana,
there il ghost of show that this will be
done. Nor would We. il there was y Demo.
cratic administration in Washington and
Republican majority in Montana. Political
parties arc, after all, pretty much alike and
adhere to-
1.-The ancient rule, the ample plan 49,,
That he shall take who has the power, '.'
And he shail keep who can"
We have known partisan papers and
speakers to intimate that within the confines
of their respective parties are all the virtues;
without, all vices. After Judgement Day
If any of these editors and orators get into
tho Happy Land. that kind of business may
do, but here on earth Adam and Eve went
through against forbidden fruit without
any well defined political predictions and
the trace of good there Is In humanity il
fortunately as generally diffuscd. So,
whether these offices are elective by the
people, or appoiutive by tho Governor and
Council, It will probably result in the selec- |
ton of those who are deemed honest, com.
retent and deserving. ..a
There arc but six trotting horses having |