Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1878-01-31
HAVE WE 4 LEGISLATURE:
New Norih-West !


Legislative Assembly, and assuming tn
, in to be the case. it is asked whether. as in
former instance. the Legislative function
cen Of the Territory have lapsed and requiI
an act of Congress TO restore them. Deem
on ing il a matter of great public importanc
we have carefully examined the Uni
rc- ed States and Territorial laws and the OFF
cial abstracts showing the date of election
-, of the several members since 1875. Will
-. there still exists a doubt as to there bein!
. a quorum of the Council. qualified an,
r. holding over. we believe that doubt Onl,
GU exists through the possible forfeiture o
one or more members by absence from thu
a county or district from which they were
Q! elected. and there certainly is House quo.
rum yet existing. We submit below the
~ facts ascertained and such conclusions as
H. seem clearly established thereby:
The Organic Act of Montana. approved
70 May %. 1864, limited the term of Council
IN members TO two years and House members
to enc year. The General Appropriation
n Act, approved March 3. 1869, contained
J. the following:
''Prori9ed, That hereafter the members
f of both branches of the Legislative As
sembliCs of the several Territories shall be
chosen for the term of two years, and the
6 sessions OF the Legislative Assemblies
shall be biennial and each Territorial Leg
islature shall, at its first session after the
passage Of this act. make provisions by
law for carrying this act into effect
All members of the House were elected
November 9TH. 1876. Under the Territori-
al act relating to elections, approved Feb
rlary II, 1876 their terms Of office began
on the third Monday in December. 1876. |
and will continue until the third Monday
in December. 1878. when their successors.
TO be elected next November. will begin
their terms. Therefore. unless vacancies
have occurred from other causes than eX-
piration OF term we still have q quorum of
the House.
! A different condition exists in relation
to the Council. BY the increase of the
number of members from seven to thir-
teen. and the holding of annual elections
and annual sessions. the election of seven
members fell one year and six tile next.
The result of the omission Of an election
in 1877 is that, with one exception. no new
members were elected to take the place of e
those who were elected for two years on \
the "a Of August. 1875. and whose terms
of office expired by limitation on the lst v
day of December, 1877. 1t is true the p
Territorial election Act, approved Feb. II. Il
1876. provided that "all county. district n
and tow snip officers elected at the Aug
ust clec,. N in the year 1875 shall hold il
their respective Offices until the third Mon p'
day in December, 1873" but the Territori- al
al Legislature could not extend the terms eN
Of its members beyond the two years to til
which they are limited by act of Congress. I'll
The dates Of election of Council members,
as shown by the official abstract. are: in
NUMBERS. DIST REPRESENTED. ELECTION. co
D. hs r sFaMn' Lewis EisT Loh at. AHss ISIS b.
". e. CHlIs,, j" I'll
I Watson, Madison & Beayerheal :" eli
mo; Allebaagh, Madison M
T. ;. atson, Madison & Bcave,head, Nov. !, 1876 ri
: Ls Ma,er'"ry' Deer ss. Lodge Missouas ci,
T. $ Ford, Eeagher & Ch,teau. W,
!. W MEADOW Nc d9w' jefferson Galla'in, 8.
" O. P Hsyes. Gallatin,
1t Will be seen from the above that Wat III
on was elected in 1875 and again in 1876,
lence his name is duplicated. The terms
IT all those elected in 1875 expired in 1877: ~
he terms of all those elected in 1876 will
xplre on the third Monday in December.
$40. None of the present Council or =,
touse members will be members at thc =!
cNt regular session unless reelected. and w
1 the general election to be held on Ties w
lay. Nov.5. 1873. there will be thirteen az.
nembers OF the Council and twenty-six ~, ~:
nemi,ers OF the House TO elect. Thereof ~.
er there seems no probability that the w.,
resent condition Of affairs will recur. ~, ="
AS it stands now. if the above data is ~ -,
orTect, there can be at present only seven -;
,embers of the Council-a bare quorum a.,
in existence. 1t may be that less than -: '%
hat number exists. The Act of Feb. II. ~
SIG. provides that: aN
every office shall become vacant on the y"
opening Of any of the following events
efore the expiration of his term of Office: u ",
erritory. county. or township for which ~. w
e Shall have been elected or appointed. or -,
'lthin which the duties Of his office are to
discharged. Second. his conviction of ~
ny INFAMOUS crime. or of any Offense in -.
diving the violation of his official oath, - -
bird. his refusal or neglect to take the '''
ond or denosit such oath ~ hnn o .;.,: ing
re time prescribed by law
1t may be that one or more of the seven +,
Gliding over has forfeited his office under ."e
re first .'event." One member. Hon. r. 50,
ford. Is now en- route to the States, to
absent some months. and quorum ~
'uld not be made up during his absence. ~
esignations or deaths may occur So the o a.o
iistence OF Legislative body in this 80
criitory hangs at best on slender ",'
read ont
Section so Of the acts last above referred ~
gives the Governor authority to order - :.
ecfion TO fill vacancies in the Legislature e
hen they exist. rand a session of the =
legislature is to take place before the next -
g'llar session." but in no other case. =
nd beside it now being requisite to obtain -
e consent of the President Of the United -: ~.
ates before an extraordinary session of . .s
e Legislature can be held. section 1856 of =. -.
e Revised Statutes says. 'No session Of r
e Legislature of Territory shall be =
Id until the appropriation for its expens- n.y.,
has been made" No appropriation is Az, Az.
W made. therefore there can be no extra va!
'sion. and there being no extra session.
ere can he no election 10 fill vacancies
til the regular election. 1t is, however, f
oes' op'ii'oh 'hat even IN HE event OF tana
IRE not being a quorum of both branch Emo
or either branch. of the Legislative As low
nhlY the legislative flncfions of the Tor -